Monday, February 2, 2015

That is SO last week

Last week there were two reminders of the importance of periodic policy reviews. First, the OFCCP announced that it would revise its guidelines on sex discrimination.  Calling the 40-year-old guidelines “woefully out of date,” OFCCP Director Patricia Shui explained that the guidance needed to be brought up-to-date to reflect the modern workplace. Second, the Sixth Circuit Court of Appeals held, in an interference with benefits and retaliation case, that an employer’s poorly-drafted FMLA policy could cover an employee even if the FMLA itself did not require coverage.  The policy at issue –which was intended to follow the FMLA’s language – left out the requirement that eligible employees work at a facility with 50 or more employees within a 75-mile radius.  The employee bringing the case met the two other requirements set out in the policy, and so was allowed by the Sixth Circuit to avoid summary judgment and take his case to trial.

In other developments:

Wage and Hour
Posted by: Kate Bischoff