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April 2016

Employers routinely provide position statements to the Equal Employment Opportunity Commission (EEOC) investigators in defense of discrimination charges.  These position statements cover the employer's (respondent’s) version of the facts and why the employer believes the charge should be dismissed.  The EEOC recently announced that it wi...
Having declared a minimum wage hike to $10.10 per hour for Federal contractor employees by Executive Order in 2014, President Barack Obama followed up in September 2015 with another Executive Order requiring those same Federal contractors to establish paid sick leave programs for their employees.  On February 25, 2016, the U.S. Department of Labor pu...
Many employers depend on employees being able to get to work from remote locations.  To improve the process, some employers encourage employees to set up car pools or van pools, sometimes paying the driver for his services.  Complex issues arise if there is a traffic accident and injury going to and from work, raising the question of employer li...
In a recent case, an employee who had worked for J.C. Penney was terminated and brought a workers' compensation claim as well as a claim for violations of the discrimination laws.  Soltis v. J.C. Penney Corp., 128 FEP Cases 804 (C.A. 6, 2015).  After the workers' compensation claim was settled, J.C. Penney moved for summary judgment arguing they...