Back in 2016, one of the first posts I wrote on this blog concerned whether the Fair Labor Standards Act (FLSA) applied to Native American tribes. My conclusion was that there was currently no clear answer in Minnesota. However, we were recently given a bit more clarity. On June 28, 2021, the federal District Court
Equal Pay Act
Eighth Circuit Dismisses Employee’s Retaliation Claim After Changing Jobs Within Same Employer
Many laws governing employment contain anti-retaliation prohibitions. Indeed, many claims, demands and lawsuits are accompanied by retaliation allegations. For example, the Minneapolis and St. Paul paid sick leave ordinances both make it unlawful for an employer to take adverse employment actions against an employee for requesting to use earned paid sick leave hours. The Equal…
Equal Pay Act – Equal Jobs Does Not Mean Equal Titles or Equal Classifications
The Equal Pay Act (EPA) requires that all individuals are paid equally for performing the same job, regardless of gender. But what does that mean exactly? When are jobs equal? On March 21, 2018, in Berghoff v Patterson Dental Holdings, the Honorable Judge Frank ruled that jobs of males and females “need not be…
EEOC: Parental & Bonding Leave Policies Should be the Same for Moms and Dads
In August 2017, the EEOC sued Estee Lauder Companies, Inc. based on a parental leave program that provided employees with paid leave to bond with a new child, as well as flexible return-to-work benefits. Mothers were given 6 additional weeks of paid bonding leave, while fathers were only given 2 weeks, and were not provided…
EEO-1 Reporting Requirement For Hours and Compensation Data Is Stayed!
HR Generalists tasked with the EEO-1 report can celebrate. On August 29, 2017, the White House’s Office of Management and Budget sent a memo to EEOC Acting Chair Victoria Lipnic, stating that it is reviewing the September 29, 2016 pay data collection revisions to the existing EEO-1, and while it does so, the pay data…
EEOC Issues New Resource Documents Related to Equal Pay & Pregnancy Discrimination
The EEOC issued new resource documents today in connection with its White House United State of Women Summit. The EEOC issued the following:
- Equal Pay and the EEOC’s Proposal to Collect Pay Data
- Legal Rights for Pregnant Workers under Federal Law
- Helping Patients Deal with Pregnancy-Related Conditions and Restrictions at Work
As with its earlier…