HR Minute

Showing 6 posts by Shawntel R. Hebert.

EEOC Provides Transgender Compliance Wish List for Employers

On January 20, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) settled a transgender discrimination and harassment lawsuit against a national employer through a voluntary consent decree. The EEOC brought the action on behalf of Britney Austin alleging that Deluxe Financial Services, Inc. had subjected Ms. Austin to a hostile work environment and disparate treatment because of her sex. Specifically, the lawsuit claimed that Ms. Austin is a transgender woman who transitioned from male to female during her employment with Deluxe and was subjected to sex discrimination and retaliation under Title VII of the Civil Rights Act of 1964 (Title VII), as well as retaliation under the Americans with Disabilities Act (ADA).

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FMLA Master Class: Georgia - Advanced Skills for Employee Leave Management

On-Site Seminar:
Atlanta | Thursday, January 14, 2016

Choose your conference option! Attend the full conference, or just attend the morning or afternoon session.

Master FMLA administration in just one day with this all-new program created just for Georgia employers and HR management...

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Georgia Supreme Court Ruling May Spawn Back Pay Claims by Thousands of Home Care Workers

On November 23, 2015, the Supreme Court of Georgia held that countless home care workers are not exempt from the state’s minimum wage laws.[1] The high court ruled unanimously that workers employed by businesses and other third parties to perform in-home personal care services for the elderly, infirm, or medically homebound are protected under Georgia’s minimum wage law.

The dispute centered on whether home care workers should be paid for the time they spend commuting between homes where they provide services. Plaintiff-employees argued that by not being paid for commute time they are not paid for all hours worked and their pay averages less than minimum wage. Defendants, Georgia-based Southern Home Care Services, Inc. and its Kentucky-based parent company, Res-Care, Inc., countered that home care workers are exempt from both federal and state minimum wage laws and must only be paid for the time spent in homes providing care. 

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U.S. Supreme Court to EEOC: Here’s a Chair, Sit Down!

Last month, the U.S. Supreme Court in the Mach Mining, LLC v. EEOC case unanimously ruled that the U.S. Equal Employment Opportunity Commission (EEOC) conciliation efforts are indeed subject to review by courts. Employers have long protested against the EEOC’s handling of the mandated conciliation process, arguing that the EEOC often glosses over their duty to conciliate. The nation’s highest court held that Congress imposed a mandatory duty on the EEOC to attempt conciliation and confirmed that duty as a precondition to filing a lawsuit following a cause finding. The Court found that the EEOC was not permitted to police itself and that therefore the EEOC’s conciliation obligation is subject to judicial review.

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It’s Not Where You Live, But Where You Were Married: FMLA Expands Coverage for Same-Sex Couples

FMLA Expands Coverage for Same-Sex CouplesAs of March 27, 2015, the definition of “spouse” under the Family and Medical Leave Act (FMLA) will  include an FMLA-eligible employee in a legal same-sex or common law marriage--even though the marriage may not be recognized in the state where the employee lives or works. Yes, you read that right…even though the marriage may NOT be recognized in the state where the employee lives or works! The new rule allows a same-sex spouse to be considered a “spouse” for FMLA purposes if the marriage was valid where and when it was entered into, i.e., “celebrated.

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In the Eleventh Circuit, Crying “Uncle” May Not Be Enough

Posted In Litigation

money iconImagine your company is sued by a former employee, and the company decides it should simply offer the employee everything they asked for in the case. For whatever reason, the former employee turns down the offer of complete relief. Seems reasonable that the employer should be able to ask the Court to enter the judgment and end the case, since the person can’t recover more than everything they asked for! Not so fast…

Continue reading In the Eleventh Circuit, Crying “Uncle” May Not Be Enough ›

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