Friday, December 2, 2016

EEOC Issues Enforcement Guidance for National Origin Discrimination

Not official use. 
So, the EEOC thought that between Thanksgiving and the DOL overtime regs injunction that they could sneak one by me. Nice try! Last week the EEOC issued new enforcement guidance on national origin discrimination. This will replace the old 2002 version. The EEOC also released a question-and-answer publication and a small business fact sheet.

I'm not gonna lie... I haven't read them yet. I'll get around to it soon though and pass along any groundbreaking insight.

Thursday, December 1, 2016

Today is the day that the new overti... hold up

Not official use. 
December 1, 2016 is finally here. The day that the new overtime regulations take effect according to the final rule. But wait! A nationwide injunction has put the rule on hold. I cranked out a whitepaper to address the topic: New Department of Labor Overtime Regulations Put on Hold.

[And, yes, you should have read the "hold up" in Nate Dogg's voice].

Wednesday, November 30, 2016

Unemployment Compensation - Procedure (VIDEO)

I have another UC video post lined up for today (last one in the series, for now). This video covers Unemployment Compensation procedure in Pennsylvania, with an emphasis on the Referee hearing, which is (in my humble opinion) the most important part of the process.

Unemployment Compensation Procedure (Pennsylvania) from Philip Miles on Vimeo.

Tuesday, November 29, 2016

Unemployment Compensation - Continuing Eligibility (VIDEO)

Another UC video! This one addresses the requirements for maintaining eligibility for Unemployment Compensation benefits after already being found initially eligible. It includes the claimant's obligations to be "able and available" for work and to accept "suitable employment." Enjoy!

Unemployment Compensation - Continuing Eligibility from Philip Miles on Vimeo.

Sunday, November 27, 2016

Unemployment Compensation - Introduction and Initial Eligibility (VIDEO)

I recorded a few short videos on Unemployment Compensation for the undergraduate employment law course I teach at Penn State. Here's the first one. It's an introduction to UC and initial eligibility. It includes the concepts of "willful misconduct" and "necessitous and compelling" reasons for quitting. Enjoy!

Unemployment Compensation - Intro and Initial Eligibility from Philip Miles on Vimeo.

Tuesday, November 22, 2016

BREAKING: DOL Overtime Regs Enjoined Nationwide!

Not official use.
A Texas federal court has concluded that the DOL's new overtime regulation (effectively doubling the minimum salary requirement for the white collar exemptions) is unlawful and has issued a nationwide injunction. Yes, you read that right... the court is blocking implementation of the new rule nationwide.

You can read the opinion here:

The gist of the decision:
The Department has admitted that it cannot create an evaluation “based on salary alone.” Id. at 23. But this significant increase to the salary level creates essentially a de facto salary-only test. For instance, the Department estimates 4.2 million workers currently ineligible for overtime, and who fall below the minimum salary level, will automatically become eligible under the Final Rule without a change to their duties. Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees, 81 Fed. Reg. 32,391, 32,405 (May 23, 2016). Congress did not intend salary to categorically exclude an employee with EAP duties from the exemption.

Friday, November 18, 2016

Sikhs, Drug testing, and Religious Accommodation

Not official use.
Under Title VII, employers have an obligation to reasonably accommodate the sincerely held religious beliefs of employees and job applicants. The EEOC reports: J.B. Hunt Transport Settles EEOC Religious Discrimination Charge for $260,000.

The case involved Sikhs, who applied for jobs and were required to submit a hair sample for drug testing. Per the EEOC release, "One of the five articles of faith for Sikhs is maintaining uncut hair." Three applicants were denied employment based on their failure to submit to the tests.

J.B. Hunt did not admit liability but agreed to pay the $260,000, offered the Sikh applicants jobs, and revised its drug testing policy.
The article is not clear as to how the policy was revised. There are alternatives to hair testing (saliva, blood, urine, etc.) - but I do not know enough about Sikhs to know whether those actually accommodate all of their beliefs.