The Joint Employer Rule and OSHA Liability

On April 1, 2019, the U.S. Department of Labor (DOL) announced a proposed rule that would revise and clarify the responsibilities of employers and “joint employers” to employees in certain “joint employer” arrangements.  The proposal, if adopted, will be the first substantial change to DOL regulations on this topic since 1958.

Managers, Supervisors, and OSHA: A “Binding” Experience

When a Compliance Officer (OSHA Inspector) appears at your workplace, employers should be aware that everything a supervisor or manager says at any point in time to the inspector could, and probably will, bind the company to support a citation.
Imagine that an OSHA Inspector appears at your place of business based on a complaint of safety concerns by employees.  The OSHA Inspector presents credentials, and the opening conference begins.

Toledo City Council Vote To Ban Salary History Question

On Wednesday, June 26, Toledo City Council approved the Pay Equity Act, an ordinance which will prohibit Toledo employers from requiring job applicants to disclose salary history as a condition of employment.  City Council members believe this new law will help prevent pay inequities for woman and people of color in Toledo’s workplaces.  In the absence of this information, City Council members believe pay will be based on ability and experience.

EEOC Releases Top 10 Charges for 2018, Litigation Data

On April 10, the Equal Employment Opportunity Commission (EEOC) released Fiscal Year 2019 Enforcement and Litigation Date. Below are the top 10 charges for 2018.

Retaliation: 39,469 (51.6 percent of all charges filed)
Sex: 24,655 (32.3 percent)
Disability: 24,605 (32.2 percent)
Race: 24,600 (32.2 percent)
Age: 16,911 (22.1 percent)
National Origin: 7,106 (9.3 percent)
Color: 3,166 (4.1 percent)
Religion: 2,859 (3.7 percent)
Equal Pay Act: 1,066 (1.4 percent)
Genetic Information: 220 (.

Employer May Waive Right To “Failure To Exhaust” Defense If Not Raised Timely

The U.S. Supreme Court ruled in a unanimous decision on June 3, 2019, that federal courts may be able to hear discrimination claims under Title VII of the Civil Rights Act even if workers don’t bring them to the U.S. Equal Employment Opportunity Commission (EEOC) or an equivalent state agency.
In Fort Bend County V. Davis, Lois Davis filed a charge with the EEOC against her employer, Fort Bend County, for sexual harassment and retaliation.