As pay equity and transparency laws continue to spread across the country, the Equal Employment Opportunity Commission (EEOC) reminds us that both women and men can be subject to discriminatory pay practices based on gender.Continue Reading Beyond the Stereotype: Confronting Gender-Based Pay Discrimination Against Men
Barb represents employers and employees inside and outside the courtroom. She frequently consults with employers regarding workplace issues, such as hiring, discipline and terminations, privacy and social media matters, medical and non-medical leave matters, reductions in force, executive employment, wage and hour matters, and employment handbooks, policies and training
For the past year, businesses and attorneys alike have been impatiently awaiting the U.S. Supreme Court’s decision on whether a “tester” plaintiff – a person with a disability who examines compliance with the Americans with Disabilities Act (“ADA”) – has standing to bring a lawsuit when a place of public accommodation is allegedly out of compliance with the ADA. Unfortunately, the unanimous opinion issued by the Court on December 5, 2023 kicked the can down the road on this critical issue, leaving us longing for more.Continue Reading SCOTUS Punts on Standing: ADA “Tester” Case Dismissed for Mootness
The Colorado Division of Labor and Employment (CDLE) had a busy last few weeks of December in 2022, revising a number of its Interpretive Notice and Formal Opinions (INFOs). On…Continue Reading New Clarity: Colorado Employer Rights When Employee Fails to Return Money or Property at Separation
On August 1, 2022, the California Court of Appeals issued an opinion that will put a stop to website accessibility discrimination cases against online-only businesses brought pursuant to the state’s Unruh Act. The case, Martinez v. Cot’n Wash, Inc., clarified that websites standing alone are not places of public accommodation under Title III of the Americans with Disabilities Act (ADA).
Continue Reading Some Clarity At Last: California Court of Appeals Holds Websites Are Not Places of Public Accommodation Under the ADA
Not surprisingly, simple solutions to complex issues are often elusive. Yet on rare occasions, the solution is in plain sight. Doubtful? For employers struggling with the issue of a remote employee’s eligibility for job-protected leave under the federal Family and Medical Leave Act (FMLA), there is a very simple answer. And, unlike the analysis we discussed in our commentary about wage and hour issues for remote employees, the answer does not depend on the location of the remote employee.
Continue Reading Employer Compliance Guidance: Remote Worker Eligibility for FMLA Benefits
On March 18, 2022, the Department of Justice (“DOJ” or “Department”) published guidance on web accessibility and the Americans with Disabilities Act (“ADA”). The guidance addresses how state and local governments (covered by Title II of the ADA) and businesses that are open to the public (otherwise known as “places of public accommodation,” covered by Title III of the ADA) can ensure their websites are compliant with the ADA.
Continue Reading The DOJ’s “New” ADA Guidance on Website Accessibility: Much Ado About Nothing