On May 29, 2013, the Departments of Labor, Treasury and Health and Human Services released final regulations on nondiscriminatory wellness programs in group health plan coverage. The regulations largely follow the proposed...more
A hotel and resort company has been sued for discrimination by four former employees who allege they were fired because a recently installed executive felt they were too old....more
On May 6, 2013, Colorado Governor John Hickenlooper signed into law the Job Protection and Civil Rights Enforcement Act Of 2013 (Act), which amends the Colorado Anti-Discrimination Act (CADA), the state law prohibiting...more
In This Presentation: - DEFENDING AGAINST WORKERS’ COMPENSATION RETALIATION CLAIMS - EXEMPT/NON-EXEMPT CLASSIFICATION ISSUES UNDER FLSA - AGE DISCRIMINATION OVERVIEW - THE GOOD, THE BAD, AND THE UGLY IN...more
Panel of Experts Tells EEOC of Need to Clarify Interplay Between Programs, Anti-Discrimination Laws - WASHINGTON-Wellness programs are an increasingly common feature of employee benefits programs, and guidance is...more
Two Electricians Denied Jobs Because They Were Deemed to Be 'Too Old,' Federal Agency Charged - ALBUQUERQUE, N.M. - Western Energy Services of Durango, Inc. (WESODI) has agreed to pay $90,000 and furnish other relief...more
If you just received a charge of discrimination from the Equal Employment Opportunity Commission ("EEOC"), you are not alone. During the EEOC's 2012 fiscal year, 99,412 charges of discrimination were filed. ...more
Older Volunteer Firefighters Denied Service Credit Due to Ageism, Federal Agency Charged - NEW YORK - The Village of North Syracuse, the Town of Cicero and the Town of Clay have agreed to settle a class age...more
The Supreme Court may soon resolve a split among the appeals courts as to whether filing a charge under the Age Discrimination in Employment Act (ADEA) with the Equal Employment Opportunity Commission (EEOC) is the sole...more
The Supreme Court recently granted certiorari to consider the question of “[w]hether the Seventh Circuit erred in holding, in an acknowledged departure from the rule in at least four other circuits, that state and local...more
We have reported in past newsletters that, because the Age Discrimination in Employment Act is worded differently from Title VII and other discrimination laws, a plaintiff in an ADEA case must prove that age discrimination...more
“But-for” or “mixed motive” is a causation question not unknown to the U.S. Supreme Court. In Price Waterhouse v. Hopkins, 490 U.S. 228 (1989), a plurality held that the anti-discrimination provision of Title VII only...more
In Sims v. MVM, Inc., +2013 U.S. App. Lexis 1130 (11th Cir. 2013), the 11th Circuit Court of Appeals determined that the cat's paw theory of liability does not apply to the Age Discrimination in Employment Act (ADEA). Thus,...more
Over the years, Littler has provided periodic reports on significant cases, regulatory developments and other activities involving the Equal Employment Opportunity Commission (EEOC or “the Commission”). While such guidance is...more
College Pays $125,000 to 64-Year-Old Applicant - NEW YORK - Marymount Manhattan College has settled a lawsuit filed by EEOC alleging that it refused to hire a choreography instructor for a tenure-track assistant...more
On November 20, 2012, the IRS, DOL and HHS jointly issued proposed regulations under the Affordable Care Act building on existing HIPAA regulations of wellness programs. The new proposed regulations provide clearer guidance...more
We received a great response to the 2012 Employment and Labor Law Final Exam. Thanks to all of our clients and friends who participated this year. ...more
Federal Agency Charged Company Refused to Hire Miller Because of His Age - MIAMI - Bay State Milling, a major flour and grain producer, violated federal law when it failed to hire a man for a miller position in its...more
Employers should carefully prepare what they say to employees who they intend to terminate before actually saying it. Often, employers use terms that should be excluded from their vocabulary when in those delicate situations....more
As 2012 comes to a close, it is time to put your employment and labor law knowledge to the test with Nexsen Pruet’s second annual final exam. We will send out answers to the exam in two weeks. But before we send out the...more
Most employers these days know that they cannot set a mandatory retirement age for employees. This arcane practice runs directly afoul of the Age Discrimination in Employment Act (ADEA)....more
A year after Littler first examined how far an employer can go toward mandating wellness in the workplace, this 2008 Littler Report examines where we are a year later. As the leading source of medical insurance,...more
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