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.
First and 10 for Employers: On November 22, 2016, U.S. District Judge Amos L. Mazzant, III of Texas issued a nationwide injunction blocking the U.S. Department of Labor’s new overtime Rule that was designed to expand the number of workers eligible for overtime compensation.
This Order was a huge victory for the 21 states and over 50 business groups who had filed the lawsuit, as well as the plethora of private employers and non-profit organizations who have long complained that the new Rule Read more [...]
Controversy surrounding the U.S. Women’s national soccer team continues to provide insight into important employment law developments. On March 29, 2016, five members of the team filed a charge of discrimination against the U.S. Soccer Federation with the Equal Employment Opportunity Commission (EEOC), alleging disparity in pay between male and female U.S. soccer players. Their claim contributed to the national discussion about equal pay for women beyond sport.
As it turned out, the U.S. Women’s Read more [...]
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:
Read more [...]
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 [...]