Bringing You More News Stories in a Shorter Format!
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As Alabama becomes the 49th state to enact an
equal pay law
, the 4th U.S. Circuit Court of Appeals (covering MD, VA, WV, NC & SC) recently clarified the standard for assessing equal work under the federal Equal Pay Act (EPA). In this
recent case
, a professor claimed she was paid less than two male professors who performed equal work. She described the work that professors at the college
generally
perform. The court did not buy it. The court required her to show that the work she performed was equal to the work performed by the two professors against whom she compared herself, not all professors in general.
Why
? The court explained that the EPA requires that equal work involve "virtually identical work, skill, effort and responsibility." "Similarity of work is not enough."
Click below for four (4) proactive tips!
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Protection for the Obese & Vertically Challenged?
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This
article
about weight and discrimination caught my eye. I became more intrigued when I read Massachusetts lawmakers are considering
a bill
to add height and weight to the state's anti-discrimination protections. It appears this is similar to
prior legislation
and at least the third time since 2013. Then I saw this
recent case
from the 7th U.S. Circuit Court of Appeals (covering IL, IN, WI). The court affirmed the lower court's ruling against the Plaintiff (bus driver), holding his obesity was not a disability under the Americans with Disabilities Act (ADA).Thus, when the employer fired him for failing a driving test, due to his obesity, it did not violate the ADA.
Why
? This court looked to three of its sister courts (2nd, 6th and 8th Circuits) and found they held that "obesity is an ADA impairment
only
if it is the result of an underlying 'physiological disorder or condition'." The former employee provided no evidence that his "extreme obesity" was the result of any such disorder or condition.
What were some proactive practices this employer offered that may have swayed the court?
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New Overtime Rule Faces Landmark Legislative Challenge
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If Congress doesn't like a Supreme Court decision, they can pass a new law. If they don't like a federal regulation, they can do the same. Since the Fair Labor Standards Act (FLSA) was enacted in 1938, the minimum salary requirement to classify an employee as exempt has always been assigned to the Department of Labor (DOL) through the regulatory process. The DOL's pending overtime rule proposes to increase the current minimum salary level of $455/week ($23,660/year) to $679 ($35,308/year). Some in Congress believe the proposed increase is inadequate.
So, on June 11th the House and Senate filed the "Restoring Overtime Pay Act of 2019," proposing to
reportedly
increase the minimum salary to nearly $980/week ($51,000). As of this writing, the bills are not yet published by the Library of Congress but watch
S. 1786
and
H.R. 3197
.
Will we see the overtime rule reformed through the regulatory or legislative process?
Stay tuned as the debate continues!
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Beware Free Labor AKA Volunteers
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People want to volunteer their time to a variety of organizations for myriad reasons: humanitarian, religious or charitable. Sometimes, they just to stay active and engaged without the pressure of meeting the demands of being an employee. But employers beware, particularly those in the private sector. Despite best intentions by all, the U.S. Department of Labor and courts have a healthy skepticism when it comes to private sector employers accepting this free labor. Case in point: On June 7th, the U.S. Court of Appeals for the DC circuit
held
an employer improperly classified a group of individuals as volunteers instead of employees.
Why
? The court found the volunteers had a reasonable expectation of in-kind compensation. In exchange for volunteering to work at the shop, the volunteers were able to shop before the general public. The court also considered the degree of control exercised by the would-be employer and the extent to which the workers’ services were integral to the business and found those indicated employee, rather than volunteer, status.
Tips
: From volunteers to independent contractors to unpaid interns, the proper classification of workers other than employees is critical to avoiding legal liability. If you missed FiveL Company's May webcast, "
Are You My Employer?
..."
click here
to register and view the archived version ($25 pp and qualifies for 1.25 HRCI & SHRM credits).
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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 Events, Seminars & Presentations
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- Wednesday, July 24th, "Workplace Retaliation: #1 Times 9" FiveL webcast. 10:00 -11:15 a.m. EDT
- Wednesday, August 21st, "Marijuana in the Workplace & Substance Testing," presented at the AICC Southeast Region Summit, Jacksonville, FL
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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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