Information and guidance on every phase of employment
Uber made headlines last week when Susan Fowler, a former engineer, claimed that she was harassed by her direct supervisor and her complaints were ignored by the human resources department. Uber took another hit a few days later when a recently-hired executive resigned amidst allegations that he had harassed employees at his former company.
How can you prevent your company from becoming the next media story?
Q. My company is based in Philadelphia. We often set salaries for new employees based on the applicant’s wage history. Are we still permitted to do this?
A. Effective May 23, 2017, a new Philadelphia Ordinance makes it unlawful for employers in Philadelphia to inquire about a prospective employee’s wage history or require disclosure of wage history as a condition of employment. The law was passed to encourage employers to base salary offers on the job responsibilities of the position sought, rather than on the applicant’s prior wages. Employers will no longer be able to rely on the wage history of a prospective employee when determining the wages of that individual, unless the individual knowingly and willingly disclosed his or her wage history to the employer.
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: I heard a lawsuit was filed challenging the implementation of the revised overtime regulations. Do I still need to take steps to comply with the revised rules by December 1?
A: Yes! While it is true that 21 states and more than 50 business groups have filed two lawsuits challenging the Department of Labor’s revised overtime regulations, the filing of these lawsuits did not stay the effective date of the rules. In the past few days, the House of Representatives passed a bill to delay implementation of the revisions by six months, and a similar bill was introduced in the Senate. However, it is unlikely that either bill will be signed into law, given the President’s opposition to it.
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.
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