Civil Remedies Labor & Employment

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Mon General Hospital to Settle Discrimination Charge Filed By Female Employee Denied Benefits For Same-Sex Spouse

Employee Benefits No Longer Exclude Coverage for Same-Sex Spouses - MORGANTOWN, W.V. -- Mon General Hospital has agreed to conciliate a charge of sex discrimination filed by its employee, Kathy McIntire, alleging that...more

Breaking: Federal Judge Enjoins Implementation Of Part Of Fair Pay And Safe Workplaces (“Blacklisting”) Executive Order,...

On October 24, 2016, just one day prior to effective date of the Regulations and Guidance implementing the Fair Pay and Safe Workplaces Executive Order (collectively the “Rule”), Judge Marcia Crone of the U.S. District Court...more

Court Puts Blacklisting Rules On Hold - Federal Contractors Can Proceed As Normal For The Time Being

In a somewhat surprising development, a federal court in Texas blocked the government from implementing most of the federal contractor “blacklisting” rules that were slated to go into effect on October 25, 2016. The final...more

New CA Prevailing Wage Law Suspended by Federal Court!

PREVAILING WAGE LAW is California's "other" minimum wage. It requires workers to be paid union wages on publicly funded construction projects. But in recent years, the law in California has EXPANDED well beyond its initial...more

Schenker Inc to Pay $750,000 To Conciliate EEOC Class Investigation

CHICAGO - Schenker Inc., a global leader in the field of contract logistics services, has agreed to pay $750,000 to conciliate several charges of discrimination filed with the U.S. Equal Employment Opportunity Commission...more

Benchslap for Blacklisting Rule

Yesterday a federal court put a temporary hold on the Obama Administration’s so-called Blacklisting Rule. Associated Builders v. Rung. In a previous blog we described in detail the Administration’s Executive Order and...more

Court Grants ABC’s Preliminary Injunction Request in Case Challenging “Blacklisting” Executive Order

We recently reported on a lawsuit, filed by the Associated Builders and Contractor’s (ABC), challenging the “blacklisting” Executive Order and the implementing regulations. As we noted in our article, a ruling by the Court on...more

ABC Files Lawsuit Challenging “Blacklisting” Executive Order

As we recently reported, the Federal Acquisition Regulatory (FAR) Council has published a final rule, effective October 25, 2016, implementing the Fair Pay and Safe Workplaces Executive Order (also known as the “blacklisting”...more

Contractor Blacklisting Rule Enjoined at the Last Minute

On October 24, 2016, a Texas judge issued a preliminary injunction in a case challenging the so-called contractor blacklisting rules, which were scheduled to take effect today, October 25. The final regulations, which the...more

A Win for Federal Contractors, Court Temporarily Enjoins Enforcement of Key "Blacklisting" Rule Provisions

Late in the day on Monday October 24, 2016, a U.S. District Court Judge for the Eastern District of Texas granted a preliminary injunction against implementation of major and contentious provisions of the Fair Pay and Safe...more

ADA Allows Sleep Apnea Test for Obese Driver

Almost since the enactment of the Americans with Disabilities Act, motor carriers and drivers have clashed over the carriers’ ability to exclude drivers from service based on health issues. Many of these controversies have...more

Another $50 Million Shoe Drops: DreamWorks Settles Wage-Fixing Class Action

In the latest sequel to the ongoing legal drama, DreamWorks has agreed to pay $50 million to settle a class-action based on DreamWorks conspiring with other animation studios not to poach/hire one another’s employees....more

Prescribing the “minimum effective dose”

Drafting and enforcing post-employment restraints has a lot in common with good medicine. It is necessary to prescribe only the “minimum effective dose” – the amount necessary to produce the desired outcome with minimum...more

Federal Court Orders EPA to Evaluate Job Losses from Air Regulations

On October 17, the U.S. District Court for the Northern District of West Virginia ruled in favor of Murray Energy Corporation (Murray) in its section 321 suit against the U.S. Environmental Protection Agency (EPA). The court...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19516 - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America...more

Justice Department Seeks to Intervene in Lawsuit Alleging Race Discrimination and Retaliation by Pocomoke City, Maryland, the...

WASHINGTON - The Justice Department announced today that it has moved to intervene in Savage et al. v. Pocomoke City et al., a private lawsuit alleging race discrimination and retaliation under Title VII of the Civil Rights...more

Courts Split on Standing Issues in FCRA Suits After Spokeo

On October 5, 2016, two district courts came to opposite conclusions on whether putative class action plaintiffs had standing to bring claims based on prospective employers’ failure to comply with Fair Credit Reporting Act...more

OSHA Again Delays Enforcement Date for New Workplace Injury and Illness Reporting Rule

Seyfarth Synopsis: After a lawsuit was filed against OSHA challenging its May 2016 retaliation and recordkeeping rule, OSHA again delays the rule’s effective date. OSHA announced today that it has again delayed the...more

OSHA Pushes Back Enforcement Date for Anti-Retaliation Provisions Again

The Occupation Safety and Health Administration (OSHA) again delayed enforcement of the anti-retaliation provisions included in the revised recordkeeping regulation, 29 CFR Part 1904, until December 1, 2016. OSHA delayed...more

Challenge To The Fair Pay And Safe Workplaces (“Blacklisting”) Rule To Be Heard On October 21, 2016

On October 7, 2016, the first lawsuit challenging the Fair Pay and Safe Workplaces Executive Order (the “Order”) and its Final Rule and Guidance (collectively the “Rule”) was filed in the U.S. District Court for the Eastern...more

McDonald's to Pay $56,500 to Settle EEOC Disability Discrimination Suit

Belton, Mo., Eatery Refused to Interview Deaf Applicant, Federal Agency Charged - ST. LOUIS -- McDonald's Corporation and McDonald's Restaurants of Missouri will pay $56,500 and furnish other relief to settle a...more

Update on Legal Challenges to New FLSA Overtime Regulations

As you might recall, last month we wrote about the legal challenges that have been filed against the U.S. Department of Labor’s new regulations governing the “white collar” exemptions from overtime. In September, two such...more

US Doctor Held Individually Liable for Workplace Bullying

A Dallas County jury recently found a doctor liable for his workplace bullying, returning a $1.08 million verdict against the doctor and the clinic for sexual harassment, intentional infliction of emotional distress, and...more

The Supreme Court of Canada’s Fall Term: the Internet Court?

The Supreme Court of Canada’s Fall term, which began on October 3rd, could probably be labelled the “internet term”, with major cases involving both Google and Facebook. The Court will also be hearing a number of other cases...more

Ninth Circuit Substantially Reduces Punitive Award Against Walgreen

Things have been quiet in the world of punitive damages for the last few months, but two recent decisions substantially reducing punitive awards under the BMW/State Farm factors warrant mention. My colleague Miriam Nemetz...more

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