Government Contracting Labor & Employment Civil Rights

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EEOC Seeks More Pay Data

Most private employers with 100 or more employees, and certain federal government contractors with 50 or more employees, are required to annually submit “The Employer Information Report” (known as the EEO-1) to the Equal...more

EEOC Proposes to Collect Pay Data from Certain Employers

The Equal Employment Opportunity Commission (“EEOC”) recently proposed a revision to the Employer Information Report (“EEO-1”) that would require certain employers to submit aggregate data on employee pay and hours...more

Supreme Court Seeks Meaning in Falsity and Fraud in the False Claims Act

Oral arguments were heard Tuesday, April 19th by the U.S. Supreme Court in one of the most significant False Claims Act (FCA) cases the Court has dealt with in decades on an issue with very real impact on whistleblower suits...more

Louisiana Governor Institutes Sexual Orientation and Transgender Protections for State Workers and Contractors

On April 13, 2016, Louisiana Governor John Bel Edwards signed Executive Order No. JBE 2016-11 prohibiting discrimination or harassment by Louisiana state agencies against individuals based on their sexual orientation or...more

Equal Pay Day 2016:  Where Are We 20 Years Later?

April 12 2016 marked the twentieth anniversary of “Equal Pay Day,” which the National Committee on Pay Equity launched as a public awareness event in 1996 to symbolize how far into the year women must work to earn what men...more

Louisiana Governor Signs LGBT Discrimination Executive Order in Public Employment and Services

On April 13, 2016, Louisiana’s new governor, John Bel Edwards, signed an executive order protecting state employees and employees of state contractors from discrimination on the basis of race, color, religion, sex, sexual...more

Governor Wolf Signs Executive Orders Protecting LGBT State Employees and Contractors from Discrimination

Pennsylvania government employees and contractors are now protected from discrimination based on their sexual orientation, gender expression, and gender identity....more

U.S. Women’s Soccer Scores Visibility for Pay Discrimination

As our readers may have heard, the star members of the U.S. women’s soccer team filed a wage discrimination complaint against the U.S. Soccer Federation (USSF) with the Equal Employment Opportunity Commission (EEOC). In the...more

Fifth Circuit Provides Guidance on Who Has Standing to Pursue an FCA Retaliation Claim

In United States ex rel. Bias v. Tangipahoa Parish School Bd., — F.3d —-, 2016 WL 906227 (5th Cir. 2016), the Fifth Circuit provided guidance on the scope of individuals with standing to bring an FCA retaliation claim under...more

Retaliation Claim Survives Though False Claim Act Claim Is False

Roxanne Perkins was employed as a clinical supervisor of prior authorizations therapy at Wellcare Health Plans. When she returned from a leave of absence, she learned that Wellcare had instituted a new practice of approving...more

First District Tells Relators: Know Your Role in State Whistleblower Actions

Last week, the Florida First District Court of Appeal issued a decision of first impression confirming the controlling role that the Attorney General’s office plays in the life, or death, of a whistleblower action in Florida....more

Ninth Circuit Reinstates EEOC Case Against The GEO Group for Sexual Harassment, Retaliation in Arizona Prisons

Class of Female Staffers Abused at Correctional Facilities, Federal Agency Charged - PHOENIX - The U.S. Ninth Circuit Court of Appeals has reinstated a class sexual harassment and retaliation lawsuit filed by the U.S....more

DOL and EEOC to Make 2016 A Challenging Year for Employers

Members of the Fair Labor Standards Legislation Committee of the American Bar Association’s Section of Labor and Employment Law recently met. The meeting includes employer and employee advocates, as well as government...more

The New Jersey Senate Passes Proposed Equal Pay Legislation

On February 11, 2016, the New Jersey Senate passed Bill S992, which seeks to supplement New Jersey’s current equal pay law and amend the State’s Law Against Discrimination. As discussed in our previous blog post, similar...more

Hot Topics in Employment Law Seminar

On March 4, 2016, the Miles & Stockbridge Labor, Employment, Benefits & Immigration group presented its fourteenth annual Hot Topics in Employment Law seminar to an audience of over three hundred clients and members of the...more

Hospice Care Eligible Patient Certification is a “Condition of Payment” Under False Claims Act

In order to state a cognizable claim under the False Claims Act (“FCA”) on a false certification theory, a plaintiff must allege that a defendant failed to comply with a federal statute or regulation that was a “condition of...more

Federal Contractor Alert From the 5th Circuit: Disability Plaintiffs Need Not Be Employees

In a case of first impression, the Fifth Circuit Court of Appeals held that Section 504 of the Rehabilitation Act of 1973 permits employment discrimination suits by independent government contractors. In Flynn v. Distinctive...more

EEOC Proposes Addition Of Pay Data To EEO-1 Reports

The Equal Employment Opportunity Commission (EEOC) recently announced a proposed revision to the Employer Information Report (EEO-1). Current regulations require employers with 100 or more employees (including federal...more

What is The Status of OFCCP Jurisdiction Over Healthcare Providers?

In recent years, the U.S Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) has aggressively argued that healthcare providers that participate in one of three federal healthcare...more

OFCCP Sues B&H for Alleged Discrimination

Last week, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) filed an administrative lawsuit against B&H Foto & Electronics Corporation (“B&H”), a major New York-based electronics...more

Concerns Loom Over EEOC's Efforts to Obtain Data Targeting Discriminatory Pay Practices

Earlier this month Faegre Baker Daniels reported on the Equal Employment Opportunity Commission’s controversial proposed revisions to the Employer Information Report (EEO-1) Form which, if adopted, would require certain...more

Proposed EEO-1 Revisions Should Raise Concerns For Employers

On January 29, 2016, the EEOC publicly announced proposed revisions to the EEO-1 form that would require collecting pay data from employers required to file the EEO-1 (private employers with more than 100 employees and...more

What Will Be Required By the New EEO-1 Pay Data Collection and Reporting Provisions?

By now, we have all read about the Executive Action and related regulations proposed by the EEOC that will require companies with 100 or more employees (not just federal contractors) to report to the government how much they...more

Let’s Talk About Pay: New Requirements for Federal Contractors

Federal contractors—recheck your compliance because there is a regulation (effective January 11, 2016) implementing President Obama’s Executive Order 13665—Non-Retaliation for Disclosure of Compensation Information. The...more

The New EEO-1 Pay Reporting Burdens Employers

In conjunction with the seventh anniversary of the Lilly Ledbetter Fair Pay Act, the EEOC and Office of Federal Contract Compliance Programs (OFCCP) proposed employers of 100 or more employees additionally report employee pay...more

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