Pay Disparities and Form EEO-1: What to Report for 2018?

The Equal Employment Opportunity Commission’s (“EEOC”) Employer Information Report EEO-1 (“EEO-1”) has long been a governmental tool to gather data from large employers (100+ employees) on employees’ gender, race/ethnicity, and job category.  In 2016, the EEOC issued a proposed rule that expands the scope of EEO-1 to include W-2 wage information and total hours worked […]
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Workplace Rumors that a Female Employee “Slept With” a Male Supervisor to Obtain a Promotion Can Lead to a Sex Discrimination Claim

Can a false rumor that a female employee slept with her male boss to obtain a promotion ever give rise to her employer’s liability for sex discrimination? The U.S. Court of Appeals for the Fourth Circuit answered this question in the affirmative. In Parker v. Reema Consulting Services, Inc., No. 18-1206 (4th Cir. Feb. 8, […]
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Can an Employee Decline FMLA Leave? The DOL Says “No”

I periodically get asked whether an employer is required to designate FMLA-qualifying leave, especially when an employee asks to use paid sick leave or PTO in lieu of FMLA. This often happens when an employee is absent for only a couple of days, albeit a couple of FMLA-qualifying days, and going through the whole FMLA […]
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New Congress and Legislature, New Proposed Employment Laws

It’s still early, but members of Congress and the Texas legislature have proposed a few laws that have a better chance of passing than others. Here I discuss four proposed laws, one federal and three from Texas. They have gotten attention, and have a reasonable chance of being passed, because the federal one was introduced […]
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The Return of Entrepreneurial Opportunity as a Hallmark of Independent Contractors

Recently the National Labor Relations Board (“NLRB”) reversed a 2014 NLRB decision that has major implications for distinguishing between independent contractors and employees for National Labor Relations Act purposes.  This question impacts whether particular workers are entitled to the protections of the Act, such as the right to unionize and to engage in other types […]
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Five Tips for More Effective Offer Letters

Most seasoned HR professionals and employment lawyers give little thought to offer letters. This isn’t because they’re not important; it’s because the organizations with which we work have developed forms designed to standardize the recruitment process and to minimize the administrative burden associated with onboarding a new hire. While these are worthy objectives, it’s key […]
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The Use of Third-Party Background Checks – New Forms And Old Traps

The use of third-party background check companies to conduct background checks as part of the hiring process continues to be popular with many private employers. The procurement and use of background checks, however, is fraught with new changes and old traps for the unwary. Below are five things every employer who uses third party background […]
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Can the FLSA’s White-Collar Exemptions Apply to Employees Paid on a Daily, Hourly, or Shift Basis?

To qualify for the “white collar” exemptions under the FLSA, an employee must be paid on a “salary basis” and meet a job duties test.  To meet the salary basis test, the majority of exempt employees are paid a guaranteed weekly salary that does not vary depending on the number of hours they work.  However, […]
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When the Government Shuts Down, So Does E-Verify

Government shutdowns seem to be occurring all too frequently.  Although President Trump recently signed a bill to end the most recent government shutdown on January 25, 2019, it is only a short-term bill, which means another shutdown could be looming in the coming weeks. Government shutdowns cause numerous issues, but one that employers should be […]
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In a Tight Labor Market, a Reminder: Most No-Poaching Agreements are Illegal, Some Could Land You in Jail

In recent months, the U.S. unemployment rate has dropped to levels not seen since the late 1960s. This news—great for American workers—has left many employers scrambling to identify, hire, and retain qualified talent and to shore up efforts to assess and manage the business risks posed by an increasingly peripatetic workforce. As employers evaluate and […]
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