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Agency Activity

COVID-19 and the ADA

The EEOC issued on March 19, 2020 an FAQ entitled What You Should Know About the ADA, the Rehabilitation Act, and COVID-19 that contains important guidance for employers adjusting to the new reality presented by the COVID-19 pandemic. While the Americans with Disabilities Act (ADA) and the Rehabilitation Act continue to apply, they do not […]

EEOC Enforcement Data Shows Decrease In Overall Complaints For FY19

On Friday, the Equal Employment Opportunity Commission released its charge-filing statistics for fiscal year 2019, which began October 1, 2018 and ended September 30, 2019. Overall, the Commission received 72,675 charges of discrimination in FY19, down from 76,418 in 2018.  Not surprisingly, retaliation charges continued to make up a majority of claims at 39,110 or […]

DOL Rolls Out New and Proposed Rules Regarding FLSA Pay Requirements

The U.S. Department of Labor (DOL) recently took two actions implicating and potentially implicating, respectively, how employees are paid under the federal Fair Labor Standards Act (FLSA). A New Rule First, on September 27, the DOL issued a final rule on implementing the exemptions from minimum wage and overtime pay requirements for executive, administrative, professional, […]

Wells Fargo Learns That Hiring Matters Too

The U.S. Department of Labor has entered into a conciliation agreement with Wells Fargo & Co. to settle allegations that it discriminated in hiring on the basis of sex and race.  The Office of Contract Compliance Programs (OFCCP) found that  Wells Fargo (a federal contractor) had discriminated against 2,066 female applicants for positions as online […]

Department of Labor Opines That Gig Workers are Independent Contractors

On April 29, 2019, the Department of Labor’s (“DOL”) Wage and Hour Division issued an opinion letter (FLSA2019-6) stating that workers in the “gig” or “sharing” economy should be considered as independent contractors rather than employees.  This opinion letter, while limited to the specific facts of the anonymous company who requested it, has potentially wide-ranging […]

Some Fun Facts About The EEOC’s 2018 Charge Data

The EEOC released its 2018 charge statistics earlier this week.  Here are three key pieces of information to consider: Charge filings have decreased.  In 2018, the EEOC processed 76,418 charges, which represents more than a 9% decrease from 2017, a nearly 17% decrease from 2016, and a 23.5% decreased from the all-time high year of […]