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Informed Employer: April 25, 2018 Informed Employer: April 25, 2018

Informed Employer: April 25, 2018

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Court Rules Employers Can't Use Prior Salaries Against Women
Employers can't pay women less than men just because they made less at a previous job, a federal appeals court has ruled. The court said a woman's prior salary, whether considered on its own or along with other factors, can't be used to justify paying a female employee less than her male counterpart.
(Source: NPR, 2018-04-10) Read the full article
Judge Rules Uber Drivers Independent Contractors, Not Employees
A U.S. judge in Philadelphia has ruled that limousine drivers for Uber Technologies Inc. are independent contractors and not the company's employees under federal law, the first ruling of its kind on a crucial issue for the ride-hailing company. U.S. District Judge Michael Baylson on Wednesday said San Francisco-based Uber does not exert enough control over drivers for its limo service, UberBLACK, to be considered their employer under the federal Fair Labor Standards Act.
(Source: Insurance Journal, 2018-04-13) Read the full article
Starbucks to Test Whether Anti-Bias Training Really Works
Starbucks announced that it would close its more than 8,000 stores in the United States on May 29 to offer anti-bias training for 175,000 employees. The announcement, which the company has not provided more details about, has thrust a fundamental question to center stage: Can such trainings actually relieve people of their biases?
(Source: The New York Times, 2018-04-18) Read the full article
EEOC Sexual Harassment Cases Declined 41%, But Many Could Be Hidden
Even as women have begun speaking out about sexual harassment at work, the number of official complaints to state and federal regulators hit a two-decade low in 2017. But few experts think the decline means people -- women, mostly -- are facing 41 percent less sexual harassment, only that the complaint and resolution process is getting more private.
(Source: Bloomberg, 2018-04-23) Read the full article
NYC to Require Employers to Provide Sexual Harassment Training
The largest city in America will soon require employers to put their workers through annual training aimed at preventing sexual harassment. The New York City Council passed a package of bills aimed at addressing sexual harassment at work -- one of the strongest legislative responses yet to a national conversation about misconduct in the workplace.
(Source:, 2018-04-15) Read the full article
Study Finds Dads Support Paid Leave, But Don't Take it Themselves
A lot of dads say they support paid leave for fathers to care for newborn children -- but maybe they mean other fathers. The vast majority of men don't take more than a week off, and they're less likely to take time for a second child, according to new research from Ball State University.
(Source: Bloomberg, 2018-04-19) Read the full article
More Companies Offer Genetic Screening, Many Employees on Board
West Coast companies vying for talent offer an unusual array of benefits like college loan repayment, egg freezing, surrogacy assistance and, for new mothers away on business trips, overnight breast milk shipping. Some companies have added genetic screening as well, and employees are lining up for the tests.
(Source: The New York Times, 2018-04-15) Read the full article
Dear Wage and Hour

Felix "Pete" Wade

Dear Wage and Hour…doesn’t have quite the ring of Dear Abby. It also doesn’t have the general interest. For industry associations, HR professionals and lawyers, there has been a nine-year hiatus in what was, and is again, the U.S. Department of Labor’s practice of issuing opinion letters interpreting its own statutes and regulations. This month, the DOL issued three letters.  These opinion letters do not have the force of law, but they are a defense to any claim of willful misconduct.

The first case deals with when an employee must be paid for traveling away from the employee’s home community. Generally, employees are not entitled to compensation for travel time between home and work. When an employee must travel away from his or her home community, the travel time is generally compensable work time when it cuts across the employee’s regular work day. Here, the DOL noted the employees did not have a regular work day. In such a rare scenario, the company has two options: the employer may choose the average start and end times for the employee’s work days to determine what time would be compensable or the employer may negotiate with the employee to agree to a reasonable amount of time for compensation. The letter also addressed that the use of a company vehicle alone will not make ordinary commute time compensable.

Read more here.


Join Us for the Indiana Worker’s Compensation Conference with the Indiana Chamber

We’re proud to be a sponsor of the 2018 Indiana Worker’s Compensation Conference with the Indiana Chamber. This year’s conference will take place from 8:30 a.m.-4:30 p.m. on May 24, 2018 at the JW Marriott in Indianapolis. This annual conference provides you with strategies to handle worker’s compensation claims and keep your compensation premium rates low.

The seminar is ideal for safety coordinators, risk managers, HR professionals, safety and health professionals, benefits administrators and others involved in controlling costs of worker’s compensation.

Register here. Ice Miller clients receive 10% off their registration with the code 3344.


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