Employers Must Provide Info to Employees about Health Insurance Marketplace by October 1, 2013

Beginning on October 1, 2013, under the Patient Protection and Affordable Care Act (the ACA), covered employers are required to provide information to employees about health care coverage options available through a Health Insurance Marketplace.  As the attached Department of Labor Technical Release explains, employers who are covered by the Fair Labor Standards Act must… Continue reading Employers Must Provide Info to Employees about Health Insurance Marketplace by October 1, 2013

Make Certain to Draft Releases of Title VII Claims Carefully

Most employers understand that there are limits on the claims that employees can release in connection with resolving employment claims.  Under Title VII, employees cannot be required to give up their right to pursue administrative remedies with the EEOC, or promise not to communicate with the EEOC.   Accordingly, when drafting a release of claims, employers… Continue reading Make Certain to Draft Releases of Title VII Claims Carefully

Post-Partum Depression Can be Substantially Limiting under the ADA

We have posted in the past about employee leaves of absence as a reasonable accommodation.  In a recent EEOC settlement, the employer had refused to let an employee take leave for post-partum depression, despite a policy that provided leave.  The employer claimed that leave was not possible because having an employee in her position was critical… Continue reading Post-Partum Depression Can be Substantially Limiting under the ADA

Strip Clubs Are Not Immune from Title VII Liability

In fact, “gentlemen’s clubs” are just like conventional employers when it comes to the prohibitions on discrimination.  Such clubs cannot assign black female entertainers to less advantageous terms and conditions of employment any more than other employers can discriminate against employees with respect to work assignments and/or conditions.  http://eeoc.gov/eeoc/newsroom/release/7-8-13.cfm

DOL Improperly Changed its Mind on Exemption for Mortgage Brokers

When determining whether employees in particular jobs are exempt from overtime under the Fair Labor Standards Act (FLSA), many employers look to, and rely on, opinion letters issued by the Department of Labor.  Back in 2006, the DOL issued an opinion letter in which it determined that mortgage loan officers fell within the administrative exemption… Continue reading DOL Improperly Changed its Mind on Exemption for Mortgage Brokers

EEOC Is Carrying Out Strategic Enforcement Plan

We recently posted about the EEOC’s Strategic Enforcement Plan’s focus on “Eliminating Barriers in Recruitment and Hiring.” http://www.eeoc.gov/eeoc/plan/sep.cfm  As part of that plan, the EEOC has been bringing an increasing number of cases against employers who refuse to hire pregnant women.  Yesterday, the EEOC reported about another new case against an employer for refusing to… Continue reading EEOC Is Carrying Out Strategic Enforcement Plan

“Same Sex Domestic Partner” Coverage under the Oregon Family Leave Act

The U.S. Supreme Court’s decision to strike down portions of the Defense of Marriage Act will impact employers in many ways, in particular in the context of employee benefits (which we will post about shortly).  The Oregon Family Leave Act (“OFLA”) already permits eligible employees to take leave in connection with the serious health condition… Continue reading “Same Sex Domestic Partner” Coverage under the Oregon Family Leave Act