As many were planning their turkey dinners and slipping away for the long weekend, a Texas federal judge granted a nationwide preliminary injunction last Tuesday, blocking the implementation of a higher salary threshold for exempt status of white collar workers.
Aggregating Pay Data in the New Year: Time to Get Your House in Order
Q. I work for a company that employees more than 100 employees. I heard somewhere that we now have to include pay data and hours worked on our EEO-1 forms. Is that true?
A. Yes! Beginning with calendar year 2017, employers with 100 or more employees will be required to
Employer Planning Needed to Counter Zika and Influenza Viruses
Q. Are there any issues I should be concerned about with regard to the Zika virus and upcoming flu season?
A. Media attention about the Zika virus seems to have lessened now that temperatures in the Northeast have cooled. If your business requires employee travel to Zika-infected areas, however, there
Creepy Clowns and the Workplace
Q. My office likes to celebrate Halloween. With all the talk about “creepy clowns,” should I be worried that our celebration will get out of hand?
A. Creepy clowns are making national headlines as clown sightings spread throughout the country and on social media. Whether the clown prank turns more sinister remains to be seen. In the meantime, however, ‘tis the season of goblins and ghouls, and now is a good time to remind employees of some do’s and don’ts to maintain professional decorum while celebrating the Halloween holiday:
Background Checks in the Era of Ban the Box
Q: What does it mean to “ban-the-box,” and how does it affect our hiring process?
A: Ban-the-box legislation is quickly spreading throughout state and local jurisdictions. Even if your jurisdiction has not adopted such legislation yet, it is likely that it will do so in the not-so-distant future. Therefore, it is vital to understand both the rationale behind the legislation and how it will affect your organization’s hiring processes.
Testing for Marijuana: Working Through the Haze
Q: My company requires employees to submit to random drug tests. Will our drug testing policies “go up in smoke” as laws grow more lenient towards marijuana use?
A: That is a valid question considering that Pennsylvania became the 24th state to legalize the use of marijuana for medical purposes. In addition, several jurisdictions have legalized marijuana for recreational use. Importantly, however, marijuana use, distribution, and possession remains prohibited under federal law.
So what does this mean for employers?
Tolerating Tattoos in the Workplace
Q. We have several employees with tattoos on their necks and forearms. Can we require them to cover up?
A. Many employers have in place employee dress codes, in an effort to maintain a certain brand image, comply with health standards, and foster professionalism. As tattoos, body piercings and other forms of body art are trending in today’s culture, some employers have struggled with whether such displays are in keeping with the company’s image. To what extent can an employer place rules on an employee’s appearance at work without violating anti-discrimination laws?
New Rules on Sex Bias for Federal Contractors
Q. As a federal contractor, do I need to worry about complying with any special rules with respect to sex discrimination?
A. The Office of Federal Contract Compliance Programs (OFCCP) recently revised rules on sex discrimination, which took effect on August 15. The revised rules require covered employers to take
Is Obesity an ADA Disability?
Q: We have an employee who is unable to perform some of his essential job requirements because of physical limitations due to his weight. Do we need to provide him with an accommodation?
A: Given that almost one-third of the U.S. population is considered obese, many employers are struggling with whether to provide accommodations for employees whose weight prohibits them from performing all of their job functions. Whether obesity falls under the Americans with Disabilities Act is a hotly debated issue. Employers must juggle the cost and resources of providing accommodations with the desire to create a comfortable environment for all employees and avoid discrimination claims.
Equal Bathroom Access for All
Q. One of our employees complained that she is uncomfortable sharing the bathroom with an employee who is in transition. What are we required to do to provide a comfortable work environment for everyone?
Many employers are having discussions about equal employment opportunities for transgender employees and what steps are necessary to make the work environment comfortable for everyone.