On November 28, 2023, the U.S. Department of Labor’s Wage and Hour Division announced that it will assess child labor civil monetary penalties for nonserious injury and noninjury violations of the Fair Labor Standards Act on a per-violation basis, rather than on a per-child basis as it had previously done, significantly increasing the aggregate of potential penalties.
To view the full alert, visit the Faegre Drinker website.
Menopause is something that approximately 50 percent of the workforce will experience during their working lives, but it is still infrequently discussed or considered in the workplace and many of us are unaware of how menopause can affect those going through it. However, employers are seeing an increase in employees concerned about menopause and their experience with it at work. This is a multi-faceted issue that encompasses a range of potential employment law issues.
Most countries do not recognise menopause as a characteristic that is specifically protected by discrimination laws. But employees experiencing menopause may be protected by discrimination laws relating to age, sex, disability and gender reassignment. Generally, people experiencing menopause are women aged between 45 and 55 so any unfavourable treatment (whether direct or indirect) towards an employee experiencing menopause could amount to sex and/or age discrimination. Gender reassignment discrimination may also be relevant if the employee experiencing menopause is transgender.
Continue reading “Menopause in the Workplace: A Multi-Faceted Issue”
Several countries have been slowly moving away from physical forms of confirming the immigration status of foreign nationals (e.g., vignettes or visa stickers in passports and residence permits) and towards the adoption of digital authentication methods. Most commonly, we are seeing eVisas or digital visas introduced for short-term visitor travel; however, some countries are also now adopting them for long-term stays. This article will focus primarily on the changes being made to the UK’s immigration system and also describe briefly some other interesting recent developments.
To view the full alert, visit the Faegre Drinker website.
The U.S. Supreme Court has granted certiorari in Muldrow v. City of St. Louis, Mo., No. 22-193, to address a split in the circuit courts over whether a forced lateral transfer, with no change in pay or benefits, is an adverse employment action under Title VII of the Civil Rights Act of 1964. Such a finding would further expand the type of conduct that can give rise to a cause of action under Title VII.
To view the full alert, visit the Faegre Drinker website.
The U.S. Department of Justice announced a $25 million settlement agreement requiring that Apple Inc. (Apple) pay toward a civil penalty and a back-pay fund to compensate certain individuals who were allegedly discriminated against in Apple’s Program Electronic Review Management process.
To view the full alert, visit the Faegre Drinker website here.
On October 19, 2023, Faegre Drinker Partner Ryan Funk gave remarks at the 28th Annual Bernard Gottfried Labor Law Symposium, which was sponsored by the National Labor Relations Board, the Wayne State Law School, and the State Bar of Michigan. In his remarks, Funk critiqued three recent changes to the National Labor Relations Board’s remedial scheme.
Discussing Thryv, Inc., Funk voiced his concern that the labor law community was growing out of touch with workers, employers, and the public, and changing remedies in ways that hurt the overall mission of the agency.
Continue reading “Key Takeaways From the 28th Annual Bernard Gottfried Labor Law Symposium”