EEOC Redefines Retaliation: A Caution to Employers

For the first time since 1998, the EEOC released proposed guidance regarding workplace retaliation that would supersede the EEOC Compliance Manual, Volume II, Section 8: Retaliation. The guidance is intended to educate the public on how the EEOC approaches charges, determinations, and litigation considerations involving the most frequently alleged EEOC violation - retaliation. However, the guidance, which was published for public opinion on January 21, 2016, does not simply apply and explain current law. Rather, it essentially redefines retaliation and leaves open the door for increased retaliation lawsuits and unfavorable decisions for employers. [More]

Update on the FLSA Exemption Regulations

It has been reported that on February 17, 2016, U.S. Solicitor of Labor, Patricia Smith, announced at an American Bar Association conference that the white-collar exemption regulations will be published in July 2016, with an effective date 60 days after publication. When the U.S. Department of Labor last revised the exemptions, which was in 2004, the regulations became effective 120 days after publication. [More]

EEO-1 Wage Reporting: The EEOC's Next Employer Burden

On February 1, 2016, as employers wrapped up employee W-2s for the year, the U.S. Equal Employment Opportunity Commission (EEOC) published proposed additions to EEO-1 data reporting for employers. In a joint effort with the Department of Labor and Office of Federal Contract Compliance Program (OFCCP), the EEOC seeks to gather employee wage data to assist with prevention of pay discrimination and enforcement of anti-discrimination laws. According to the EEOC, the proposal is based on its work with the President's National Equal Pay Task Force and recommendations from various studies, including a National Academy of Sciences report, an EEOC Pilot Study, and work groups. [More]

U.S. Department of Labor Issues Guidance on Joint Employers - New interpretations could mean more employers found liable for FLSA violations

On January 20, 2016, the U.S. Department of Labor's Wage and Hour Division ("WHD") issued guidance for businesses where two or more separate entities each have relationships with the same workers. The guidance addresses when businesses will be considered to be joint employers and, therefore, may be jointly liable for violations of the Fair Labor Standards Act ("FLSA") which governs employer pay practices. The guidance also impacts the calculation of overtime because time worked for separate entities may be added together in order to determine the amount of hours an employee works each week, thus giving rise to potential overtime claims. [More]

Ohio Supreme Court Clarifies that Taxing Authorities Must Pass Two Pieces of Legislation in Order to Place a Statutory Levy on the Ballot

On January 26, 2016, the Ohio Supreme Court decided State ex rel. Cornerstone Developers, Ltd. v. Greene Cty. Bd. of Elections, Slip Opinion No. 2016-Ohio-313. In the case, the Court ordered the Greene County Board of Elections to remove a tax levy from the March 2016 ballot because the Sugarcreek Township Board of Trustees failed to follow the statutory procedure for placing the question of a tax levy on the ballot. [More]

Ohio Supreme Court Clarifies that Taxing Authorities Must Pass Two Pieces of Legislation in Order to Place a Statutory Levy on the Ballot

On January 26, 2016, the Ohio Supreme Court decided State ex rel. Cornerstone Developers, Ltd. v. Greene Cty. Bd. of Elections, Slip Opinion No. 2016-Ohio-313. In the case, the Court ordered the Greene County Board of Elections to remove a tax levy from the March 2016 ballot because the Sugarcreek Township Board of Trustees failed to follow the statutory procedure for placing the question of a tax levy on the ballot. [More]