Agency Activity Archives - Page 15 of 16

Measuring Equality For All

Peter Saucier

08/30/2013

For years Americans have strived to protect individuals with disabilities and veterans from discrimination. If you can do the job, and do it well, you ought not be disadvantaged by a physical or mental impairment that does not interfere with your ability to do the job. Moreover, if you served your country in the military you ought not be treated unfairly. Now, the Office of Federal Contract Compliance Programs, a division of the Department of...

Darrell VanDeusen

08/26/2013

Agency Activity, Labor Law

Even though we now have the first complete NLRB in over a decade, the fallout from the Obama Administration’s recess appointments at the Board continue to percolate through the courts. A recent decision from a federal district court in Washington state has denied the Board’s petition for an injunction against an employer because acting general counsel Lafe Solomon’s appointment was “improper” and he lacked the power to authorize an...

Clifford Geiger

08/01/2013

Agency Activity, Employment Discrimination, State Law

Over the past two years, the Equal Employment Opportunity Commission has taken an increasingly narrow view of when employers can use criminal background information to exclude a job applicant. In April 2012, the EEOC issued Enforcement Guidance No. 915.002, which suggests that employers must conduct an individualized assessment of each job applicant’s criminal background and show “a demonstrably tight nexus” between the criminal...

Randi Klein Hyatt

07/23/2013

Agency Activity, Labor Law, Political Appointments

On July 18, 2013, the Senate confirmed Thomas Perez as labor secretary with a party-line vote of 54-46. Perez is currently the head of the Department of Justice Civil Rights Division and will replace Hilda Solis, who resigned from the top labor post in January 2013. Following his nomination in March, Republicans aggressively criticized Perez, citing to his alleged involvement in a quid pro quo arrangement between the DOJ and the City of St. Paul...

Darrell VanDeusen

06/18/2013

Agency Activity, Labor Law

The Fourth Circuit has agreed with the D.C. Circuit that the National Labor Relations Board exceeded its authority by promulgating a 2011 regulation that required employers to post a notice on worker rights in its recent decision in Chamber of Commerce v. NLRB, 2013 U.S. App. LEXIS 12034 (4th Cir. June 14, 2013). This decision affirmed the district court's opinion that the National Labor Relations Act does not authorize or empower the Board to...

Eric Paltell

05/09/2013

Agency Activity, Labor Law, Union Activity

On May, 7, 2013, the United States Court of Appeals for the D.C. Circuit held that the National Labor Relations Board lacked the authority to issue a 2011 rule which would have required all employers covered by the National Labor Relations Act (“NLRA”) to post a workplace notice to employees. The decision, National Association of Manufacturers v. NLRB, drove yet another stake in the heart of the Obama NLRB’s activist agenda. As...

Randi Klein Hyatt

03/13/2013

Agency Activity, Employment Discrimination

On January 29, 2013, the U.S. Department of Labor Office of Federal Contract Compliance Programs (“OFCCP”) issued Directive 306, “Complying with Nondiscrimination Provisions: Criminal Record Restrictions and Discrimination Based on Race and National Origin.” Effective upon its issuance, Directive 306 applies to all covered federal contractors and subcontractors, and requires contractors to carefully tailor the use of an applicant’s...

Darrell VanDeusen

02/07/2013

Agency Activity, FMLA

On the 20th Anniversary of the Family and Medical Leave Act (FMLA), the DOL issued its final regulations on Servicemember FMLA and on Flight Crew eligibility. There was little outcry about these changes to the regulations. The changes take effect 30 days from their publication in the February 6, 2013 Federal Register, which republished all of the FMLA regulations, as well as the changes. You can find them through this...

Eric Paltell

11/07/2012

Agency Activity, Disability & Leave, Employment Discrimination, Labor Law, Legislative Developments, Wage & Hour, Workplace Safety

With the results of the Presidential election now in, its time to answer a question I’ve heard from a number of clients today: what does President Obama’s reelection mean for employers? The short answer: you can expect to see a lot of blog posts from us about aggressive enforcement initiatives by the NLRB, DOL, EEOC, and other enforcement agencies. In this post, I’ll give you a high level overview of what I think we are going to see. NLRB:...

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Measuring Equality For All

NLRB Takes Another Hit

State Attorneys General Challenge EEOC Guidance on Background Checks

Thomas Perez Confirmed As Labor Secretary; New NLRB Nominees Named

Fourth Circuit Tosses NLRB’s “Worker Rights” Posting Requirement

NLRB Notice Rule Struck Down

New Federal Guidelines for Federal Contractors and Subcontractors in Considering Criminal Records

Department of Labor Issues Revised FMLA Regulations

Four More Years: What Does Obama's Reelection Mean for Employers?

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Category: Agency Activity

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