Within the fast-moving and colorful world of sports comes many valuable lessons for employers. In this blog, labor and employment attorney and serious sports enthusiast, Ken Winkler, combines his passion for law and sports to offer precautions and insights on important HR issues and practices. Be sure to check this site often. Topics are often based on interesting and timely scandals and headlines from the world of sports.
All employers subject to the Fair Labor Standards Act's (“FLSA”) minimum wage provisions and the Employee Polygraph Protection Act (EPPA), must post, and keep posted, a notice explaining these laws in a conspicuous place in all of their establishments so as to permit employees to readily read it. This posters have been revised, and as of August 1, 2016, you must post this revised version. You may download a pdf of the revised poster from the DOL website at:
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The topic of Equal Pay in sports and beyond continued to receive national attention at this year’s ESPY Awards. Two female award recipients, Abby Wambach and Breanna Stewart, used the stage as an opportunity to speak out about pay disparity between the sexes. The topic of equal pay garnered much attention earlier this spring when the U.S. women’s national soccer team initiated a legal action alleging discrimination in pay. The women’s team will continue its campaign for equal pay by wearing Read more [...]
There was a lot of hoopla over Draymond Green’s use of the word “B___” during his confrontation with LeBron James in Game 4 of the NBA Finals. Green was suspended from Game 5 of the series because he had amassed his fourth flagrant foul point of the postseason, which mandates a one-game ban. The reported exchange between Green and LeBron that triggered the altercation went like this: James said he was the father of three kids and a man. Green responded by telling James that “You’re Read more [...]
On May 18, 2016, the U.S. Department of Labor (DOL) issued a new rule that doubles the salary threshold for overtime exemption under Fair Labor Standards Act (“FLSA”). The rule is anticipated to extend overtime eligibility to an estimated 4.2 million workers who are currently classified as exempt. This rule takes effect December 1, 2016.
The key provisions of the new rule include the following:
Increase in Salary Threshold: The rule sets the standard salary level at the 40th percentile Read more [...]
Two recent sports headlines have brought to the forefront the issue of equal pay for women in sports and the workplace in general. On March 22, 2016, Raymond Moore, the chief executive of the Indian Wells Tennis Garden in California and director of its tournament, resigned as a result of the backlash he faced for suggesting that women tennis players “ride on the coattails of the men”. Meanwhile, on March 29, 2016, 5 members of the U.S. women’s soccer team filed a wage discrimination action Read more [...]
Adam Laroche, a first baseman and designated hitter with the Chicago White Sox, has made headlines over his decision to retire from major league baseball due to the White Sox’s request to reduce the time his 14-year-old son spends with the team.
Laroche’s resignation is an unusual situation that has sparked spirited debate about a number of management and employee issues including, but not limited to: whether the team’s request was justified and reasonable; whether LaRoche took advantage Read more [...]
The Equal Employment Opportunity Commission (“EEOC”) recently released its charge statistics for FY 2015. The number of employment discrimination charges filed in FY 2015 totaled 89,385 a slight increase from the number of charges (88,778) filed in FY 2015. The EEOC obtained more than $525 million in GY 2015 through voluntary resolutions and litigation.
In the spirit of the college basketball championship, you can test your knowledge of the EEOC charge filing statistics by completing the bracket Read more [...]
In October 2015, former Canadian Olympic Committee (“COC”) President Marcel Aubut resigned from office in the midst of a sexual harassment scandal. The COC has since announced that it will commit to making significant changes to its workplace policies and procedures to improve the work environment. The particular changes include:
Enhancing harassment policies, including adding a "duty to report" provision and a mechanism for filing complaints that doesn't require reporting to the CEO Read more [...]
On Friday, January 8, 2016, former St. Louis Cardinals Director of Baseball Development, Christopher Correa, pleaded guilty to criminal charges for breaching the private database of the Houston Astros. Correa admitted using someone else’s password to gain access to email, and accessing the player database of the Astros. From March 2013 through at least March 2014, Correa’s gained access to the database to learn what players the Astros were considering for the MLB draft and also to view notes Read more [...]
Most sports fans have now heard the latest on Johnny Manziel. He was supposed to be at the Browns’ facility this past Sunday morning to meet with doctors as part of the concussion protocol. Instead he was apparently in Las Vegas partying. To try to avoid being recognized, he supposedly wore a blonde wig around the casinos. When rumors began circulating on social media that he was in Las Vegas, he posted a picture on Instagram of him and his dog cuddling on the floor. He added the hashtag Read more [...]