The U.S. Equal Employment Opportunity Commission (EEOC) continues its focus on challenging employment leave policies as discriminatory under the Americans with Disabilities Act (ADA).
The “Voluntary Resignation” Policy
On September 13, 2024, the EEOC filed a complaint in the Eastern District of Michigan against a nursing home (EEOC v. Pace Southeast Michigan), asserting that the
Some low hanging fruit for the plaintiffs’ bar is an employer who simply doesn’t pay the right wage rate. That happens more often than you think, especially in states like California where so many cities have their own minimum wages. Not paying attention to those city rates might as well be an engraved invitation to
The comprehensive reform of California’s Private Attorneys General Act is now the law. The PAGA reform (AB 2288 and SB 92) was a result of an agreement approved by Governor Newsom that removed the vote on the repeal of PAGA from the November ballot in exchange for the reform.
PAGA is a vital issue to
Overview
On February 23, 2024, the EEOC issued its 2023 Annual Performance Report,[1] which details the EEOC’s main priorities from 2023 and the inroads it made toward accomplishing same. Noteworthy for class action litigation, one of the EEOC’s main priorities was “tackling” systemic discrimination, which involves multiple, alleged victims of allegedly discriminatory policies. The
On April 23, 2024, the United States Department of Labor released a final rule raising the salary threshold for “white collar” workers—i.e., executives, professionals, and administrative personnel. While we expect there will be legal challenges to this rule, if it takes effect, businesses will need to raise their employees’ salaries to meet the new threshold
Join me, for a one-hour webinar designed to mitigate the risks of class action like claims in the manufacturing sector. I will concentrate on EEOC enforcement and share valuable insights applicable to general best practices, including:-Enhanced scrutiny relevant to industries traditionally dominated by men-Common safety policies and practices that may increase risk-The potential for
The U.S. Equal Employment Opportunity Commission (EEOC) recently announced that Scripps Medical Group (Scripps) has agreed to pay $6.875 Million to settle an age/disability discrimination charge that had been filed with the EEOC. According to the EEOC, Scripps “subjected a class of physicians to a mandatory retirement age, regardless of the individuals’ abilities to do
In recent months, the U.S. Equal Opportunity Employment Commission (EEOC) has intensified its scrutiny of employer qualification standards under the Americans with Disabilities Act (ADA). This trend follows the EEOC’s identification of this area as an “emerging or developing” issue as highlighted on this blog in September. Indeed, Between September 14 and October 2, 2023,
EEOC makes no secret as to the policies and practices most likely to trigger systemic action. Indeed, since 2012, EEOC has issued official Strategic Enforcement Plans as a framework for focusing its efforts on areas that EEOC considers most critical. In its most recent Strategic Enforcement Plan for 2024-2028, finalized on September 21, 2023, EEOC
In a boon for employers with exempt employees, the Third Circuit held earlier this year as an issue of first impression that paid time off (PTO) is not part of an exempt employee’s salary under the federal Fair Labor Standards Act (FLSA). Thus, although PTO arguably has a monetary value, employers will not be
