In late March 2016, five star players on the U.S. women’s national soccer team filed a complaint with the EEOC, alleging that they are paid 40% less than the U.S. men’s national soccer team. The women’s U.S. soccer team is currently ranked number one in the world and have won three World Cup championships (including in 2015) and four Olympic golds . . . and let’s just be kind and say the men’s team is not quite as successful. The women’s team even generates more revenue – $20 million more than the men’s team in 2015, yet the apparent pay disparity still exists. This claim comes at a key time when the issue of equal pay is making headlines and has become a hot-button issue in the presidential race. (more…)

Employers who pay attention might worry that they have missed something when they see that the current Form I-9 has an expiration date of March 31. But just like some items in your refrigerator or pantry, the Form I-9 for verification of identity and authorization of every new hire is actually OK to use past the printed expiration date, for now. USCIS planned to timely update the form, but their new complicated form has gotten tied up in a prolonged notice and comment process and is not ready for consumption. So U.S. employers should keep using the facially “expired” I-9 form from www.uscis.gov/I-9 until further notice from USCIS and us.

The National Labor Relations Board recently ruled that Chipotle Mexican Grill violated the law when it forced an employee to delete certain posts on his Twitter account. James Kennedy had tweeted some unflattering statements about the Havertown, Pennsylvania restaurant where he worked, including complaints about having to work on snow days and about the hourly wage. In days gone by, Kennedy’s tweets may have gone unnoticed, but Chipotle has a national social media strategist, whose job duties include monitoring employees’ social media postings. (Depending on the employees, this could be a very interesting job.) The strategist saw Kennedy’s tweets and concluded that they violated Chipotle’s social media policy, so she contacted the regional manager for Havertown, who then confronted Kennedy with a copy of the policy and asked that he remove the posts. Kennedy ultimately agreed. (more…)

The U.S. Department of Health & Human Services has published answers to some frequently asked questions about an individual’s right to access identifiable health information. (more…)

The news of Justice Antonin Scalia’s death at a hunting lodge in Texas on February 13th rocked the country over Valentine’s weekend. The timing and suddenness of the staunch conservative’s death during President Obama’s last year in office opens up a host of issues and questions to be resolved. Justice Scalia’s absence on the Supreme Court will affect several high profile cases, resulting in significant impacts on several different segments of the population. In losing a frequent fifth vote for the conservative end of the ideological spectrum, the Supreme Court will be left with an ideological tie of a 4-4 split between conservatives and liberals. (more…)

Last week, a federal jury (after only 3 hours of deliberation) awarded a Walmart female pharmacist . . . wait for it . . . $31 MILLION! Maureen McPadden, a 13-year Wal-Mart pharmacist, brought an action alleging retaliatory termination, disability discrimination, and sex discrimination.  McPadden called the verdict, “a message that the little guy has a voice, that Wal-Mart did something wrong.” (more…)

Jennifer Lawrence may be Hollywood’s highest-paid actress, according to Forbes magazine. But in a recent essay published in Lena Dunham’s e-newsletter “Lenny Letter,” the Oscar-winner describes how she learned, through the 2014 Sony email hack, that she was paid less than her male co-stars in the 2013 film, “American Hustle.” The Los Angeles Times reported that Lawrence was paid only 7% of the film’s profits, while Bradley Cooper and two other male co-stars each earned 9%. (more…)

If persistence is what you want from the NLRB, then you are probably happy with the Board’s recent ruling on Murphy Oil USA’s class and collective action waivers.  In case you missed it, the NLRB held that employment arbitration provisions that contain class and collective waivers are unlawful.  The NLRB’s decision came in direct conflict with a recent decision from the Fifth Circuit Court of Appeals.  Indeed, just two years ago the Fifth Circuit reversed a virtually identical NLRB decision, which seemed to decide the issue for good.  The NLRB, however, took another bite at the apple and reignited the controversy in Murphy Oil USA v. NLRB. (more…)

Eddie Employee is an hourly employee of Company, Inc. Eddie notifies Sally Supervisor that he will undergo surgery, and will need continuous medical leave to recover. While out on leave, Eddie’s co-workers, who are “friends” with him on social media, report to Sally that Eddie is posting photographs of him jet-skiing, dancing, and partying on a cruise to the Caribbean. To verify these reports, Sally logs onto her social media account, and sees these photographs. As a result, Sally terminates Eddie’s employment. Does the Company face liability under the Family Medical Leave Act (“FMLA”)? (more…)