ALERT- New Sex Discrimination Prohibitions for Government Contractors, and a new FMLA Poster for Everyone

New DOL Regulations Prohibiting Sex Discrimination by Federal Contractors For the first time in forty years, earlier this month, the Department of Labor (DOL) published new regulations for federal contractors concerning sex discrimination intended to reflect the “reality of a modern and diverse workforce.” Effective August 15, 2016, these new regulations align the DOL’s sex… More

DC Transit Subsidy, DC proposes Paid Family/Medical Leave, and MD Paid Parental Leave

The latest from Shulman Rogers: Most D.C. Employees Entitled to Commuter Transit Subsidy Under New Law January 1, 2016 will bring about an important change for employers (non-profits included) based in the District of Columbia. By this date, businesses employing 20 employees or more must begin offering commuter benefit transportation subsidies to their employees. The… More

Can you rely on an employee’s FMLA submission? Not if you want to deny the FMLA leave!

This lesson was learned the hard way by the Lehigh Valley Health Network (“Lehigh”). Lehigh had an employee who submitted a medical certification requesting Family Medical Leave Act (FMLA) leave. The employer denied the leave because the certification did not identify a serious health condition. Shortly thereafter, the employee was fired for excessive absences. The… More

Musk Rebuffed for Being Brusque

Just in case you needed a reminder—managers and company-owners – your words carry weight! Elon Musk, founder and CEO of Tesla Motors, was recently accused of chastising an employee for missing a work event to attend the birth of his child. Musk denies the allegation and claims that he did not tell “a guy to… More

Jury Room becomes War Zone for AutoZone: Jury renders $185 Million Verdict Against Company for Pregnancy Discrimination

Last week, the jury in Juarez v. AutoZone Stores, Inc. (S.D. Cal. 2012), awarded a former employee $872,000.00 in compensatory damages and $185 million in punitive damages due to pregnancy discrimination she suffered at AutoZone. Plaintiff claimed that her supervisor told her he felt sorry for her when she told him she was pregnant. Soon… More

Top Seven Laws Every Employer Should Know*

1.  Title VII of the Civil Rights Act of 1964 (Title VII)- In brief, Title VII bars certain employers from discriminating against employees, former employees, or applicants for employment based on race, color, national origin, religion or sex (including gender and pregnancy). Title VII also prohibits harassment and retaliation based on the same protected characteristics…. More

Clear Communication May Limit FMLA and ADA Liability

When does open heart surgery not qualify for FMLA (Family Medical Leave Act) and ADA (Americans with Disabilities Act) protection?  As demonstrated by the recent case Ahmed v. The Salvation Army, perhaps when the employee repeatedly fails to submit proper paperwork.  The employee in this case told her Maryland-based employer she would need leave for… More

FMLA Does Not Mean Vacation On Demand

The federal Family Medical Leave Act (FMLA) entitles covered employees to unpaid leave to deal with certain family and medical illnesses.  As one employee learned the hard way, however, the law does not guarantee vacation on demand.  Hurley v. Kent of Naples, Inc., 2:10-cv-00334-JES (11th Cir. Mar. 20, 2014).  The employee suffered from depression, and… More