Monday, February 2, 2015

That is SO last week

Last week there were two reminders of the importance of periodic policy reviews. First, the OFCCP announced that it would revise its guidelines on sex discrimination.  Calling the 40-year-old guidelines “woefully out of date,” OFCCP Director Patricia Shui explained that the guidance needed to be brought up-to-date to reflect the modern workplace. Second, the Sixth Circuit Court of Appeals held, in an interference with benefits and retaliation case, that an employer’s poorly-drafted FMLA policy could cover an employee even if the FMLA itself did not require coverage.  The policy at issue –which was intended to follow the FMLA’s language – left out the requirement that eligible employees work at a facility with 50 or more employees within a 75-mile radius.  The employee bringing the case met the two other requirements set out in the policy, and so was allowed by the Sixth Circuit to avoid summary judgment and take his case to trial.

In other developments:

Discrimination
  • The EEOC initiated a lawsuit against Ruby Tuesday for posting a females-only job announcement
  • Corporate Counsel discussed the Association of Corporate Counsel’s discovery of pay disparity among general counsel
  • Robin Shea reminded employers to give truthful reasons for terminations and not fall into the reduction-in-force trap. 
  • The EEOC is trying to figure out ways to collect private employer compensation data.
Technology
  • A Swedish company has offered microchip implants to employees instead of name badges.
  • Government workers in South Carolina are now banned from using social media at work.
  • The NLRB upheld the terminations of two employees for insubordinate social media posts.
  • A new SailPoint survey found that 1 in 7 employees will sell their company password for $150.
  • Recruiting Blogs covered why big data could be recruiting's best friend.
  • Corporate Counsel also offered tips on reviewing employee testing software and services. 
Wage and Hour
  • Uber and Lyft drivers initiated suits alleging they were improperly classified as independent contractors. 
Other
  • Inside Counsel offered tips to draft agreements that could avoid joint employer liability.
  • EmployeeScreenIQ recapped the Fair Credit Reporting Act class actions from around the country, including the latest filed against Pizza Hut.

Posted by: Kate Bischoff 

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