In a Trump administration that typically acts with great fanfare, Secretary of Labor Alexander Acosta quietly announced the immediate withdrawal of two administrative guidance letters issued during the Obama administration. The U.S. Department of Labor (“DOL”) issued a three-sentence news release on Wednesday, reporting that Secretary Acosta had withdrawn the
On November 14, 2016 USCIS released a revised version of Form I-9, Employment Eligibility Verification. While employers may continue using Form I-9 with a revision date of 03/08/2013 N. through January 21, 2017, by January 22, 2017, employers must use the revised form. Form I-9 may be Downloaded for Easier Use The new Form
Although a recent injunction has halted the changes to the FLSA that were scheduled to go into effect on December 1, 2016, as a result, many employees who likely would have been reclassified from exempt to non-exempt may not, it never hurts to revisit the issue of when and how employers have to compensate non-exempt
On November 8, 2016, Massachusetts voters approved Question 4 to legalize the possession and recreational use of marijuana. The ballot initiative passed by a 53.6% to 46.4% margin. The law comes into effect quickly: recreational use and possession of marijuana will be legal for adults 21 years old or older on December 15, 2016 while
On November 22, a federal district court judge in Texas issued a temporary injunction that prevents the Department of Labor’s overtime rule from going into effect nationally. The overtime rule would have raised the minimum yearly salary to qualify under the Fair Labor Standards Act’s (FLSA) white collar exemptions from $23,660 to $47,476. For an
On July 6, 2016, Governor Charles D. Baker signed into law Senate Bill 2407: An Act relative to transgender anti-discrimination, codified at G.L. c. 272 §§ 92, 92A, and 98. Effective October 1, 2016, this new law formally prohibits discrimination on the basis of gender identity in places of public accommodation. Gender identity is now
Retaliation is now the most frequently alleged basis of discrimination. The number of retaliation claims has doubled since 1998. In fiscal year 2015, retaliation accounted for nearly 45% of the claims the Equal Employment Opportunity Commission received. Despite this, the Commission had not revised its guidance on retaliation since it was first issued in 1998.
Retaliation “occurs when an employer takes a materially adverse action because an individual has engaged in, or may engage in, activity in furtherance of the EEO laws the Commission enforces.” See EEOC Enforcement Guidance on Retaliation and Related Issues. These laws include Title VII of the Civil Rights Act of 1964 (“Title VII), the
On August 1, 2016, Massachusetts Governor Charlie Baker signed into law the Act to Establish Pay Equity (the “Act”) which becomes effective July 1, 2018. The Act makes three significant changes to existing law. First, and most importantly, it prohibits employers from inquiring about a prospective employee’s salary history. This is a groundbreaking provision –