Dorothy! Dorothy! It’s a data breach!

A federal judge in the District of Kansas has permitted a class action lawsuit to proceed against an employer accused of failing to take adequate safeguards to prevent a data breach allegedly exposing the personal information of approximately 2,000 employees.  The lead plaintiff alleges that the data breach resulted in the filing of a fake… Continue reading Dorothy! Dorothy! It’s a data breach!

EEOC Issues Guidance for Employees with HIV Infection

Yesterday, the EEOC issued two publications that address important issues for employees with HIV infection.  As the EEOC’s press release explains: “Living With HIV Infection: Your Legal Rights in the Workplace Under the ADA” – explains that applicants and employees are protected from employment discrimination and harassment based on HIV infection, and that individuals with… Continue reading EEOC Issues Guidance for Employees with HIV Infection

Reclassifying Exempt Employees for 2016

It is expected that the new DOL regulations increasing the minimum weekly salary for exempt administrative and executive employees will go into effect in January 2016. The proposed regulations will require employers to pay at least $970.00 per week to meet the salary basis test for the exemption (the duties test will also have to… Continue reading Reclassifying Exempt Employees for 2016

Prohibited Medical Inquiries – Again

Under the ADA, medical inquiries directed at existing employees are permitted when they are job related and consistent with business necessity.  As explained by the EEOC, a disability-related inquiry or medical examination may be job-related and consistent with business necessity when an employer has a reasonable belief, based on objective evidence, that: (1) an employee’s… Continue reading Prohibited Medical Inquiries – Again

EEOC Focus on Rastafarians

Earlier this month, we blogged about an EEOC case for religious discrimination involving a Rastafarian employee.  Earlier this week, the EEOC announced a settlement in that case, and brought another religious discrimination case on behalf of another Rastafarian employee.  Both cases involved failures to accommodate religious beliefs as manifested through employee’s dress/appearance.  In one case, the… Continue reading EEOC Focus on Rastafarians

Assignment of Employee Non-Compete Agreements in Oregon

The Oregon District Court recently addressed the question of when an acquiring company can enforce non-compete and non-solicitation agreements signed by employees of the purchased company.  The original employment agreements were silent with respect to assignment and employees were not asked to consent to assignment at the time of the acquisition.  Instead, ten months after… Continue reading Assignment of Employee Non-Compete Agreements in Oregon

Non-Disparagement Clauses in Settlement Agreements

When resolving employment-related claims brought by former employees, employers frequently seek to include a provision that prohibits the former employee from disparaging the employer. Non-disparagement provisions in settlement agreements can be enforceable.  However, because of the EEOC’s position that employees cannot be required to waive their rights to file a charge with the EEOC or… Continue reading Non-Disparagement Clauses in Settlement Agreements

Supreme Court to Hear Abercrombie & Fitch Religious Discrimination Case

Here is a summary of the issue to be considered by the Court from Whether an employer can be liable under Title VII of the Civil Rights Act of 1964 for refusing to hire an applicant or discharging an employee based on a “religious observance and practice” only if the employer has actual knowledge… Continue reading Supreme Court to Hear Abercrombie & Fitch Religious Discrimination Case