In a case presenting a question of first impression in the federal courts of appeals, the Ninth Circuit has held that a prospective employer violates the Fair Credit Reporting Act (FCRA) when it procures a job applicant's...more
The Third Circuit recently held that the Age Discrimination in Employment Act (ADEA) permits disparate impact claims by older "subgroups" of workers within the law's protected 40-and-over class. Under the court's ruling,...more
The Equal Employment Opportunity Commission (EEOC) has issued guidance reminding employers that it is illegal under the Americans with Disabilities Act (ADA) and other laws to discriminate against an employee simply because...more
12/16/2016
/ Americans with Disabilities Act (ADA) ,
Disabilities ,
Disability Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
Hiring & Firing ,
Job Applicants ,
Job Promotions ,
Mental Health ,
New Guidance ,
Reasonable Accommodation
Federal contractors recently scored a significant victory when a preliminary injunction blocked much of the Fair Pay and Safe Workplaces rule from taking effect. The rule, based on a 2014 executive order, was issued in August...more
10/28/2016
/ Arbitration ,
Arbitration Agreements ,
Blacklist ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Due Process ,
Executive Orders ,
Fair Pay and Safe Workplaces ,
Federal Acquisition Regulations (FAR) ,
Federal Arbitration Act ,
Federal Contractors ,
Final Rules ,
First Amendment ,
Free Speech ,
Labor Law Violations ,
Pay Transparency ,
Preliminary Injunctions ,
Reporting Requirements ,
Sexual Assault ,
Sexual Harassment ,
Title VII ,
Wage and Hour
For the first time in more than four decades, the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) has revised sex discrimination regulations for federal contractors and subcontractors....more
6/17/2016
/ Corporate Counsel ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Gender Discrimination ,
Gender Identity ,
Gender-Based Pay Discrimination ,
LGBTQ ,
OFCCP ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Sex Discrimination ,
Title VII ,
Transgender
The Commonwealth Court of Pennsylvania held that members of a limited liability company (LLC) are employees of the LLC and are subject to Pennsylvania unemployment tax. The case, King’s Kountry Korner, LLC v. Dep’t of Labor...more
The U.S. Supreme Court on April 30 released its opinion in Mach Mining, LLC v. EEOC, stating that federal courts had the authority to review whether the Equal Employment Opportunity Commission (EEOC) fulfilled its duty to...more
In a closely watched case, a federal district court questioned the stance of the U.S. Equal Employment Opportunity Commission (EEOC) that a severance agreement and general release of claims offered to employees can violate...more
A federal district judge in Pennsylvania recently found that RadioShack’s method of computing overtime violates the Pennsylvania Minimum Wage Act (PMWA). In Verderame v. RadioShack Corp., the plaintiff brought a putative...more
President Obama used his executive powers as promised in his State of the Union address and signed an Executive Order that will increase the minimum wage to $10.10 per hour for individuals working under federal contracts. The...more
In an opinion that joins an emerging body of case law favoring employee privacy rights, a federal district court in New Jersey recently held that non-public Facebook posts are covered by the Stored Communications Act (SCA)....more
The U.S. Supreme Court yesterday issued two Title VII decisions favorable to employers. One case examined the definition of a supervisor under the anti-discrimination laws, and the other dealt with an employee’s burden of...more
6/25/2013
/ Adverse Employment Action ,
Discrimination ,
Harassment ,
Hiring & Firing ,
Mixed Motive Cases ,
Race Discrimination ,
Retaliation ,
SCOTUS ,
Supervisors ,
Title VII ,
Vance v. Ball State University
The U.S. Department of Labor (DOL) recently issued a notice seeking comment on its proposal to collect information about “employment experiences and workers’ knowledge of basic employment laws and rules” so that it can...more