Does Your Parental Leave Policy Discriminate Against New Dads?

Although the vast majority of states, including North Carolina, do not require paid parental leave, some companies choose to offer it as part of their benefits package.  Of recent concern for those companies who do offer paid parental leave is whether their policy discriminates against male employees.  The Equal Employment Opportunity Commission (“EEOC”) and U.S. […]

District Court Judge Enjoins Overtime Final Rule

On November 22, 2016, Judge Amos L. Mazzant III, a federal district court judge for the Eastern District of Texas, issued a preliminary nationwide injunction that temporarily enjoins the U.S. Department of Labor from implementing and enforcing a Final Rule that would have increased the minimum salary level for exempt employees from $455 per week […]

Revised Form I-9

On November 14, 2016, U.S. Citizenship and Immigration Services published a revised Form I-9. The Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States. Employers must use the new form by January 22, 2017. The new form is intended to be easier to complete […]

Last Challenge to New FLSA Overtime Rule Before Implementation on December 1, 2016

On December 1, 2016, the Department of Labor’s overtime rule takes effect, increasing the minimum salary requirement for executive, administrative, and professional employees as exempt from overtime from $23,660 per year to $47,476 per year.  On September 20, 2016, 21 states (not including North Carolina) and over 50 business groups, including the U.S. Chamber of […]

Changes to EEO-1 Report

On September 29, 2016, the Equal Employment Opportunity Commission (EEOC) approved a revised Employer Information Report (EEO-1), which requires employers (and government contractors) with at least 100 employees to submit summary pay data and aggregate hours worked data. According to the EEOC, “the new data will improve investigations of possible pay discrimination, which remains a […]

EEOC Settles Lawsuit Alleging Sex Discrimination Based on Sexual Orientation

On June 28, 2016, the Equal Employment Opportunity Commission (“EEOC”) announced that Pallet Companies, doing business as IFCO Systems, will pay $202,200 to settle one of the EEOC’s first lawsuits alleging sex discrimination based on sexual orientation. In its complaint, EEOC alleged that a lesbian employee was harassed by her supervisor because of her sexual […]

EEOC Faces More Than $4 Million In Attorney’s Fees

Title VII of the Civil Rights Act of 1964 provides that “the court, in its discretion, may allow the prevailing party . . . a reasonable attorney’s fee.” A defendant must simply show that (1) it is a prevailing party and (2) the plaintiff’s claim was frivolous, unreasonable, or groundless. On May 19, 2016, the […]

Implications of the Defend Trade Secrets Act

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act, which creates a federal civil cause of action for trade secret misappropriation. Significantly, the Act provides limited whistleblower immunity to individuals for confidential disclosures to government officials “solely for the purpose of reporting or investigating a suspected violation of law.” Individuals […]

Final Rule: Overtime Regulations

On March 13, 2014, President Obama directed Secretary of Labor Thomas Perez to “modernize and streamline the existing overtime regulations” under the Fair Labor Standards Act (FLSA).   On May 18, 2016, the Department of Labor (the “Department”) published a final rule that will become effective on December 1, 2016. The final rule doubles the current […]

EEOC Proposes Rule to Collect Pay Data from Certain Employers

The EEOC has proposed a rule to revise its EEO-1 report to include pay data, in addition to other demographic data that is already collected in the report.  Currently, the EEO-1 requires employers to identify their employee numbers based on job category and race, ethnicity, and sex.  Under the proposed rule, most federal contractors and […]