Important EEO-1 and I-9 Updates

Pay Data Requirement for EEO-1 Form Stayed
Earlier this week, the U.S. Office of Management and Budget (OMB) initiated an immediate stay of the Equal Employment Opportunity Commission’s revamped Employer Information Report, or EEO-1. As discussed here, an expanded EEO-1 was issued in September 2016, and required employers to submit information on employee pay and hours by job category, in addition to demographic information. The new EEO-1 requirement was to take effect beginning with the next EEO-1 date of March 31, 2018 (changed from previous September 30 submission deadlines.) Continue Reading

Reminder for Cook County and Chicago Employers: New Sick Leave Laws Become Effective July 1

On July 1, 2017, Chicago’s Paid Sick Leave Ordinance and Cook County’s Earned Sick Leave Ordinance go into effect, requiring employers to provide paid sick leave to covered employees. (A detailed description of each ordinance’s requirements may be found on our blog here and here.) In addition to providing paid sick leave, employers must provide notice to employees of their rights under the law. Continue Reading

Big Changes in the Big Apple: NYC Bans Salary History Questions and Imposes New Requirements for Independent Contractors

New York City made waves this month by imposing new requirements on independent contractor agreements and by passing a law that prohibits employers from asking about or considering an applicant’s prior salary. Although New York City is just the third jurisdiction to adopt a law prohibiting inquiries into an applicant’s salary history (Massachusetts and Philadelphia have already passed similar measures), employers everywhere should take note as it is widely anticipated that other local and state governments will follow suit. Continue Reading

Make the Days Count: New California Guidance on Workweek Schedules

Employers in California now have long-overdue clarity about when their employee schedules comply with California law.

The California Supreme Court last Monday handed down a unanimous opinion, Mendoza v. Nordstrom, Inc., that clarifies the meaning of California’s “day of rest” statutes. These statutes make it illegal for an employer to “cause” an employee to work “more than six days in seven,” unless “the total hours of employment do not exceed . . . six hours in any one day thereof.” Continue Reading

New Laws and Lessons for Employers After Trump’s First 100 Days (Podcast)

In this 20-minute podcast, Hank Sledz and Lauren Novak discuss Congress’ push to allow private companies to offer comp time in lieu of paying time-and-a-half for overtime under the Working Families Flexibility Act, how employer-friendly the National Labor Relations Board (NLRB) and Department of Labor will be under new leadership, and other important changes during the Trump Administration’s first 100 days that could hurt or help employers.

(Also, tune in to find out if Hank and Lauren’s labor and employment predictions about the new administration from last December were right.)

You can listen to the podcast here.

Seventh Circuit Breaks New Ground: Sexual Orientation Discrimination Prohibited by Title VII

In a landmark decision reflecting a potential turning of the tide for the LGBT community, the U.S. Court of Appeals for the Seventh Circuit has become the first federal appeals court in the nation to hold that discrimination on the basis of sexual orientation is a form of sex discrimination prohibited by Title VII. Hively v. Ivy Tech Community College of Indiana, No. 3:14-cv-1791 (7th Cir. April 4, 2017). Continue Reading

11th Circuit Joins Others in Holding Sexual Orientation Discrimination Not Covered by Title VII

Joining nearly all other federal circuit courts, the U.S. Court of Appeals for the Eleventh Circuit has held that Title VII does not cover discrimination based on sexual orientation. Evans v. Georgia Regional Hospital, 2017 WL 943925 (11th Cir. March 10, 2017). While closing the door on Title VII sexual orientation discrimination claims, the court re-affirmed that other theories of sex discrimination, such as gender non-conformity and same-sex discrimination, remain actionable. Continue Reading

EEOC Giving More Thought to Mental Health Conditions

The U.S. Equal Employment Opportunity (EEOC) this week issued a publication addressing the rights of employees and applicants with mental health conditions under the Americans with Disabilities Act (ADA). The publication, entitled “Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights,” can be found here. Continue Reading

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