Discrimination

Congress Weighing Comp Time In Lieu of OT

Under the Fair Labor Standards Act, when a non-exempt employee works more than 40 hours in a workweek, that employee gets paid overtime at time-and-a-half the regular rate of pay. Under the FLSA, a private-sector employer cannot provide that employee with comp time in lieu of overtime — even if the employee agrees….

European Court Clarifies Legality of Banning Islamic Headscarves in the Workplace

On March 14 the Court of Justice of the European Union (ECJ) issued a significant ruling clarifying when an employer may prohibit employees from wearing visible signs of their religious beliefs in the workplace. The ruling was issued to address two instances – one in Belgium and the other in France – in which…

Women May Be Better Leaders Than Men, So Why Aren’t There More?

This is first of two parts on gender diversity in leadership positions. Today’s article discusses the current lack of women leaders, the reasons why, as well as describing the benefits women leaders bring to an organization. Part two, offering solutions, will post tomorrow. ———— The most recent allegations of sexual harassment by management…

Contractor Blacklisting Rules Coming to a Permanent End

Less than six months ago, federal contractors were clutching their pearls over the prospect of having to publicly disclose violations under 14 federal workplace laws, to be eligible for a government contract. The following month, in October 2016, a federal judge iced those “blacklisting rules” with a nationwide injunction. Now, it appears as though President…

Dumpster Fire at Uber Highlights Pitfall of Forsaking HR in Favor of Recruiting

No one wants to be the Uber-of-whatever these days. Headlines alleging sexual harassment will do that, I guess. In case you’ve been living under a rock, you’re well aware of the mess over at ride-sharing service Uber. If not, Susan Fowler, a former site reliability engineer at the company, recently wrote about her “very, very…

If Uber’s Culture Is to Change, the CEO Must Go

If any part of the charges of sexual harassment and favoritism made by a former Uber engineer hold up, company CEO Travis Kalanick should go. The VCs who sit on the company board should do the right thing if he doesn’t, and fire him. The chaotic, sexist culture described in a blog post…

Why You Should Take All Harassment Complaints Seriously

When I conduct anti-harassment training for supervisors, one of the points I stress is that all complaints of harassment and discrimination — no matter how minor — must be taken seriously. Why? For a few reasons. By addressing harassment right away, it reduces the chances of repeat performances. That’s good for the employee. That’s also good…

White House Signals No Change In LGBTQ Order For Federal Contractors

The New York Times reported  President Trump will preserve intact President Obama’s LGBT order (Executive Order 13672) protecting applicants and employees from discrimination on the basis of sexual orientation and gender identity. As published by the Times, a White House statement provides: President Trump continues to be respectful and supportive of L.G.B.T.Q. rights, just…

Trump Appoints EEOC Acting Chair

Originally nominated by President Barack Obama to serve as an  EEOC Commissioner back in 2010, Victoria Lipnic has now been named by President Trump as Acting Chair. According to this EEOC press release, Acting Chair Lipnic’s prior experience includes service as Assistant Secretary of Labor for Employment Standards, which oversaw the Wage and…

Supreme Court Agrees to Decide On Employer Class Action Waivers

Picture a nerdier version of the Ultimate Fighting Championship, where persuasive legal briefs and sharp oral advocacy are like rear naked chokes and “ground and pound.” The fight card In one corner, we have the Federal Arbitration Act. Among other things, the FAA allows an employer and employee to agree that all employment-related claims…

Revelation! Unconscious Bias Hurts Your Hiring Results Across All Candidates

One of the primary reasons why increasing amounts of technology are entering the recruiting space is the recognition that recruiters and hiring managers harbor a great deal of unconscious bias, which has a negative impact on a firm’s recruiting results. I live in the Silicon Valley, where in an effort to increase diversity…

DOL Sues to Get Google Comp Info

Google is being sued by the U.S. Department of Labor for allegedly failing to turnover documents relating to compensation of employees at its Silicon Valley headquarters. The suit announced today charges that Google provided a September 1,  2015 “compensation snapshot,” but has refused to turnover other data the government wants, including job and…

Google Sued By OFCCP Over Comp Data

Google is being sued by the Department of Labor for allegedly failing to turnover documents relating to compensation of employees at its Silicon Valley headquarters. The suit announced today charges that Google provided a Sept. 1,  2015 “compensation snapshot,” but has refused to turnover other data the government wants, including job and salary…

U.S. Agencies Get New Rules About Disabilities

In the U.S., the government is out with new rules related to hiring people with disabilities, guidance that currently applies only to government agencies, not the private sector. The rules, among other things, require each federal agency to try to have 12 percent of its workforce be people with disabilities. While the new regulations…

What We Can Expect From the EEOC In 2017

In recent years, it has been difficult to predict with certainty what employers can expect from the Equal Employment Opportunity Commission (EEOC). While it is unlikely the agency will dramatically shift gears during the coming fiscal year, the following are some of the anticipated trends for fiscal year 2017. The EEOC will continue…

With the New Overtime Rule In Limbo, What Should You Do?

The Department of Labor’s (DOL) new overtime rule didn’t take effect on December 1 as many thought it would. Instead, it was temporarily blocked by a federal judge and subsequently appealed by the DOL. With the rule’s fate uncertain, employers find themselves asking, “Now what?” While some implemented salary changes and reclassified employees…