Highlighted Posts

Posts from February 2016.

By Sean G. Williamson

The recent and unexpected death of Justice Antonin Scalia at a West Texas ranch may affect the decisions in several employment-related cases pending before the U.S. Supreme Court this term.  The nine-member body—now reduced to eight—faces a variety of controversial issues predicted to divide the Court along ...

By Max E. Bridges

On Monday, the U.S. Court of Appeals for the Sixth Circuit concluded that it has jurisdiction to review challenges to the “Clean Water Rule.” As previously detailed on this blog, the Clean Water Rule was promulgated by the Environmental Protection Agency (EPA) and the Army Corps of Engineers to clarify and expand the reach of ...

Steve Hall, an experienced patent lawyer and litigator, and member of Wyatt's Intellectual Property Protection & Litigation Service Team, was recently quoted in the February 2016 issue of The Lane Report.  The article, "Many Options to Protect Intellectual Property," draws upon the knowledge of local experts in the field and describes ...

By Michelle D. Wyrick

With retaliation again reigning as the most frequently filed charge with the Equal Employment Opportunity Commission (“EEOC”) and retaliation charges having doubled since 1998, the EEOC has proposed updated guidance on retaliation. It seeks input on its proposed guidance through February 24, 2016. Comments may be ...

By Amanda Warford Edge

The Equal Employment Opportunity Commission (EEOC) has long considered HIV infection to be a disability within the scope of the Americans with Disabilities Act (ADA). From 1997 to 2014, the EEOC received in excess of 4,000 charges alleging ADA violations based on HIV status. In 2014, the EEOC resolved 197 charges and ...

By Max E. Bridges

Yesterday, by a 5-4 vote, the U.S. Supreme Court issued a stay of the Obama Administration’s “Clean Power Plan,” regulations promulgated to limit CO2 emissions from the electric power sector.  A coalition of 27 states is challenging the regulations in the U.S. Court of Appeals for the District of Columbia; this is the first ...

By Michael D. Hornback

Like me, I am sure some of you have attended an over-the-top concert and thought “Who puts up these stages and all of these lights?”  More importantly, who are the poor souls that are relegated to taking all of this stuff down after the concert is over (which must feel like that never ending drive back to reality after a vacation ...

By George J. Miller

In the past two weeks there have been some important developments in the ongoing case against Browning-Ferris Industries of California (“BFI”).  Recall that in August 2015, the National Labor Relations Board issued a decision in a union election case filed by Teamsters Local 350 against BFI and its labor contractor, Lead ...

By Sharon L. Gold

Information gleaned from the EEOC, the DOL and the insurance industry can assist in analyzing what types of claims employers are likely to see in the coming years.

The most recent EEOC statistics reveal that in Kentucky, Indiana, Tennessee and Mississippi, the top filed charges with the EEOC were (in varying order depending on ...

By Leila G. O’Carra

On February 1, 2016, the EEOC published its proposal to add compensation data to EEO-1 submissions, starting in 2017.  Specifically, the new rule would require employers that are subject to EEO-1 reporting and that have 100 or more employees to supply data on employees’ earnings and hours worked.

Employee pay data will be ...

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