It has long been thought that the Equal Pay Act (EPA) does not apply if the male and female employees being compared for purposes of establishing pay disparities spend significant amounts of time on different job duties, even when some duties overlap. However, the Tenth Circuit recently held that if a female employee performs additional, meaning different, […]
In Meyers v. Eastern Oklahoma County Technology Center, the Tenth Circuit Court of Appeals upheld judgment for the employer even though the plaintiff had engaged in legally protected activity because she disregarded her supervisor’s instructions. The facts Donna Meyers was the adult education coordinator for the EMT program at Eastern Oklahoma County Technology Center. The school […]
It’s one thing to know what the law requires and what actions should be taken to ensure legal compliance. But what if you miss out on a step or two? Can certain mistakes or failures to take action be swept under the rug, or are they likely to catch up to you in the form of a lawsuit, financial penalty, audit or formal investigation?
The new “ambush election” rules from the National Labor Relations Board (NLRB), which are scheduled to take effect April 14, were the subject of a disapproving resolution from the U.S. Senate this week. The Senate voted 53-46 to block the new election rules in S.J. Resolution 8. This resolution would block the new rules for […]
With audit season just around the corner, there’s no time for employer-sponsors of retirement plans to waste in making proper preparations. The Department of Labor knows what it’s looking for when it reviews the results of your independent audit or it conducts a follow-up investigation, but do you? Just as importantly, does your auditor?
Leave issues present some of the most challenging issues for employers. Just when you think you’ve got a grip on how the FMLA, ADA and state workers’ comp laws intersect from an employment law standpoint, complex health plan coverage issues come in to play to throw you another curve ball. And if your strike out on these issues, the penalties could be very costly.
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently announced proposed regulations updating its current regulations for federal government contractors and subcontractors regarding discrimination on the basis of sex. The proposed regulations are the first substantive update to the “Sex Discrimination Guidelines” adopted by the OFCCP in 1970. The OFCCP’s press […]
The Tenth Circuit Court of Appeals recently affirmed summary judgment on behalf of the employer in a case where the employee claimed that the requirement to be a Department of Transportation-certified driver was not an essential function of his position. David Hawkins was facilities supervisor for Schwan’s Home Service. His primary job duties were to […]