Agency Activity Archives - Page 13 of 17

Department of Labor Issues Revision To Definition of Spouse Under FMLA

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...

Darrell VanDeusen

09/23/2014

Agency Activity, Employment Discrimination

Any lawyer who has defended an employer sued by the EEOC knows that sometimes – not always – it can be a real challenge, facing an unrelenting assault by a government agency that seems bent on destruction. Sure, you might run into a private practice plaintiff’s lawyer who is uncivil, who is unwilling to discuss reasonable settlement terms, and whose mission in life is to ratchet up attorneys’ fees and/or drive the employer into bankruptcy....

Kollman & Saucier

09/05/2014

Agency Activity, Wellness Programs

Wellness plans have been around for quite some time, and in varying forms. Employers are, more often and with regularity, implementing some category of wellness plan for multiple reasons: healthier workforce, better attendance and productivity, higher morale, lower health insurance costs, and the like. Indeed, the Affordable Care Act permits employers to offer financial incentives to employees to encourage participation in these programs. The...

Kollman & Saucier

08/25/2014

Agency Activity, Employment Discrimination

On August 19, 2014, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued guidance concerning enforcement actions for gender or transgender discrimination. This guidance follows up on President Obama’s Executive Order 13672, which added gender identity and sexual orientation as protected categories in federal employment and contracting. The DOL guidance makes clear that the OFCCP – the agency charged with...

Kollman & Saucier

07/28/2014

Agency Activity, Labor Law

On July 24, 2014, a National Labor Relations Board ("NLRB") Administrative Law Judge ruled that Mercedes-Benz violated the National Labor Relations Act ("NLRA") by prohibiting distribution of literature in "team centers" inside its Vance, Alabama plant. Mercedes-Benz U.S. Int'l, Inc., No. 10-CA-112406. The ALJ held that because the "team centers" were used for both work purposes and as employee break and meal rooms, the car maker could not...

Kollman & Saucier

07/11/2014

Agency Activity, Supreme Court Decisions

As discussed recently, the Supreme Court’s decision in NLRB v. Noel Canning is expected to have significant ramifications for the NLRB (the “Board”) and the parties who previously appeared before the Board in 2012 and the first half of 2013, when the unconstitutional recess appointments of Members Block, Flynn and Griffin continued to leave the NLRB without a quorum. Richard Griffin, one of the three recess appointees who was since confirmed...

Kollman & Saucier

06/27/2014

Agency Activity, Labor Law, Supreme Court Decisions

As part of its end of term productivity, on Thursday, June 26, 2014, the Supreme Court issued its much anticipated decision in NLRB v. Noel Canning, regarding President Obama’s authority to grant recess appointments to fill vacant Board positions and avoid the Senate confirmation process of those Board members. The Noel Canning decision specifically involved President Obama’s recess appointments of Sharon Block, Terence Flynn, and Richard...

< 1 … 8 9 10 11 12 13 14 15 16 17 >

Email Updates

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

Congress Considering Bills for a More “Transparent” EEOC

Wellness Plans - No Good Deed Goes Unpunished?

DOL Issues Guidance Concerning Gender Identity and Transgender Status

Mercedes Denied the Luxury of Overly Broad No Solicitation Rule

NLRB General Counsel Offers Input on Practical Effects of Noel Canning

Supreme Court Issues Unanimous Decision, "Canning" Obama's Recess NLRB Appointments

Email Updates

Email Updates

Category: Agency Activity

Email Updates