Average Hourly Earnings and Consumer Price Index Unchanged in September
The U.S. Bureau of Labor Statistics has reported that real average hourly earnings for all employees were unchanged from August to September. This result stems from no change in average hourly earnings combined with no change in the Consumer Price Index. Real average hourly earnings increased 1.2 percent from September 2018 to September 2019; the change in real average hourly earnings combined with a 0.3 percent decrease in the average workweek resulted in a 0.9 percent increase in real average weekly earnings over this period.
No More No Rehire Clauses in California Severance Agreements
In most jurisdictions, it is standard practice to include a “no-rehire” clause when negotiating a severance or settlement agreement. “No-rehire” clauses bar the departing employee from seeking future employment with the employer or one of the employer’s related entities. Although the use of “no-rehire” clauses is a common practice, California recently prohibited the practice and joined Vermont, which banned “no-rehire” provisions in 2018.
DISH Network Pays $1.25M to Resolve Disability Discrimination Allegations Related to Online Applications
DISH Network LLC will pay $1.25M to resolve a discrimination charge alleging that the company violated the Americans with Disabilities Act (ADA) in its online job application process, apparently by failing to provide reasonable accommodations. In addition to the monetary relief, DISH Network has agreed that job applications will continue to contain a prominent statement about the company’s willingness to provide required reasonable accommodations, including directions on how to request those accommodations during the application process. The Equal Employment Opportunity Commission (EEOC) stressed that real world anti-discrimination protections also apply to the virtual world. "Employers must ensure that all individuals with disabilities are given an opportunity to request an accommodation, even during the online application process," said EEOC District Director Elizabeth Cadle. "Employers should know that the EEOC has the same expectations of employers operating in the virtual world as in the real world."
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