A former flight attendant recently filed a lawsuit against Delta Air Lines for discrimination and retaliation. George Kaaihue alleges that Delta forced him to retire or be terminated after he complained to a supervisor about co-workers and managers referring to him as a member of the “Asian Mafia,” “Chinese Mafia,” and “Korean Mafia.” Kaaihue is seeking damages in the form of back pay plus interest, reinstatement to Read More

The U.S. Department of Labor (DOL) issued a Field Assistance Bulletin (FAB 2023-1) to clarify when the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA) apply to remote workers. At the same time, DOL issued Opinion Letter 2023-1-A stating that eligible employees with serious health conditions may indefinitely use available FMLA leave if they need to work reduced schedules. FLSA as Applied Read More

The timeline for submitting EEO-1 data to the U.S. Equal Employment Opportunity Commission (EEOC) has changed. The starting points and deadlines for data submission have varied in recent years; the EEOC recently confirmed that the submission of 2022 data will begin in mid-July. All private employers with 100 or more employees and all federal contractors with 50 or more employees must file EEO-1 reports each year, Read More

While human resource professionals know the importance of following workplace anti-discrimination laws, they also must ensure that employees who report discrimination do not face retaliation for having done so. The reason for this is simple:  The most common type of claim filed with the U.S. Equal Employment Opportunity Commission (EEOC) is retaliation. More than half the charges filed with the EEOC in fiscal year Read More

In his State of the Union address, President Joe Biden highlighted the more than three hundred bipartisan bills he has signed into law since becoming president. He also emphasized the need to continue with important bipartisan legislation, including laws enacting paid family and medical leave, immigration reform, police reform, and ending non-compete agreements. Biden’s State of the Union follows his February 2nd Read More

President Joe Biden recently held a press conference celebrating the 30th anniversary of the Family and Medical Leave Act (FMLA), which provides up to 12 weeks of unpaid leave for certain workers without losing their jobs or health care benefits. As part of that press conference, Biden called for expanding that legislation through a national program of paid family and medical leave for employees, which he laid out in Read More

The U.S. Court of Appeals for the Second Circuit upheld an August 2020 grant of partial summary judgment in favor of ex-workers in a class action suit against Colgate-Palmolive. The former workers claimed that the company paid them lower benefits than they were entitled to when they received lump-sum retirement payouts. The three-judge panel of the Second Circuit agreed that the provisions of Colgate’s retirement Read More

The U.S. Equal Employment Opportunity Commission (EEOC) recently held a public hearing discussing the pros and cons of using artificial intelligence (AI) in employment decisions. During the hearing, it solicited recommendations from workplace professionals about ensuring that AI does not discriminate against job applicants. Employers increasingly use automation or AI tools to support HR-related functions and Read More

The Federal Trade Commission has issued a proposed regulation that generally would prohibit the use of noncompete agreements between employers and employees in all 50 states. Although the proposal's reasoning may be sound, federal legislation may be a better way to achieve the same goal, particularly if the proposed regulation fails to withstand judicial scrutiny. The Pros and Cons of Noncompete Read More

The U.S. Equal Employment Opportunity Commission (EEOC) released its proposed Strategic Enforcement Plan for fiscal years 2023 - 2027 and is working to finalize that plan based on comments it has received from employers. Among the EEOC’s priorities in 2023 are sexual harassment, pay discrimination, and artificial intelligence. Sexual Harassment The EEOC plans to issue updated guidance for employers concerning Read More