Posts by Elizabeth Bowersox

Best practices for employers under the EEOC’s new strategic enforcement plan

The Equal Employment Opportunity Commission has announced its “Strategic Enforcement Plan” for years 2017 to 2021. The 2017 plan replaces the earlier version, issued in 2012, but is not a radical departure from the previous agenda. Employers hoping for a more employer-friendly EEOC under the new administration may be disappointed by the 2017 Strategic Enforcement…

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Court OK’s termination of diabetic employee for misconduct

A recent federal appeals court decision case upheld an employer’s termination of a diabetic employee for misconduct, despite the employee’s argument that her poor work performance was a result of low-blood sugar. Diabetic employee and performance issues Janna DeWitt worked as a customer service representative in a call center for Southwestern Bell Telephone Company. She…

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Tenth Circuit rules in favor of airline in discrimination case when employee’s mistake leads to his termination

The Tenth Circuit Court of Appeals recently ruled for Delta Airlines in an appeal by a former employee who claimed he was terminated because of racial and national origin discrimination. Airline fires employee after plane damaged Maahnchooh Ghogomu worked for Delta Airlines at the Tulsa International Airport. At the Tulsa International Airport, every Delta flight…

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OSHA issues new whistleblower investigations manual with aggressive new standard

Employers are familiar with the Occupational Safety and Health Administration’s (OSHA) enforcement of workplace safety standards, but OSHA also enforces the whistleblower provisions of 21 other federal laws in addition to the Occupational Safety and Health Act, including the Affordable Care Act, Clean Air Act, Sarbanes-Oxley, and Pipeline Safety Improvement Act. A whistleblower is an…

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Start planning now for new overtime rules expected July 2016

Employers should begin preparations for the likely announcement of new overtime regulations. The U.S. Department of Labor has announced that it anticipates publishing final versions of new overtime rules in July of 2016. The updated rules are expected to affect up to an estimated 4.6 million workers currently classified as exempt salaried employees. In July…

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Wage claims by unpaid interns heat up

School is out and temperatures are rising. For many employers, summertime means a new crop of student workers.  Summer internship programs are a time-honored tradition at many companies, providing educational benefits to the student interns and cheap labor for employers.  However, problems may arise when internships are unpaid, as a recent string of wage and…

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