The Tenth Circuit Court of Appeals has closed the door on tip claims under a provision of the Fair Labor Standards Act (“FLSA”) and a Department of Labor (“DOL”) regulation for employees paid more than minimum wage. In Marlow v. The New Food Guy, Inc., 861 F.3d 1157 (2017), the court held that an employer…

In November 2016, the Equal Employment Opportunity Commission (“EEOC”) issued new guidance addressing national origin discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”). The EEOC characterizes national origin discrimination as discrimination because an individual (or his or her ancestors) is from a certain place or has the physical, cultural, or…

Preventing Future Headaches: The Importance of Written Job Descriptions Employers often underestimate the power of a well-written job description. Whether because their business is expanding too quickly or frankly, they have not thought about writing a job description, often times, written job descriptions get overlooked. But, in a recent Tenth Circuit case, a well-written job…

EEOC’s Proposed Revision of EEO-1 Reports to Include Pay Data On January 29, 2016, the United States Equal Employment Opportunity Commission (“EEOC”) announced it planned on revising the Employer Information Report (EEO-1). This revision would include collecting pay data from employers, including federal contractors, with more than 100 employees. The EEOC states that the new…

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