Nakimuli Davis-Primer

Nakimuli O. Davis-Primer, an associate in the Jackson, Mississippi office, focuses a large portion of her practice on representing employers before the Equal Employment Opportunity Commission, defending employers in Title VII, Section 1981 and ADEA lawsuits related to harassment and discrimination in the workplace, and training and advising clients on employment related issues. Contact Nakimuli at ndavis@bakerdonelson.com.

Closing the pay gap between men and women is not only a target in the EEOC’s Strategic Enforcement Plan, it is also a priority for state legislators. Indeed, 2017 ended with a rise in state pay disparity legislation that revealed notable trends for 2018. Employers should remain up-to-date on pay disparity laws not only on a federal level, but also on state and local levels. (more…)

This summer has been hot in temperature, but also in topics especially when it comes to balancing equal protection with sincerely held religious beliefs. A recent bill, Supreme Court decision, and Executive Order each show just how difficult reaching this balance is proving to be. The Employment Non-Discrimination Act (“ENDA”), a bill that would for the first time impose a federal ban on workplace discrimination based on sexual orientation or gender identity, was approved by the Senate last November by a 64-32 vote.1 The sponsor of the bill, Senator Jeff Merkley, D-Ore, described the bill’s passage as a “historic vote for equality and freedom.” Merkley stated that “No one should be fired for who they are or who they love.” (more…)

Due to the recession, unemployment insurance (UI) claims significantly increased. UI claims weren’t the only thing to increase, however. The percentage of estimated UI benefit overpayment also increased.1 In light of these and other spending issues, in late 2009, President Obama signed Executive Order 13520 to strengthen efforts to eliminate improper payments in programs administered by the federal government. In response, the DOL focused on the UI Program in which it is tasked with monitoring and followed up with a Call to Action in 2011 to ensure that payment integrity remains a top priority. This resulted in Congress passing the Unemployment Insurance Integrity Act (the “Act”). (more…)

For the first time since 2002, Thanksgiving will fall on the last week in November, which is as late as possibly allowed.  A preliminary Thanksgiving weekend shopping survey suggests that up to 140 million people plan to or will shop over the Thanksgiving weekend.  Of those, nearly one-quarter (23.5%) or 33 million plan to shop on Thanksgiving day according to the National Retail Federation 2013 holiday spending survey.  Black Friday will be the biggest day of the weekend, with approximately 97 million shoppers. (more…)

Many groups that have lobbied for change as it relates to home care aides seem to have received some victory.  Specifically, the Labor Department announced a Final Rule on September 17, 2013 that extends overtime and wage protection to domestic service employment, particularly home care workers who provide essential home care assistance to elderly people and people with illnesses, injuries, or disabilities.  The rule will affect nearly two million workers, but it does not take effect until January 1, 2015. Some question the true affect the rule will have on the pay for home aides because many are part-time workers.  But with the new requirements, domestic service workers now receive federal protection as it relates to wages and overtime pay. (more…)

Recently, the Fifth Circuit held that discharging a female employee because she is lactating or expressing breast milk constitutes sex discrimination in violation of Title VII.  The appellate decision vacated the District Court’s grant of summary judgment in favor of the employer after finding that discharging a female employee because she is lactating or breast-pumping is not sex discrimination.  The Fifth Circuit concluded that the EEOC had satisfied the requirements of the McDonnell Douglas inferential test for Title VII discrimination such that trial was warranted. (more…)