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15 Dec 2020, 4:47 am by Joy Waltemath
The EEOC has reached an agreement with Performance Food Group, Inc., under which the food products distributor would pay $5 million to settle allegations that it violated Title VII by engaging in a pattern or practice of gender discrimination in its selection of “operative” positions in its warehouses, according to a proposed consent decree filed with a Maryland federal court. [read post]
5 Dec 2020, 5:58 am by Mark Tabakman
 The Opinion Letter referenced the Supreme Court decision in Integrity Staffing Solutions, Inc. v. [read post]
23 Nov 2020, 7:19 pm by Hardison & Cochran
The short-haul exception maximum allowable workday has changed from 12 to 14 hours, and the distance the driver may operate has been extended from a 100 air-mile radius to a 150 air-mile radius. [read post]
27 Jul 2020, 9:53 am by Joy Waltemath
Analyzing the award under the Supreme Court’s three-part test set out in in BMW of North America, Inc. v. [read post]
23 Jul 2020, 2:47 pm by Joy Waltemath
B-G Maintenance Management of Colorado, Inc., the Tenth Circuit held in order to prevail on a sex-plus claim, a female plaintiff had to prove that the subclass of women to which she belonged “was unfavorably treated as compared to the corresponding subclass of men. [read post]
23 Jul 2020, 8:29 am by Seyfarth Shaw LLP
Exceptions To The Continuous Workday Rule And Recordkeeping Obligations Under the Wage and Hour Division’s continuous workday guidance, all time between the performance of the first and last principal activities of a workday is generally compensable work time. [read post]
15 Jul 2020, 7:14 am by Joy Waltemath
FBL Financial Services, Inc, the employer argued that the “but for” causation standard applied. [read post]
13 Jul 2020, 8:46 am by Joy Waltemath
Tyson Foods, Inc., Tyson Fresh Meats, Inc., Keystone Foods, LLC, JBS USA, Inc., and Pilgrim’s Pride Corp. adopted their respective policies after the onset of the COVID-19 pandemic in the United States on or about March 11, 2020, the complainants assert. [read post]
7 Jul 2020, 1:40 pm by Jennifer Barna
Indoor Retail EO 157 permits all retail establishments (whether indoor or outdoor) to open, provided that they adopt policies that include, at minimum, the following requirements: Limit occupancy of any indoor premises to 50% of the stated maximum store capacity, if applicable, at one time, excluding the retail establishment’s employees; Limit total capacity of any outdoor area to a number that ensures that all individuals can remain six feet apart; Establish hours of operation, wherever… [read post]
3 Jun 2020, 1:46 pm by Mark Theodore and Eric Novak
Employees often talk about all manner of things during the course of a workday and allowing “solicitation” of any kind (e.g., the office betting pool, purchase of Girl Scout Cookies, etc.) during work time would mean solicitation for or against a union would have to be permitted. [read post]