Q: What does it mean to discriminate against someone based on their national origin?
A: Title VII prohibits employers from acting in a way that would have the purpose or effect or discriminating against an employee because of his or her national origin.
But what does the term “discrimination based on national origin” really mean?
Q. Are we required to pay holiday pay to employees who are on FMLA leave? Does the holiday extend an employee’s FMLA time off?
A. With the holidays fast approaching, these are timely questions! With respect to holiday pay, the FMLA regulations state that employers must follow their own established policies in place for other forms of leave. So, if the employer’s policy is that employees on any type of unpaid leave of absence are not eligible for holiday pay, then no holiday pay is required for employees on FMLA leave during the holiday week. On the other hand, if your company pays holiday pay to employees who are on vacation the week of the holiday, for example, and the employee is substituting vacation for unpaid leave, then the employer must pay holiday pay to the employee on FMLA leave. It is therefore critical that the employer’s policy clearly states whether and under what conditions holiday pay will be paid, including when an employee is on leave. If you do not have a policy, or your policy is not clear, now would be a good time to put an updated policy in place.
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.
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
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
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:
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.
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?
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?
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