Posts from November 2015.

UPDATE (Dec. 7, 2015): The EEOC has extended the comment period on its proposed GINA-wellness rule by 30 days. The new comment deadline is January 28, 2016.

Earlier this month, I had a relatively short post on the proposed rule on wellness incentives and the Genetic Information Nondiscrimination Act issued by the Equal Employment OpportunityThanksgiving Card Cornucopia.flickrCC.Dave Commission. I also promised a more ...

Turkey.Female.flickrCC.AndreaWestmoreland
"I can't think of anything to be thankful about."

Well, it's that time of year again - what are you thankful for? Here are some Human Resources and employment law matters for which I am thankful. Please feel free to add your own in the comments.

I'm thankful that I'm not Trey Gowdy. The Republican Congressman from South Carolina and chair of the House Benghazi Committee is not ...

Thanks so much to all of you who elected Employment & Labor Insider to the ABA Blawg 100 for another year. We appreciate you more than you know.image

I would also like to thank my colleagues who contributed posts this year and helped get us where we are today: Cara Crotty, Tommy Eden, Ellen Kearns, Marcia McShane,  David Phippen, and David Smith.

Congratulations also to fellow employment blog ...

Last week, we talked about 20 things an employer should ask itself before terminating an employee. In the interests of fairness, here are 10 things that an employee should ask before suing an employer. You should know that I generally don't believe that lawsuits are the best way to resolve problems. (I realize that there are exceptions.)

BEFORE YOU GO ON, PLEASE READ THIS!!!! I ...

Bloomberg BNA reports that the Equal Employment Opportunity Commission had a good year in FY 2015, which ended September 30. The agency collected more than $526 million in relief in all types of cases, involving federal as well as private-sector employees. If you have the ambition to read all 106 pages of the agency's report, please be my guest.

For the rest of us, here are some ...

NOTE FROM ROBIN: This is the third and final installment of David Smith's series on the latest developments from the Occupational Safety and Health Administration. (But we hope he'll be back soon!)

David Smith
David Smith

In August, OSHA issued a revised version of its 2006 Directive on the Agency’s National Emphasis Program on Amputations that includes an updated list of 80 industries ...

NOTE FROM ROBIN: This post is by Ellen Kearns, head of our Boston Office and co-chair of our Wage and Hour Practice Group.

Ellen Kearns
Ellen Kearns

You have probably heard by now that Patricia Smith, Solicitor of Labor, announced at the annual labor and employment conference of the American Bar Association that a final rule on the white-collar exemptions to the overtime regulations will not be issued ...

I just learned today that earlier this week, Jacqueline Berrien, the first Chair of the Equal EmploymentJacqueline_Berrien.JPG Opportunity Commission appointed by President Obama, died of cancer at the age of 53.

Ms. Berrien stepped down from the EEOC in 2014. The agency's current Chair is Jenny Yang.

I did not always agree with Ms. Berrien, and I've given her what I hope she took as some good-natured ...

So you think you're ready to terminate an employee. Are you really?

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"Uh-oh."

Here are 20 questions that every employer should ask itself before going ahead with a termination. If you think I've missed anything, please feel free to add your own in the comments.

GETTING STARTED

No. 1. Is the employee covered by a collective bargaining agreement? If so, make sure that whatever you do is ...

Yesterday the U.S. Department of Labor began enforcement of its Home-Care Rule, which prohibits third-party employers from taking advantage of the overtime exemption for some domestic workers. The rule also narrows the definition of exempt "companionship services" under the Fair Labor Standards Act.

Ellen Kearns, co-chair of our firm's Wage and Hour Practice Group, and I ...

NOTE FROM ROBIN: This is the second in a series by David Smith of our Occupational Safety and Health Practice Group on some of the latest developments from the agency. 

David Smith
David Smith

Last week, I posted about OSHA's expected final rule on a public database of workplace injuries and illnesses. While that expected rule would require employers to submit their injury and illness records to ...

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North Carolina Vietnam Veterans Memorial in Raleigh. (Photo from flickr, Creative Commons license, by Gerry Dincher.)

 

Today is supposedly "Love Your Lawyer Day," and you are encouraged to wish us a happy day, thank us for being so awesome, or even send us "a gift, flowers, or a card."

You also shouldn't tell lawyer jokes. (Unless they are really funny.)

I'm not wild about holidays that are manufactured by marketers, and this is reportedly the invention of a lawyer-marketer, sanctioned by the American Bar ...

Last week, the Equal Employment Opportunity Commission issued a proposed rule on employer wellness programs and the Genetic Information Nondiscrimination Act. In April, the EEOC issued a proposed rule on employer wellness programs and the Americans with Disabilities Act.

Health.Piggybank.flickrCC.GotCreditHere are six quick takes on the GINA proposal.

No. 1. It's all about the spouse. The GINA proposal focuses ...

Wednesday night the Los Angeles jury hearing the age and disability discrimination case of former sports columnist T.J. Simers came back with a verdict in his favor of $7.1 million, consisting of retro and future lost income, and retro and future pain and suffering. (The jury did not award punitive damages.)

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Twitter reacts to T.J. Simers verdict.

A spokesperson for the Los Angeles ...

As I always say, "What do I know?"

Based on the information I had, I felt that this should have been a summary judgment case forCracker Jack.flickrCC.MikeMozart the Los Angeles Times. But the jury in Los Angeles did not agree. Law360 (and some of our readers - thank you!) reports that the jury came back with a verdict for former sports columnist T.J. Simers in his age and disability discrimination case of $7.2 million. Mr ...

David Smith
David Smith

NOTE FROM ROBIN: I am delighted that David Smith will be posting here as a guest for the next few weeks. David is a partner in our Atlanta office and member of our firm's Occupational Safety and Health practice group. He'll be catching us up on the latest from OSHA.

A draft final rule on electronic tracking of employers’ injury and illness records has been sent to the White ...

Robin Shea has more than 20 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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