The Employment Law Chronicle

The U.S. Department of Labor's, Office of Federal Contract Compliance Programs (OFCCP) issued a press release announcing a $1.5 million settlement against a federal contractor accused of discriminating against women and certain minority men in hiring procedures. OFCCP determined that applicant testing and screening procedures used by a Texas company, Vought Aircraft Industries, disproportionately eliminated African American men, Asian men, and all women from certain beginner jobs in aircraft assembly.

This case serves as a reminder to federal contractors and subcontractors in Virginia, the District of Columbia, and nationwide that it is important to screen your screening tools to eliminate the potential for claims of sex, gender or other forms of employment discrimination.

Posted by Lori J. Searcy | Permalink | Email This Post

Posted In: Employee Testing & Screening , Employment Discrimination , Federal Contractors , Race Discrimination , Sex, Equal Pay & Pregnancy

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The Virginian-Pilot reports that a former employee filed suit in Norfolk Circuit Court seeking $65 million against BJ's Wholesale Club for failing to warn or take precautions to protect the former employee from her estranged husband who came to the workpace, killed the employee's sister, and shot the employee. According to the article, the lawsuit alleges that on the day of the shooting, the employee's manager at BJ's received several phone calls and a visit from the husband threatening the employee, but the Company did not warn or protect the employee.

While the outcome of this case remains to be seen, an important take-away for employers is that it is critically important to develop, implement, and communicate to employees specific procedures to respond to workplace threats.

Posted by Lori J. Searcy | Permalink | Email This Post

Posted In: Defamation & Other Torts , Virginia Cases , Workplace Health & Safety

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Increasing its on-line advisory tools, the U.S. Department of Labor launched a new "elaws" tool to help employers comply with federal labor laws by determining the recordkeeping, reporting and notice requirements that apply to them.

What are elaws? According to DOL, "The elaws advisors are free, Web-based tools designed to help employers and workers understand the department's major employment laws. By asking a series of questions, the advisors simulate a conversation with a Department of Labor expert and guide users to customized information explaining the requirements of each law. By asking questions such as size of business, location and type of industry through multiple choice or yes and no questions, the FirstStep Employment Law Overview Advisor determines which federal employment laws apply to each user. The advisor then provides information from the Labor Department's Employment Law Guide on the basic provisions of these laws."

Elaws are available at www.dol.gov/elaws/firststep.

Posted by Lori J. Searcy | Permalink | Email This Post

Posted In: Company Policies & Handbooks , Government Agencies

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Employers in Virginia, the District of Columbia and nationwide need to ensure that testing and selection procedures used to screen job applicants or existing employees for advancement or other opportunities do not have a discriminatory impact on the basis of race, sex, age, disability or other protected category. In recent years, testing and selection criteria have been a prime target of the Equal Employment Opportunity Commission's (EEOC) enforcement efforts. For example, in November 2006, the Eighth Circuit affirmed a $3 million judgment in EEOC v. Dial Corp resulting from a strength test that appeared to have excluded women from entry-level jobs. In 2007, Ford Motor Company, two of its affiliates, and the UAW entered into a $1.6 million settlement stemming from cognitive apprenticeship tests that appeared to have excluded African Americans. That settlement came on the heels of an $8.5 million settlement in a related case.

In the wake of these multi-million dollar judgments and settlements, the EEOC issued a fact sheet to assist employers in understanding how to avoid employment discrimination claims based on tests and other selection criteria.

Continue reading " EEOC Best Practices: How to Test Employees Without Violating Discrimination Laws " »

Posted by Lori J. Searcy | Permalink | Email This Post

Posted In: Age Discrimination , Company Policies & Handbooks , Disability Discrimination , Employee Testing & Screening , Employment Discrimination , Employment Law 101 , Employment Law Summaries , National Origin & Citizenship , Other Types of Discrimination , Race Discrimination , Religion , Sex, Equal Pay & Pregnancy

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According to the Richmond Times-Dispatch, approximately 230 workers have filed a federal lawsuit against Smithfield Foods Inc. under the Fair Labor Standards Act alleging that the Company failed to pay 30-45 minutes of daily overtime for donning and doffing of protective gear, walking to and from the production line, and working after the day officially ends.

Posted by Lori J. Searcy | Permalink | Email This Post

Posted In: Cases , Leave, Overtime & Wages , Virginia Cases

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As a courtesy to lawyers, The Employment Law Chronicle provides links to the text of key Federal, Virginia, and District of Columbia labor and employment laws published on government sites.

The DC Human Rights Act prohibits employment discrimination on the basis of race, color, religion, national origin. sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities, genetic information, disability, matriculation, or political affiliation.

Posted by Lori J. Searcy | Permalink | Email This Post

Posted In: Age Discrimination , Disability Discrimination , District of Columbia Laws , Employment Discrimination , National Origin & Citizenship , Other Types of Discrimination , Race Discrimination , Sex, Equal Pay & Pregnancy , Statutes

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As a courtesy to lawyers, The Employment Law Chronicle provides links to the text of key Federal, Virginia, and District of Columbia labor and employment laws published on government sites.

The FMLA permits eligible employees of covered employers to take up to 12 weeks of job-protected, unpaid leave during any 12-month period. The National Defense Authorization Act (NDAA) for FY 2008 amends the FMLA to provide for additional categories of job-protected leave relating to members of the military.

Continue reading " Family Medical Leave Act of 1993 (FMLA): 29 U.S.C. §§ 2601 et. seq. " »

Posted by Lori J. Searcy | Permalink | Email This Post

Posted In: Employment Law Summaries , Federal Laws , Leave, Overtime & Wages

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As a courtesy to lawyers, The Employment Law Chronicle provides links to the text of key Federal, Virginia, and District of Columbia labor and employment laws published on government sites.

Title VII prohibits employment discrimination on the basis of race, color, national origin, religion or sex.

Posted by Lori J. Searcy | Permalink | Email This Post

Posted In: Employment Discrimination , Federal Laws , National Origin & Citizenship , Race Discrimination , Religion , Sex, Equal Pay & Pregnancy , Statutes

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As a courtesy to lawyers, The Employment Law Chronicle provides links to the text of key Federal, Virginia, and District of Columbia labor and employment laws published on government sites.

The Fair Labor Standards Act sets minimum wage, overtime pay, recordkeeping, and child labor standards. It applies to most employers in the private sector, Federal, State, and local governments. The U.S. Department of Labor provides helpful material on the FLSA.

Minimum Wage: While some workers may qualify for a FLSA exemption, nonexempt workers are entitled to a minimum wage as follows: $5.85 per hour effective July 24, 2007; $6.55 per hour effective July 24, 2008; and $7.25 effective July 24, 2009.

Overtime: After 40 hours of work in a workweek, covered employers must pay nonexempt workers overtime in the amount of at least 1 1/2 times their regular rate of pay.

Posted by Lori J. Searcy | Permalink | Email This Post

Posted In: Federal Laws , Leave, Overtime & Wages , Statutes

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