Agency Activity Archives - Page 13 of 17

NLRB ISSUES COMPLAINT AGAINST HOSPITAL FOR SCHEDULING ITS OWN EMPLOYEES

Peter Saucier

06/05/2015

One thing about which unions and employers ordinarily agree is that it is the right and obligation of management to manage. Employers want to manage and unions want to retain the right to claim that the employer did not manage when it should have done so. That makes a recent decision by the NLRB to issue a complaint against a hospital interesting. Armstrong County Memorial Hospital, No. 6-CA-144586, complaint issued 5/27/15. In 2014, licensed...

Kollman & Saucier

05/06/2015

Agency Activity, Wage & Hour

Secretary of Labor Thomas Perez reported on the Department’s blog yesterday that he has submitted a proposed revised rule to the Office of Management and Budget to address what President Obama believes are deficiencies in federal laws governing overtime pay. Working off the assumption that overtime pay rules have eroded over the years and that a high number of salaried workers who should be getting overtime are not eligible for overtime pay, the...

Kollman & Saucier

04/30/2015

Agency Activity, Supreme Court Decisions

On April 29, 2015, the Supreme Court unanimously vacated a Seventh Circuit decision holding that courts cannot delve into whether the EEOC satisfied the conciliation requirement of Title VII. The EEOC has a legal duty to try settling cases first, but the question before the Court was how much a court could peer into those negotiations to ensure that the EEOC acted in good faith. Ruling against the agency, the Court gave employers a new, albeit...

Kollman & Saucier

04/17/2015

Agency Activity, Disability & Leave

On April 16, 2015, the EEOC issued a Notice of Proposed Rulemaking ("NPRM") on how the ADA applies to employer wellness programs that are part of a group health plan. The NPRM will be published in the Federal Register on April 20, 2015, and the public will have a 60 day period within which to file comments. The EEOC may then revise the rule based on the comments before taking final action to implement it. Under Title I of the ADA, employers are...

Kollman & Saucier

03/11/2015

Agency Activity, Supreme Court Decisions, Wage & Hour

The Supreme Court has confirmed that federal agencies, including the Department of Labor (DOL), are exempted from the Administrative Procedure Act's formal notice-and-comment rulemaking requirements when changing interpretative rules, as explained in its unanimous decision Perez v. Mortgage Bankers Ass'n, No. 13-1041, (U.S. March 9, 2015). With this decision, the Supreme Court overruled the long established doctrine from Paralyzed Veterans of...

Kollman & Saucier

03/05/2015

Agency Activity, FMLA, Same-Sex Marriage

On February 25, 2015, the Department of Labor issued a Final Rule changing the definition of “spouse” under the Family and Medical Leave Act. The Final Rule impacts those individuals who entered into legal same-sex marriages in a state that recognizes same-sex marriage, but now reside in a state that does not. The prior iteration of the Rule defined “spouse” (29 CFR §§ 825.102 and 825.122(b)) based on the residency of the eligible...

Kollman & Saucier

02/24/2015

Agency Activity, Employment Discrimination

On February 20, the Fourth Circuit became the second jurisdiction to reject the EEOC’s most recent attempt to expand disparate impact race claims. In EEOC v. Freeman, the Fourth Circuit affirmed summary judgment in favor of an employer in a case involving a challenge by the EEOC to the use of criminal background and credit history checks in the hiring process. The decision marks the second time in less than a year that the EEOC’s tactic has been...

Kollman & Saucier

01/21/2015

Agency Activity, Employment Discrimination

Under what circumstances may a court scrutinize the EEOC’s claim that conciliation has failed? The Supreme Court recently heard oral arguments in Mach Mining v. EEOC to address this precise issue. No. 13-1019 (Jan. 13, 2015). Although the vast majority of employment discrimination claims each year are brought by private parties, the EEOC possesses authority under Title VII to sue employers on behalf of an aggrieved employee(s), but only after...

Kollman & Saucier

09/30/2014

Agency Activity, Labor Law

For the past six months, legal prognosticators (myself included) have told readers that when the NLRB issues a ruling in the Purple Communications case, we'd have a new standard for what restrictions, if any, employers may place on employee use of company email systems. On September 24, 2014, the Board issued its ruling. And the answer is ..... "check back with us later (probably after the November election)." Purple Communications provides sign...

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Email Updates

NLRB ISSUES COMPLAINT AGAINST HOSPITAL FOR SCHEDULING ITS OWN EMPLOYEES

DOL Announces Revised Overtime Regulations

Supreme Court Rules That Courts May Review Whether The EEOC Has Satisfied Its Duty To Attempt Presuit Conciliation

EEOC Issues Proposed Rule on Workplace Wellness Programs

Supreme Court Okays DOL's FLSA Interpretative Rule Change

Department of Labor Issues Revision To Definition of Spouse Under FMLA

Fourth Circuit Affirms Dismissal of EEOC Background Check Claims

Supreme Court to Determine Scope of Judicial Review on EEOC Conciliation Process

NLRB Defers Ruling on Legality of Employer Email Policies

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Category: Agency Activity

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