November 2017 E-Update


Click here to view entire E-Update as a PDF


EEOC Issues “Promising Practices for Preventing Harassment”

In this climate of heightened awareness of harassment issues, the Equal Employment Opportunity Commission has issued an online resource, Promising Practices for Preventing Harassment. For more, click here.

Montgomery County Increases Minimum Wage to $15 by 2022

Montgomery County recently passed and County Executive Ike Leggett signed a bill that will increase the minimum wage beginning July 1, 2018, and provide annual stepped-up increases to $15 by 2022 for large employers, by 2023 for mid-sized, non-profit 501(c)(3), and certain service provider employers, and by 2024 for small employers. For more, click here.

EEOC Wins Its First-Filed Sexual Orientation Discrimination Case  

A federal district court in Pennsylvania found the EEOC established that an employer had engaged in sexual orientation discrimination against a former employee in violation of Title VII. In so doing, the court added to the split among federal courts regarding whether sexual orientation discrimination is discrimination based on sex under Title VII. For more, click here.



OSHA Further Delays Electronic Reporting

The Occupational Safety and Health Administration is further delaying the date – now to December 15, 2017 – by which certain companies must comply with electronic reporting of injuries and illnesses. For more, click here.

Pay History Bans Reminder

Pay history bans in Delaware and California will soon take effect, even as other states are considering similar bills that would prohibit employers from asking about an applicant’s pay history. For more, click here.

DOT Revises Drug Testing Regulations

The Department of Transportation has issued a final rule that revises the drug-testing program for DOT-regulated employers. For more, click here.

Wait Time Not Compensable Under Portal-to-Portal Act

The time that employees spent waiting to start work after being transported to their work site was not compensable under the Fair Labor Standards Act. For more, click here.

TOP TIP: Be Careful That Your Handbook Policies Don’t Create FLSA Obligations

In drafting handbook policies, employers should be careful to ensure that they do not inadvertently create additional obligations for pay under the Fair Labor Standards Act. One employer’s experience provides a cautionary tale. For more, click here.