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Employment Law

Democrats mount effort to roll back anti-union initiatives

A bill introduced by House Democrats in early May would outlaw state legislation that lets employees in unionized workplaces opt out of paying union dues.

‘Equality Act’ would make anti-gay discrimination unlawful

Discrimination on the basis of sexual orientation or gender identity would be a violation of Title VII of the Civil Rights Act if legislation that passed May 17 in the House of Representatives becomes law.

DOL, NLRB decide: Gig workers are contractors

Two recent federal government decisions make it clear: Gig economy workers such as Uber drivers and online app-enabled repair persons face an uphill battle in the fight to be recognized as employees and gain all the rights employees enjoy.

Ignoring interactive process pops Party City’s balloons

When a team leader at a Party City store in Texas suffered pregnancy complications, her doctor imposed a lifting restriction. But rather than discuss possible workplace accommodations, the store fired her.

New risk: EEOC now suing over small claims

Employers haven’t worried as much about being sued by the EEOC in smaller, less unique cases in which workers had to rely on finding an attorney willing to take their case. But that’s all changing.

NLRB: Bathroom chat isn’t ‘protected’ activity

Even in nonunion workplaces, the National Labor Relations Act protects the rights of employees to engage in “concerted activity” that aims to benefit their job-related mutual aid or protection. But does that protection cover two workers who are overheard complaining about clients in a bathroom? Apparently not.

Provide breaks for nursing mothers: DOL punishing violators of ACA rule

The Affordable Care Act requires employers to provide milk-expression breaks for new mothers and a private place that is not a bathroom. The U.S. Department of Labor is going after employers that don’t comply.

More than half of employers working to fix pay equity

60% of employers say they’ve actively worked in recent years to address pay inequality, according to a new Korn Ferry/WorldatWork survey.

DOL opinion letter on FMLA timing muddies the waters

Employers must run FMLA leave concurrently with any paid leave an employee takes for an FMLA-qualifying condition, according to a new opinion letter from the U.S. Department of Labor.

Complaints at tony Manhattan salon led to hair ordinance

Discrimination complaints from employees of the exclusive salon Sharon Dorram Color at Sally Hershberger contributed to a New York City Human Rights Commission decision earlier this year to label hair discrimination as a form of racial discrimination.