Military Labor & Employment Civil Rights

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U.S. Army Loses Battle to Regulate Bathroom Selection of Transgender (Civilian) Employee

On April 1, 2015, the EEOC ordered the Army to pay damages for discriminating against a transgender employee when it prevented her from using the common women’s bathroom and routinely demeaned her by calling her “sir” and...more

FMLA To Cover Legally Married Same-Sex Spouses Beginning Next Week: What This Means For Employers

Effective March 27, 2015, the U.S. Department of Labor’s regulations interpreting the Family and Medical Leave Act (“FMLA”) expand coverage to legally married same-sex spouses, even if the employee lives in a state that does...more

Weekly Update Newsletter - March 2015

GOVERNMENT CONTRACTS - GSA Issues Notice of Public Meeting and Request for Comment on Proposed Rule to Amend GSAR Transactional Data Reporting - The General Services Administration (GSA) issued a notice of...more

Military Leave of Absence and the Obligations of Connecticut Municipal Employers

When an employee gives notice of the need to take a leave of absence for military service, there are some questions that municipal employers will reflexively ask: Do we have to permit the leave? Must the employee be paid...more

“Reporting for Duty”: Employers May Face Extended Obligations to Reemploy Veterans with Post-Traumatic Stress Disorder under...

The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), 38 U.S.C. §§ 4301–4335, not only prohibits discrimination against employees and potential employees based on their military service, it also...more

Same-Sex Married Couples Now Have Equal Rights to FMLA Leave Regardless of Their Residence

March 3, 2015 Authors: Jean L. Schmidt The U.S. Department of Labor (DOL) has issued a Final Rule revising the regulatory definition of "spouse" under the Family and Medical Leave Act (FMLA) to ensure that same-sex married...more

2015 Virginia Employment Law Pocket Guide

In this Guide: - Employment At-Will - Right to Work - Employment of Children - Restrictive Covenants in Employment Contracts - Virginia Human Rights Act - Virginians with Disabilities...more

Don’t Forget the Veterans: Unique Provisions, High Stakes, and Liberal Judicial Interpretation Make USERRA Compliance a Battle

Because of the way the statute is drafted and how courts have interpreted it, employers of current members of the Armed Forces and veterans can sometimes find themselves with unexpected legal exposure under the Uniformed...more

South Carolina Legislative Update

We appreciate you following our updates and hope they have proved of value throughout the year. The update below is the last one for 2014 and we look forward to providing you with updates on the extensive deliberations and...more

OFCCP Self-ID and Equal Pay Tool Updates

Effective October 27, 2014, a new reporting form for veterans, the VETS 4212 Form, will replace the VETS-100A and VETS-100 Forms. The VETS 4212, which covered federal contractors and subcontractors will need to start using in...more

Gasp! VETS-4212 Final Rule Offers More Rules With Less Burden for Government Contractors

On September 25, 2014, the Department of Labor's Veterans' Employment and Training Service (VETS) agency published a Final Rule revising the reporting requirements under the Vietnam Era Veterans' Readjustment Assistance Act...more

Blog: OFCCP Releases New Scheduling Letter and Itemized Listing

More than three years after the Office of Federal Contract Compliance Programs (“OFCCP”) sought approval for a new Scheduling Letter and Itemized Listing, OFCCP published a notice in the Federal Register on September 30, 2014...more

OMB Finally Approves New Scheduling Letter And Itemized Listing

Three years after submitting its proposed revisions to the Office of Management and Budget, the Office of Federal Contract Compliance Programs announced yesterday that it has finally received approval for its revised...more

Ch Ch Ch Ch Changes: New VETS-4212 Report Means More Changes for Federal Contractors

Ch-ch-ch-ch-changes. David Bowie’s familiar refrain has become the motto of federal contractors everywhere as they struggle to keep pace with the numerous regulatory changes and enforcement initiatives currently being...more

From D-Day to Afghanistan: Honoring Our Veterans by Reemploying Them

Seventy years ago, on June 6, 1944, the Allies’ liberation of Europe began with D-Day. Anyone who has had the privilege to travel to Saint-Laurent-sur-Mer in France and walk Omaha Beach and the surrounding area is struck by...more

OFCCP Updates Its Frequently Asked Questions Regarding the Section 503 and VEVRAA Regulations

The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) issued regulations that became effective on March 24, 2014 governing affirmative action requirements for disabled individuals and protected...more

Whistleblower Retaliation at the Department of Veterans Affairs

The Department of Veterans Affairs has been assaulted from all sides in light of recent revelations regarding the quality of care and administration cover-ups. With the alleged misconduct so pervasive, it may seem surprising...more

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 42: Military Veterans And Their...

Veterans’ rights have always been a hot-button political issue, but it took several military conflicts for Congress to confront the employment rights of private sector military veterans. In the wake of Vietnam War, two wars...more

Court Approves USERRA Class Action Settlement Over Pension Contributions

A federal district court in Colorado recently approved a settlement agreement resolving class action claims brought under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The documents filed in support...more

Company Selling Assets Must Include Employees on Military Leave in List of Employees Available for Hire

The Uniformed Services Employment and Reemployment Rights Act (USERRA) provides broad protections to employees called for active military service. Last month, the Eighth Circuit Court of Appeals found that these protections...more

OFCCP’s Final Rules for Veterans and Disabled Become Effective

On March 24, 2014, the Office of Federal Contract Compliance Programs’ (“OFCCP’s”) final rules for individuals with disabilities under Section 503 of the Rehabilitation Act and for veterans under the Vietnam Era Veterans’...more

Government Contractors Face Expanded Affirmative Action Requirements

As its landmark initiative, the Obama Administration’s Office of Federal Contract Compliance Programs (“OFCCP”) issued expansive new regulations requiring government contractors to undertake greater efforts to employ...more

Don’t Forget Your Employees On Leave

Do you have an employee on long-term leave with a right to reinstatement? Is your business being acquired or bought out? Make sure you keep the employee in mind!...more

New OFCCP Rules Establish Hiring Benchmarks and Goals for Veterans and Qualified Individuals with Disabilities

Effective March 24, 2014 federal contractors and subcontractors subject to Section 503 of the Rehabilitation Act of 1973 (“Rehabilitation Act”) or the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (“VEVRAA”) must...more

VETS Issues Proposed Regulations Revising VEVRAA Reporting Requirements

The Veterans Employment and Training Service (VETS) has published a Notice of Proposed Rulemaking (NPRM) in which the agency proposes revising the regulations addressing reporting requirements under the Vietnam Era Veterans'...more

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