The Occupational Safety and Health Administration (OSHA) announced new guidelines on June 1, 2015, for restroom access for transgender workers. The guidelines, which are not official standards or regulations, set out OSHA’s best practices for employers with transgender employees. These best practices include having written policies to ensure that all employees—regardless of gender—have prompt access to appropriate sanitary facilities that correspond with the employee’s gender identity.
OFCCP has changed its approach to compensation discrimination
On August 24, 2018, the Office of Federal Contract Compliance Programs (OFCCP) changed its approach to investigating compensation discrimination. The OFCCP issued Directive 2018-05 entitled “Analysis of Contractor Compensation Practices During a Comp
FMLA certification questions cause major headaches
In a case decided just last month, a federal court in Alabama illustrated the potential risk of making a fairly simple mistake under the Family Medical Leave Act (FMLA). Summary of facts The plaintiff-employee was hired as a full-time materials handl
OFCCP has sent out 1,000 advance audit notices to federal contractors
On February 1, 2018, the Office of Federal Contract Compliance Programs (OFCCP) of the U.S. Department of Labor (DOL) sent out 1,000 corporate scheduling announcement letters (CSALs). These letters notify a contractor that it will be audited for comp
Drug testing and the ADA
Drug testing is a tool commonly used by employers to ensure employees are not illegally using controlled substances at the workplace. But that tool does not come without legal risk. A recent decision by the U.S. Eleventh Circuit Court of Appeals brin
Failure to train managers about the FMLA can lead to hefty verdicts against employers
It’s no secret that training managers about the Family and Medical Leave Act (FMLA) can appear to be expensive for employers. But what happens when managers haven’t received enough training on the FMLA? A recent decision by a U.S. District Court in M
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May
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A recent Presidential memorandum and a recent U.S. Supreme Court decision are likely to make a big difference in whether employers have to pay overtime to some managerial, administrative, or professional employees.
May
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To assist employers in complying with the Family Medical Leave Act (FMLA), the Wage and Hour Division (WHD) of the U.S. Department of Labor has issued some model forms for use in the medical certification process. Using these forms is a great way for an employer to ensure compliance with the FMLA. These forms have recently been updated because of some changes to the FMLA. The new forms are available here:
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Employee wellness programs may be caught between the rock of the Americans With Disabilities Act (ADA) and hard place of the Health Insurance Portability and Accountability Act (HIPAA), as amended by the Affordable Care Act (ACA).
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The Equal Employment Opportunity Commission (EEOC) continued its proactive stance towards transgender employees in a ruling released early last month. In its April 1, 2015, decision, the EEOC determined that a transgender civilian employee at Redstone Arsenal had experienced discrimination when she was restricted from using a common women’s restroom. This case highlights the EEOC’s aggressive policy of eliminating discrimination on the basis of sex and gender identity under Title VII of the Civil Rights Act of 1964.