Recently, the EEOC has announced the approval of a revised EEO-1 report. In addition to the disclosures required currently, the Revised Report will require employers with 100 or more employees to provide compensation data and the number of hours worked by employees across 12 separate pay bands, categorized by gender, race and ethnicity.
Continue Reading EEOC Requires Disclosure of Pay Data in Revised EEO-1 Report

Recently, the federal government has highlighted the issue of religious discrimination and accommodation in the workplace. Given the diversity of most workplaces, especially retailers, employers should be particularly sensitive to the potential risks of religious discrimination and harassment claims, as well as its obligations to accommodate reasonable religious-based requests for workplace changes.
Continue Reading Government Raising Awareness Regarding Religious Discrimination in the Workplace

Jimmy John’s has settled with the Attorney General’s office after an investigation of the legality concerning the use of a non-compete clause barring departing employees from taking a job with any employer within two miles of a Jimmy John’s store that made more than 10 percent of its revenue.
Continue Reading Jimmy John’s Will Stop Using Non-Compete Agreements in New York

San Francisco’s Fair Scheduling and Treatment of Formula Retail Employees Ordinance was passed in 2014, and the trend to pass this type of legislation has expanded into several states. Will Seattle, Washington be the next municipality to propose a predictable scheduling ordinance for retailers?
Continue Reading Monitoring Predictable Scheduling Legislation: Is Seattle Next?

In the midst of the press and politics that surround the issue of bathroom policies and laws with respect to transgender employees, it is helpful to remember that government organizations have been issuing guidance to employers to assist them in dealing with these issues, especially in places where gender identity and expression constitute protected characteristics under anti-discrimination laws.
Continue Reading Employer Guidance in the Midst of Bathroom Politics

The Missouri Legislature is considering an amendment to the state’s constitution that would prohibit the state from imposing penalties on individuals who, due to sincere religious beliefs, refuse to participate in or provide goods and services for marriages or wedding ceremonies of same-sex couples. The “religious freedom” bill has been approved by the Missouri Senate and is currently pending before the House of Representatives. If the bill is passed, the proposed constitutional amendment will appear on the state’s ballot in November.
Continue Reading Religious Freedom Laws See Opposition from Business Community

On March 1, 2016, the United States Equal Employment Opportunity Commission sued employers for the first time for sexual orientation discrimination. The EEOC filed lawsuits in federal courts in Pittsburgh and Baltimore against manufacturing and health care employers for unlawful sex discrimination on behalf of employees alleging they were harassed and discriminated against based on their sexual orientation.
Continue Reading EEOC Brings First Sexual Orientation Discrimination Lawsuits

As reported on the Hunton Employment and Labor Law Blog, the United States Supreme Court has denied a restaurant manager’s petition seeking review of whether parties may stipulate to the dismissal with prejudice of a lawsuit alleging violations of the Fair Labor Standards Act (“FLSA”), or whether judicial or Department of Labor (“DOL”) approval is a prerequisite to such a dismissal, as the Second Circuit held in his case, Cheeks v. Freeport Pancake House, Inc. Having declined the petition for writ of certiorari, FLSA lawsuits will remain more difficult to resolve for employers in New York, Connecticut and Vermont.

Continue Reading Supreme Court Denies Review of Second Circuit Decision Compelling Court or DOL Approval of FLSA Settlements