As discussed by Nicholas Casolaro in his blog post from August, the NH law which goes into effect January 1st relative to equal pay prevents employers from discriminating between employees on the basis of sex by paying employees of one sex
In a unanimous decision, the US Supreme Court once again addressed the issue of whether time the employer requires an employee to do something is compensable under the Fair Labor Standards Act. Integrity Staffing required its warehouse workers whose job it was to retrieve inventory and package it for shipment to undergo an antitheft security screening before leaving the warehouse each day. During the screening, employees removed items such as wallets, keys, and belts and passed through metal detectors. Employees filed suit for unpaid wages arguing that the time spent waiting for and being screened was compensable, in part because they were required by the employer to do so.
Continue Reading Integrity Staffing Solutions v. Busk, et. al: US Supreme Court Reverses Court of Appeals for the Ninth Circuit: Warehouse Workers’ Time spent in Post-Shift Security Screen Not Compensable
Domestic and sexual violence is now in the news almost every day, and New Hampshire has followed its neighboring state, Massachusetts, in enacting protective legislation. As of August 8, 2014 most Massachusetts employers became obligated to provide leave from work to victims of domestic violence to enable them to seek treatment, obtain restraining orders or
Yesterday, U.S. Attorney General Eric Holder issued a memo setting out the Obama Administration’s position that Title VII specifically prohibits discrimination based on transgender status or gender identity per se.
In the memo, Attorney General Holder pointed out that questions have arisen in a number of administrative and judicial contexts as to the appropriate legal standard applicable to claims of gender identity discrimination. While courts have recognized gender identity discrimination claims under a “sex-stereotyping” theory – discrimination based on a perceived failure to conform to particular gender characteristics – there is no consensus among courts as to whether discrimination based on gender identity or transgender status, per se, is illegal.
Continue Reading DOJ Now Interprets Title VII as Prohibiting Discrimination Based on Transgender Status
Employees’ rights to act together to address conditions at work are protected under the National Labor Relations Act. This protection applies equally to both union and non-union employees and extends to employees’ work-related conversations on social media. But, as many employers may wonder, how far does the protection of the Act reach? The NLRB’s decision in Richmond District Neighborhood Center and Ian Callaghan (Case 20-CA-091748, October 28, 2014) provides some guidance on it.Continue Reading “Egregious” Conduct on Social Media Not Protected by the NLRA