Employment Law Commentary, May 2008

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OFCCP Regulations Implementing Jobs for Veterans Act of 2003 Finalized by Nancy J. Purvis and Lloyd W. Aubry, Jr.

The EEO-related obligations associated with federal government contracting, including the requirement to

prepare and implement an Affirmative Action Plan (AAP), can be fairly characterized as byzantine. The most recent complication facing government contractors is the Office of Federal Contract Compliance Programs’ (OFCCP) recent publication of final regulations implementing the Jobs for Veterans Act of 2003 (JVA) at 41 CFR 60-300. Unfortunately, in publishing new regulations for veterans, OFCCP did not rescind the old regulations at 41 CFR 60-250 under the Vietnam Era Veterans’ Readjustment Assistance Act of 1974

(VEVRAA). Federal contractors now must determine which law applies and then must comply with the corresponding regulations. The purpose of this article is to provide a roadmap for that process.

AND:

Guard Publishing Company — Employees Do Not Have a Statutory Right to Use Employer’s Email System Under NLRA

Update–

In late December, 2007, the National Labor Relations Board issued its long-awaited decision in the above case and, by a 3-2 vote, adopted a narrower rule regarding the permissible parameters of lawful workplace non-solicitation policies. In doing so, the Board conformed its rule to two federal circuit court opinions that had refused to enforce two previous Board decisions. We reported on this case at our annual Update Seminars in early January 2008, and recently the NLRB’s General Counsel issued a report detailing implementation of this decision in subsequent NLRB enforcement actions.

(See article for more information).

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