Bringing You More News Stories in a Shorter Format!
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Discrimination Lawsuits May be Getting Easier...(To File & Win)
My employer fires me. I am a woman. I am a Yankees fan (for purposes of this example). I had male coworkers who were also Yankees fans who were not fired. Believing my sex must be the distinguishing factor, I file a lawsuit alleging unlawful sex discrimination under Title VII of the Civil Rights Act of 1964. Do I have a valid claim?
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CDC Issues Workplace Violence Prevention Guidance |
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You might think, "CDC?! Wouldn't workplace violence prevention tips come from OSHA?" Yes, they would and they have. But it's a new world. Sadly, with all that COVID-19 has brought us, we can add increased threats of and actual workplace violence. Not from the disease itself, of course. But from uncivil, unkind, disrespectful customers who berate the employees who tell the customers to wear a face covering or follow some other, related protocol.
As a result, on September 1st the Centers for Disease Control (CDC) published new guidance entitled, "Limiting Workplace Violence Associated with COVID-19 Prevention Policies in Retail and Services Businesses." It provides tips and recommendations for steps employers may take to keep their employees safe.
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What's in a Name?
DOL Proposes Worker Classification Rule
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On September 25th the U.S. Department of Labor published a Notice of Proposed Rulemaking (NPRM) in the Federal Register. The rule proposes a new standard for classifying a worker as an independent contractor instead of an employee.
The concept is not new. Far from it. In July 2007, I had the honor of testifying on behalf of SHRM during a joint U.S. Congressional subcommittee hearing on worker misclassification. Now, fast forward more than a decade and the debates and litigation continue.
These proposed factors are not new. They have just been re-weighted, so-to-speak, and given greater consideration.
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Strike #2:
Judge Invalidates DOL's Joint Employer Rule
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Deja Vu? First, a New York judge ruled on August 3rd that four provisions of the U.S. Department of Labor's (DOL) FFCRA regulations were invalid.
Then, on September 8th another judge from the same court (hmmm) ruled that one of two provisions of the DOL's joint employer rule, the vertical joint employment rule, was invalid.
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Regulatory Whiplash: DOL Re-Issues FFCRA Regulations |
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In addition to the joint employer and independent contractor rules described above, last month's newsletter reported that a judge ruled on August 3rd that four provisions of the U.S. Department of Labor's Families First Coronavirus Response Act (FFCRA) regulations were invalid.
In response, on September 16th, the DOL issued revised regulations. The new regulations generally agree with the judge on two points and the DOL stuck to its original position on two others.
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EEOC Adds 20 New FAQ's to its COVID-19 Page |
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On September 8th, the U.S. EEOC published 20 new questions and answers addressing what employers may/not do related to COVID-19 testing, assessing, providing reasonable accommodation, maintaining confidentiality and more.
Can you ask employees if they have a family member who has tested positive for COVID-19 or has associated symptoms? Can you ask an employee who returns to work from traveling where the employee traveled?
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Upcoming Events...
Coming to a Laptop or Computer Near You!
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Wednesday, October 28th - "Happy Anniversary ADA! Trends, Tips & What's on the Horizon," FiveL Webcast, 10 - 11:15 a.m. ET
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Thursday, November 5th, "ADA News You Can Use: Trends, Tips & Updates," hosted by AICC, 2:00 - 3:00 ET
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Friday, November 6th, "Employee Where Art Thou? The Latest News in Managing Disability & Leave Issues," presented during CC SHRM's Fall Conference.
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Thursday, November 19th, "Wage & Hour Update: From WOW's to Woes" presented for HRASM.
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Wednesday, November 25th, "Employment Law Update 2020: The Year in Review," FiveL Webcast, 10 - 11:15 .a.m. ET
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Want more e-News?
See a full listing of news updates here.
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In its 2nd Edition!
A SHRMStore "Great 8" Best-Seller
8 Years in a Row!
Thank YOU!
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Upcoming & Recent Webcasts! |
FiveL Company's Upcoming Webcasts:
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Wednesday, October 28th, "Happy Anniversary ADA: Trends, Tips & What's on the Horizon," pre-approved by SHRM & HRCI for 1.25 credits.
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Wednesday, November 25th, "Employment Law Update 2020: The Year in Review," pre-approved by SHRM & HRCI for 1.25 credits.
FiveL Company's Recent Webcasts:
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"We're Not Getting Any Younger: Age Discrimination in Today's Workplace"
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FREE! "COVID-19 & FFCRA Updates for Employers: Round 3"
100% of attendees rated these programs "Excellent" or "Above Average"!
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This publication does not constitute the rendering of legal advice. You should consult your company's legal counsel for guidance on any matter. |
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