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Restoring the Balance: Lessons from the Human Rights Appeal of Mihaly v Association of Professional Engineers and Geoscientists of...

We had earlier provided clients with a brief summary of the Mihaly decision on January 27, 2016. This article is a follow-up and includes some of the top lessons for regulators and their legal counsel. When it comes to...more

Get your student pilot certificate and commercial drone operator certificate sooner rather than later

As of April 1 individuals seeking their student pilot certificate must wait until the Transportation Security Administration (TSA) background checks are completed before receiving the certification, whereas prior to the...more

Employee Benefits & Executive Compensation Advisory: The ACA: New Concerns for Employer Plan Sponsors Under the Fair Labor...

The Affordable Care Act (ACA) anti-retaliation provisions have been in effect for several years, but have so far largely gone unnoticed. Now that employees can get financial assistance through the Health Insurance...more

U.S. Department of Education to Publish List of Institutions Requesting Title IX Waivers

The U.S. Department of Education (the “Department of Education”) announced last week that it will publish a searchable database that lists the names of higher education institutions that have applied for and/or have received...more

How Not to Regulate the Profession: Findings of Discrimination at B.C. Veterinary Body Offers Cautionary Tale

Brar v B.C. Veterinary Medical Association, 2015 BCHRT 151 (CanLII) (B.C. Human Rights Tribunal) The case of Brar out of British Columbia is remarkable, not only for its epic length (a titanic 1,601 paragraphs over...more

OSHA and FAA Sign Agreement on Protecting Airline Workers from Retaliation

The Occupational Safety and Health Administration (OSHA) and the Federal Aviation Administration (FAA) recently completed a Memorandum of Understanding (December 1, 2015), which will permit the sharing of information under...more

Nine U.S. Senators Urge Obama Administration to Issue Title III Website Regulations ASAP

In late December, nine Democratic senators (Edward J. Markey (D-Mass), Elizabeth Warren (D-Mass.), Sherrod Brown (D-Ohio), Cory A. Booker (D-N.J.), Barbara A. Mikulski (D-Md.), Richard Blumenthal (D-Conn.), Benjamin L. Cardin...more

OFCCP Reminds Us Men Can Be Victims Of Sex Discrimination, Too

The federal Office of Federal Contract Compliance Programs (OFCCP) recently filed an administrative complaint alleging hiring bias against men against AmeriQual, an Indiana company that manufactures portable meals for the...more

Labor & Employment News - Rare Employer Win After Public Hearing at the MCAD: But "What is the Price of Victory?

Having cases before the Massachusetts Commission Against Discrimination (MCAD) can be a very frustrating experience for employers. After a complaint is filed, the employer must file a position statement and then attend an...more

Court Finds School District May Have Violated Disabled Student’s Civil Rights

In T.B., et al. v. San Diego Unified School District (No. 12-56060, Amended 11/19/15), the United States Court of Appeals for the Ninth Circuit held that a reasonable jury could find the San Diego Unified School District...more

Justice Department Delays Web Accessibility Regulations For At Least Three More Years, Leaving Businesses in Turmoil

In an astonishing move, the Department of Justice (DOJ) announced that it will not issue any regulations for public accommodations websites until fiscal year 2018—eight years after it started the rulemaking process with an...more

EEOC Mourns Loss of Former Chair Jacqueline A. Berrien

WASHINGTON -- It is with great sadness that EEOC mourns the loss of former Equal Employment Opportunity Commission (EEOC) Chair Jacqueline A. Berrien, who passed away on Monday, November 9, 2015....more

Ninth Circuit: The EEOC Can Subpoena Extensive Employee Information

As our readers may recall, in November 2012, Judge G. Murray Snow of the U.S. District Court for the District of Arizona nixed a subpoena issued by the EEOC seeking employee pedigree information (name, address, telephone...more

Food and Beverage Law Update: October 2015

Labor and Employment - Plaintiff Wage and Hour Lawsuits Continue to Climb - Wage and hour litigation has become what some call the new "workplace revolution." Data from the Federal Judicial Center indicates that...more

Employment Law - October 2015 #2

Take the Cure: New California Law Permits Corrections of Wage Statement Violations - Why it matters: Employers may want to review their wage statements after Governor Jerry Brown signed a new law that permits them...more

HUD Charges Colorado Landlords with Violations of the Fair Housing Act

On October 7, HUD announced a September 24 Charge of Discrimination against a group of Colorado landlords for allegedly “steering” families with children to apartments located at the rear end of the apartment building, an...more

Ingles Solamente Reglas

English-only rules are not as common as they once were, but many employers still require employees to speak English only in the workplace. Justifications for these rules vary, but the Equal Employment Opportunity Commission...more

Christopher Green Selected as Director of EEOC's San Diego Local Office

SAN DIEGO, Calif. - Christopher Green has been selected as the new director of the San Diego local office for the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today. As of Aug. 23, 2015,...more

EEOC: Title VII Prohibits Employment Discrimination Based On Sexual Orientation

The recent U.S. Supreme Court decision in Obergefell v. Hodges struck down restrictions on marriage by same-sex couples, but it did not address other forms of discrimination based on sexual orientation, such as in employment....more

New OSHA Directive to Speed Up Resolution of Whistleblower Complaints Under OSH Act, Dodd-Frank, Other Laws

A directive to establish nationwide policies and procedures aimed at speeding up the resolution of “whistleblower” complaints handled by the Occupational Safety and Health Administration (OSHA) was issued on August 19, 2015....more

ABA seeks supervisory and enforcement standards consistent with Inclusive Communities

The American Bankers Association has sent a letter to the DOJ, Fed, OCC, FDIC, HUD and CFPB requesting confirmation “in interagency guidance, updated exam procedures, and where appropriate amended regulations that the...more

Proposed FAR Rules Impose Significant New Burdens for Government Contractors

On May 28, 2015, the Obama administration published proposed amendments to the Federal Acquisition Regulation (FAR) and related Department of Labor (DOL) guidance to implement the July 31, 2014, “Fair Pay and Safe Workplaces”...more

NLRB Judge Orders Reinstatement Of Employee Who Made Racist Taunts Toward African-Americans

The National Labor Relations Board promotes itself as a government agency that “safeguards employees’ rights,” but you would not know it from a recent ruling upholding racist statements made by union supporters on a picket...more

Website Accessibility: Department of Justice’s Filings in Lawsuits Give Warnings

For many years, the U.S. Department of Justice, an enforcer of the accessibility provisions (Title III) of the Americans with Disabilities Act, applicable to public accommodations, has dragged its feet on promulgating...more

Employment Flash - July 2015

The July 2015 edition of Employment Flash covers a number of developments, including: the U.S. Supreme Court's ruling that job applicants need only show that a religious accommodation was a factor in denying employment to...more

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