On July 25, 2017, the Equal Employment Opportunity Commission (EEOC) announced that nationwide retailer, Bass Pro Outdoor World, LLC, agreed to pay $10.5 million and provide other relief, including a nationwide agreement addressing hiring and recruitment. How did we get here? On September 21, 2011, the EEOC filed a lawsuit against Bass Pro alleging that Bass Pro engaged in a pattern or practice of … [Read more...] about Wondering What Discrimination Lawsuits Could Cost Your Business? EEOC Announces Bass Pro to Pay $10.5 Million and Enter In Nationwide Agreement
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This Just In: The Department of Labor’s Silence on Overtime Finally Breaks (and it Sounds Like Good News!)
As you may recall, the DOL previously issued a Final Overtime Rule that was set to increase the minimum salary threshold for white collar exempt/salaried employees from $455 per week or $23,660 annually to $913 per week or $47,476 annually. On November 22, 2016, a Texas Federal Court judge issued a nationwide preliminary injunction stopping the Department of Labor (DOL) from implementing and … [Read more...] about This Just In: The Department of Labor’s Silence on Overtime Finally Breaks (and it Sounds Like Good News!)
Medical Marijuana Employment Case in Massachusetts Could Foreshadow Potential Claims to Come for Pennsylvania Employers
In a fascinating case out of Massachusetts, it was found that an employee could sue her former employer for disability discrimination due to the failure of the employer to create an accommodation that would exempt her from drug testing for her use of medical marijuana outside of the work day. The case, which appears to be the first the country to allow such a claim to proceed, notes the growing … [Read more...] about Medical Marijuana Employment Case in Massachusetts Could Foreshadow Potential Claims to Come for Pennsylvania Employers
Third Circuit Court of Appeals Finds That the Single Use of a Racial Slur May be Sufficient to Create a Hostile Workplace
Employers are well advised to take steps to create a safe work environment. In the case of Castleberry v. STI Group, No. 16-1313 (3d Cir., July 14, 2017), the Third Circuit Court of Appeals (which covers Pennsylvania) joined several other Courts of Appeals in finding that a single use of a racial slur can be sufficient to show a hostile work environment on the basis of race. In Castleberry, the … [Read more...] about Third Circuit Court of Appeals Finds That the Single Use of a Racial Slur May be Sufficient to Create a Hostile Workplace
Pennsylvania Transgender Employee Is First in the Country to Get Into Court Under the ADA: What Does This Mean For Pennsylvania Employers?
Kate Lynn Blatt, a transgender woman, sued her employer, Cabela’s Retail Inc. (“Cabela’s), in Pennsylvania’s Eastern District Court, under the Americans with Disabilities Act (“ADA”), based on Ms. Blatt’s diagnosis of Gender Dysphoria, also known as Gender Identity Disorder (“GID”). Cabela’s asked the judge to have Ms. Blatt’s case dismissed from court, arguing that GID is specifically excluded … [Read more...] about Pennsylvania Transgender Employee Is First in the Country to Get Into Court Under the ADA: What Does This Mean For Pennsylvania Employers?
This Just In: The House of Representatives Takes Private Sector Employers and Employees One Step Closer to Flexibility in Overtime Pay
Yesterday, the House of Representative passed H.R. 1180, titled the Working Families Flexibility Act of 2017, a bill that, if it becomes law, would let employers in the private sector to offer their employees the option of receiving overtime pay in the form of paid time off, at a rate equal to one and one-half hours off for every hour worked overtime, or compensatory time, instead of cash … [Read more...] about This Just In: The House of Representatives Takes Private Sector Employers and Employees One Step Closer to Flexibility in Overtime Pay