Author: Samantha Yurman, JD

On April 10, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) released detailed breakdowns for the 76,418 charges of workplace discrimination the agency received in fiscal year 2018. The comprehensive enforcement and litigation statistics for FY 2018, which ended September 30, 2018, are posted on the agency’s website, which also includes detailed breakdown of charges by…

On March 14, 2019, the U.S. Department of Labor (DOL) released a new opinion letter addressing whether an employer may delay designating Family and Leave Act (FMLA) leave or permit employees to expand their FMLA leave beyond the statutory 12-week entitlement by using paid leave before FMLA leave begins. According to the letter, “some employers…

Department of Labor Issues Notice of Proposed Rulemaking to Update Overtime Regulations On March 7, 2019, the U.S. Department of Labor (DOL) announced a proposed rule to update and revise Fair Labor Standards Act (FLSA) white collar exemptions by raising the salary level for an exemption from $455 per week ($23,660 annually) to $679 per…

On March 4, 2019, the U.S. District Court for the District of Columbia issued a ruling in National Women’s Law Center v. Office of Management and Budget (Civil Action No. 17-cv-2458) vacating: The Office of Management and Budget’s (OMB) stay of the Equal Employment Opportunity Commission’s (EEOC) revised EEO-1 form; and “Stay the Effectiveness of…

On February 26, 2019, California Senate Bill 778 was introduced to clear up confusion about when employers are required to provide employees with sexual harassment prevention training and education under the California Fair Employment and Housing Act (as amended by Senate Bill 1343) and when retraining is required. Read about S.B. 1343 in our blog….

Update: SCOTUS Decision On February 25, 2019, the Supreme Court of the United States (SCOTUS) vacated and remanded Rizo v. Yovino based on a legal technicality rather than the merits of the case. In Rizo v. Yovino, the Ninth Circuit Court of Appeals (see below) had held that under the federal Equal Pay Act (EPA)…

As we reported in October 2018, California Governor Jerry Brown signed Senate Bill 1343 modifying the California Fair Employment and Housing Act (FEHA) sexual harassment training requirements. We previously covered the requirements on our blog. Since that time, the California Department of Fair Employment and Housing (DFEH) has provided the following resources: Online Resources Page for Employers…

The midterms are over and my mail is no longer filled with HUGE political direct mail pieces that hide my favorite magazines and my 20-percent-off-one-item coupons to a store that has EVERYTHING anyone could possibly need. Anyhow, yesterday was a busy day at ThinkHR as we analyzed the ballot measures, notifying our customers same-day about…

California legislators sent a total of 1,217 bills to California Governor Jerry Brown for the 2017-2018 regular legislative session. He signed 1,016, vetoed 201, and 183 of them he reviewed the weekend just before his September 30, 2018, signature deadline. (In case you are wondering, that’s a lot of bills for one year; more than…

Both New York State and New York City have enacted laws related to sexual harassment prevention, with different provisions for employee communication and training along with various dates for compliance. The first New York City provisions went into place September 6 and further elements of state and city acts will be rolling out over the…