Articles by Girish Anand

October 11, 2019
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Walmart Fined $5.2M for Disability Bias

Late yesterday, a jury determined that Walmart hS violated federal law when it refused to accommodate the disabilities of a longtime employee, and awarded $5.2 million in damages, the Equal Employment Opportunity Commission (EEOC) announced today. According to the EEOC's lawsuit, an employee, who has a developmental disability and is deaf and visually impaired, worked as a cart pusher in the B...
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Little Sisters of the Poor Beseech SCOTUS -- Again

October 10, 2019
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UPDATE: On Oct. 22, the 9th U.S. Circuit Court of Appeals ruled against the Little Sisters of the Poor, refusing to grant them an exemption. The Little Sisters of the Poor have once again filed a petition before the Supreme Court to restore their exemption from the contraceptive mandate of the Affordable Care Act (ACA). Little...

DISH Settles Discrimination Charge for $1.25M

DISH Settles Discrimination Charge for $1.25M

October 9, 2019
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DISH Network LLC has agreed to conciliate a disability discrimination charge regarding its online assessment for applicants with the Equal Employment Opportunity Com­mission (EEOC), the federal agency announced today. DISH Network has agreed to pay $1,250,000 to compensate the original complainant and other aggrieved applicants who claim they were denied an opportunity for employment at DISH...
Domino's Ruling Could Make Websites Susceptible to ADA Lawsuits

Domino's Ruling Could Make Websites Susceptible to ADA Lawsuits

October 9, 2019
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The 9th U.S. Circuit Court of Appeals recently ruled that, since it is a place of public accommodations, Domino's Pizza and its website are required under the Americans with Disabilities Act (ADA) to provide "auxiliary aids and services," meaning its visual materials must be accessible to visually impaired customers through screen-reading software. This week the U.S. Supreme Court refused to...
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DOL Proposes Tip Credit Rule

October 7, 2019
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The Department of Labor (DOL) announced a proposed rule for tip provisions of the Fair Labor Standards Act (FLSA) implementing provisions of the Consolidated Appropriations Act of 2018 (CAA). The proposal will also codify existing Wage and Hour Division (WHD) guidance into a rule. The CAA prohibits employers from keeping employees’ tips. During the development of those provisions, the depart...
October 4, 2019
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OSHA Adopts New Inspection Weighting System

The Occupational Safety and Health Administration (OSHA) announced that it has recently implemented the OSHA Weighting System (OWS) for fiscal year (FY) 2020. OWS will encourage the appropriate allocation of resources to support OSHA’s balanced approach of promoting safe and healthy workplaces, and continue to develop and support a management system that focuses enforcement activities on critic...
October 4, 2019
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Final Rule Published on Drug Testing for UI Benefits

The Department of Labor (DOL) today published a final rule that provides greater clarity and flexibility to states as they identify the occupations for which they will conduct drug testing in the unemployment insurance (UI) program. "The flexibility offered in the new rule respects state differences with regard to employment drug testing across our country," said Assistant Secretary for Empl...
October 1, 2019
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McDonald's Not a Joint Employer, Court Finds

In  a case with potentially sweeping implications for franchise operators everywhere, the 9th U.S. Circuit Court of Appeals -- arguably the most liberal in the country -- sided today with corporate behemoth McDonald's against employees claiming it was responsible for what its franchisees did on the wage-and-hour front, ruling that it was not a joint employer. The case traces back several yea...
October 1, 2019
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DOL's PAID Program Nets 7,500 Employees Back Wages

Since its launch as a trial initiative in April 2018, the Payroll Audit Independent Determination (PAID) program of the Department of Labor (DOL) has witnessed 74 employers voluntarily step forward to award back wages to some 7,500 employees to the tune of $4 million. PAID is an employer self-audit program. If a company audit turns up unpaid wages or overtime, the company can enter into the ...
October 1, 2019
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EEOC Sues Walmart for Sexual Harassment

Wal-Mart Stores East, LP (Walmart) violated federal law when it allowed a male employee at its Geneva, N.Y. Walmart Supercenter to sexually harass a female co-worker for years, the Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed this past Friday. According to the EEOC's lawsuit, from 2014 to 2018 a Walmart employee regularly made unwelcome sexual comments and advanc...