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Paul Zimmerman
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Showing 6 posts by Kathryn T. Lundy.

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Supreme Court Rules a Plaintiff’s Failure to File EEOC Charge Is Not Fatal to Title VII Lawsuit Unless Timely Raised by a Defendant

It’s a given that employers are prohibited from discriminating against employees on the basis of sex, race, color, national origin and religion – this according to Title VII of the Civil Rights Act of 1964, which generally applies to employers with 15 or more employees, including federal, state and local governments. It’s also been a given that a court lacked jurisdiction over a court action for discrimination under Title VII until and unless an employee first filed a charge of discrimination on the underlying claim with the U.S. Equal Employment Opportunity Commission (EEOC). Not anymore. By way of its recent ruling in Fort Bend County v. Davis, the U.S. Supreme Court has determined that this now-familiar administrative filing precondition is a “procedural obligation” and not a jurisdictional prerequisite to a lawsuit. (Read More)

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Attention Employers: Prepare for Reinstated EEO-1 Pay Data Reporting by Summer’s End

Does your company employ 100 people or more? If so, be forewarned – a federal court has lifted the Office of Management and Budget’s stay of the revised EEO-1 form that requires companies to submit a summary of 2018 wage information and hours worked for all employees by race, ethnicity and sex by job category to the Equal Employment Opportunity Commission (EEOC). (Read More)

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Navigating the Complex Web of the FMLA

The Family Medical Leave Act (FMLA) is admittedly complex. Still, covered employers are required to strictly comply with its terms. To assist employers as they navigate the intricacies of the FMLA, the U.S. Department of Labor (the “DOL”) recently issued several opinions concerning some difficult and unresolved issues. (Read More)

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The Gap Narrows

There’s good news regarding the gender pay gap – it continues to narrow, as recently confirmed by the Pew Research Center. No doubt, courts and legislatures throughout the U.S. are doing their part to ensure that this trend continues, which is particularly true out west.

Since this past January 1, 2018, employers in the California have been required to comply with California Labor Code §432.3, which prohibits them from asking job applicants about their salary histories (a law directly aimed at the compensation divide between men and women). And last April, the Ninth Circuit Court of Appeals weighed in on the issue. (Read more)

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#MeToo: What Employers Need to Know About New Laws in New York State and City Concerning Workplace Sexual Harassment

The New York State Legislature and New York City Council have passed sweeping anti-sexual harassment laws expanding the landscape of employers’ existing obligations in addressing sexual harassment in the workplace. The laws follow on the heels of the #MeToo movement and are aimed at providing greater protection against sexual misconduct on the job. Here’s a rundown of the new mandates, with the deadlines for compliance: (Read More)

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The Payroll Audit Independent Determination (PAID) Program: Wage and Hour Amnesty for Employers

Attention employers: the Department of Labor has your back – at least on a six-month trial basis. The DOL has launched the Payroll Audit Independent Determination (PAID) program, a new nationwide initiative that seeks to facilitate the resolution of potential overtime and minimum wage violations under the Fair Labor Standards Act (FLSA). (Read More)