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Employment Law

DOL adjusts penalties for 2021

The Department of Labor has announced the 2021 inflation adjustments to penalties for employers that violate of the Fair Labor Standards Act, the FMLA and the Employee Retirement Income Security Act.

Workers might soon find it harder to file class actions

It just became a lot harder to certify a class for a Fair Labor Standards Act lawsuit—at least in states covered by the 5th Circuit Court of Appeals.

Contracts can’t rush ADA, ADEA deadlines

Check your handbook for language that sets premature deadlines for employees to file discrimination complaints under the ADA and the Age Discrimination in Employment Act. Anything less than the time frames set out in the laws is unenforceable, a federal appeals court has ruled. In most cases, that is 300 days.

Yang named OFCCP director

Former EEOC Chair Jenny Yang has been appointed to lead the Department of Labor’s Office of Federal Contract Compliance Programs, the agency that enforces federal anti-discrimination laws at companies doing business with Uncle Sam.

Biden names Democrats to serve as EEOC chair, vice chair

The two Democrats serving on the EEOC have been promoted to lead the agency, which enforces the nation’s anti-discrimination laws.

Biden acts to reverse Trump civil rights rules

Just hours after being sworn in on Jan. 20, President Joe Biden moved to overturn Trump administration policies affecting how the government addresses workplace diversity and bias in the federal workforce.

New COVID concern: ‘Maskual harassment’

A new study by UC Berkeley and One Fair Wage found that the pandemic has exposed many employees—particularly service and restaurant workers—to face mask-based harassment.

EPA: Employer must prove pay bias didn’t relate to sex

Some employers assume that employees who sue under the Equal Pay Act must prove that sex caused the disparity. That’s backwards. Courts want employers to prove the reason for the disparity was something other than sex.

Engaged bosses can counter workplace bias

There’s news both good and bad in a recent Gallup poll on the prevalence of discrimination in the workplace.

Offer intermittent leave as ADA accommodation

When we talk about intermittent leave, we’re usually discussing the FMLA. But intermittent leave can also be appropriate in the context of the ADA, as a reasonable accommodation of an employee’s disability.