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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
Earlier this month, the National Labor Relations Board issued two decisions rejecting procedural motions filed by McDonald’s, USA in the pending unfair labor practice cases filed against it and certain McDonald’s franchisees. As background, in December 2014 the NLRB’s General Counsel issued 13 complaints involving ...
For nearly forty years, the Supreme Court’s decision in Abood v. Detroit Board of Education, 431 U.S. 209 (1977), has reigned. Under Abood, unions are permitted to collect agency fees from public employees who are not union members, as long as the fees go toward the costs of collective bargaining and not politics. But a group ...
By Douglas L. McSwain and Michael D. Hornback
Every business would like to avoid class actions. Even if an individual class plaintiff’s damages are small, aggregated damages across a sizable class can be staggering. Of late, businesses have utilized a defense strategy to offer the individually named class plaintiff(s) all of the relief ...