Employment Law Blog

News, trends and analysis in employment law and HR

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Photo of Kandis Sells
Oct 03 2017
Harassment & Discrimination  

Pregnancy Discrimination Act covers breastfeeding

A recent court of appeals decision serves as a good reminder that women are protected by the federal Pregnancy Discrimination Act (PDA) from discrimination or retaliation for requesting workplace accommodations for expressing breast milk. The PDA prohibits employers with 15 or more employees from discriminating against a woman because she…

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Photo of Trish Leimbach
Sep 29 2017
Workers’ Comp  

Washington L&I Proposes Lower Workers’ Comp Rates in 2018

Safety in the workplace pays. That’s why Washington employers can expect an average 2.5 percent drop in workers’ comp base rates in 2018. According to the state Department of Labor & Industries, the proposed rate decrease is the result of improved workplace safety as well as initiatives to help injured workers recover sooner,…

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Photo of Karen Davis
Sep 19 2017
Affirmative ActionHarassment & Discrimination  

OFCCP audit results in $3.22 million payment by B&H Foto

Following an affirmative action audit by the Office of Federal Contract Compliance Programs (OFCCP), federal contractor B&H Foto & Electronics Corp. has agreed to pay $3,220,000 in back pay and interest to affected workers. The OFCCP alleged that the company systematically discriminated against applicants and employees in its warehouse in Brooklyn Navy…

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Photo of Kandis Sells
Sep 19 2017
Disability  

New Washington pregnancy accommodation law is in effect

Washington has a new “Healthy Starts Act” that requires employers with 15 or more employees to provide reasonable accommodations to pregnant workers without regard to whether they are actually disabled. Upon request by employees who are pregnant or have pregnancy-related health conditions, covered employers are required to provide the following accommodations: More frequent,…

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Photo of Karen Davis
Sep 19 2017
Q&A  

Q&A: Don’t make any employment changes in light of DACA rescission

Question: I understand the Deferred Action for Childhood Arrivals (“DACA”) program was rescinded. One of our employees obtained work authorization through the DACA program. Do I need to fire her?

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Photo of Trish Leimbach
Sep 14 2017
Workers’ Comp  

Wage Replacement is Not a Start-Up Fund: Employee Faces Charges for Operating Insurance Business

Workers’ Comp exists for a good reason: to aid employees when they have been hurt on the job. It’s a type of insurance that protects not only employees, but employers. But like any type of insurance, it’s subject to fraud. In a recent case involving workers' comp, insurance was actually what helped bring charges…

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Photo of Karen Davis
Sep 07 2017
Wage and Hour  

Overtime rule that would have increased salaries of exempt workers is dead

It appears that the Obama-era overtime rule that would have nearly doubled the minimum salary for white-collar workers exempt from overtime is now completely dead, thanks to a court decision and a Department of Labor (DOL) legal filing. As we previously reported, a federal district court in Texas put a…

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Photo of Karen Davis
Sep 05 2017
Wage and Hour  

Alert: OMB revokes pay data portion of EEO-1 Report

To the relief of employers across the country, the Office of Management and Budget (OMB) has yanked approval for the controversial new pay data portion of the revised EEO-1 Report that would have taken effect in 2018. The OMB’s Office of Information and Regulatory Affairs informed the U.S. Equal Employment Opportunity…

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Photo of Jackie Marks
Aug 28 2017
Q&AHarassment & DiscriminationHiring  

Q&A: Altering usual hiring process could lead to retaliation charge

Question: A former employee has reapplied for a job at our company. After she quit about three years ago, she filed a discrimination charge with the Equal Employment Opportunity Commission (EEOC). The charges were dismissed, but we don’t really want her back again. We don’t have to hire her, do we?

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Aug 24 2017
Harassment & Discrimination

Objective layoff criteria fend off age discrimination claim in California

A California employer successfully defended itself against an age discrimination claim when it relied on objective reasons to implement a reduction in force (RIF). A 60-year old employee claimed that his hotel employer selected him for a RIF due to his age and that this violated California’s Fair Employment and Housing Act…

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