In a Surprise 6-3 Decision, the Supreme Court Rules That LGBTQ Employees Are Protected Against Workplace Discrimination

For those who were expecting it, as well as for those who were not, and have been surprised, the United States Supreme Court has delivered a thunderbolt decision protecting for the first time ever employees’ workplace rights against discrimination on the basis of their sexual identity or orientation. In an expansive, activist interpretation of the…

EEOC Adds ‘Return To Work’ Section To Coronavirus Guidance

The U.S. Equal Employment Opportunity Commission has again revamped its guidance for employers dealing with the COVID-19 pandemic, expanding on advice for disability accommodation requests and harassment while also adding a section on employees going back to work. See “Pandemic Preparedness in the Workplace and the Americans with Disabilities Act” at: https://www.eeoc.gov/facts/pandemic_flu.html

EEOC ISSUES UPDATED COVID-19 TECHNICAL ASSISTANCE PUBLICATION FOR EMPLOYERS

The U.S. Equal Employment Opportunity Commission (EEOC) has posted an updated and expanded technical assistance publication addressing workplace questions arising under the Federal Equal Employment Opportunity Laws related to the COVID-19 pandemic. The publication, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” expands on a previous publication…

Private Employers Face new Paid Leave Obligations due to Coronavirus

The U.S. Senate approved the “Families First Coronavirus Response Act” by a 90-8 vote on March 18, and President Donald Trump signed it into law a few hours later. The bill provides free virus screening as well as paid FMLA and sick leave and enhanced unemployment insurance benefits for people affected by COVID-19. As passed,…

EEOC Releases Fiscal Year 2019 Statistical Report

The U.S. Equal Employment Opportunity Commission (EEOC) has released detailed breakdowns for the 72,675 charges of workplace discrimination that the agency received in fiscal year 2019, down slightly from the 76,418 filed in 2018. Back in 2010 the agency received almost 100,000 charges. The data show that retaliation continued to be the most frequently filed…

U.S. Union Membership Continues Downward Slide, with Small Uptick in Florida

In 2019, the percent of wage and salary workers who were members of unions in the United States was 10.3 percent—almost half the 20.3 percent rate in 1983—the Bureau of Labor Statistics reports. The number of wage and salary workers belonging to unions was 14.6 million in 2019, falling by 170,000 from 2018. Over half…

Florida State Minimum Wage Now $8.56 an Hour

The Florida state minimum wage has now increased from $8.46 to $8.56 an hour, according to the Florida Department of Economic Opportunity. The wage for servers also has increased by 10 cents, from $5.46 to $5.56. The federal minimum wage remains at $7.25 per hour, but Florida private employers must pay the higher state wage…

Fluctuating Work Week Overtime Rule Change Proposed by DOL

Employers could offer bonuses and other incentive-based compensation to employees with a fluctuating work week under a rule proposed by the U.S. Department of Labor’s Wage and Hour Division (WHD) on November 4, 2019. The proposal modifies the current regulation which computes overtime compensation for salaried non-exempt employees who work varying weekly hours—known as a…

Another 1.2 Million Workers to be Eligible for Overtime Pay Under New Dept. of Labor Rules

After five years of debate and litigation, the United States Department of Labor has finally announced its new overtime rules, and an estimated 1.2-million workers are expected to become eligible for overtime pay who do not qualify under present rules. The new overtime exemption rule published on September 24 sets a new annual salary threshold…

New Digest of Equal Employment Opportunity Law Issued by EEOC

The U.S. Equal Employment Opportunity Commission (EEOC) has published online the newest edition of its federal sector Digest of Equal Employment Opportunity Law (EEO Digest), which is now available on the EEOC’s website at https://www.eeoc.gov/federal/digest/vol_2fy19.cfm. The issue is dated Fiscal Year 2019, Volume 2, April 2019. “It is important for our stakeholders to know what…