The United States Department of Labor Equal Employment Opportunity Commission

The United States Department of Labor is a federal executive department established in 1913 and headed by the Secretary of Labor. The Department's mission is to promote workers's general welfare and... more +
The United States Department of Labor is a federal executive department established in 1913 and headed by the Secretary of Labor. The Department's mission is to promote workers's general welfare and improve working conditions. less -
News & Analysis as of

It’s Back To The Future with the NLRB’s new “Joint Employer” standard

On August 27, 2015, the US National Labor Relations Board (NLRB or Board) issued its long awaited decision in Browning-Ferris Industries of California (Browning-Ferris) and, not surprisingly, returned employers to a pre-1984...more

How Will Browning-Ferris Change the Test for Joint-Employer Status for Union and Non-Union Employers?

In a ruling that will affect most business relationships and extends far beyond either labor law or the concept of employment generally, the National Labor Relations Board (“NLRB” or “Board”) issued a much awaited decision...more

[Webinar] How Will Browning-Ferris Change the Test for Joint-Employer Status for Union and Non-Union Employers? - August 31st,...

The NLRB is expected to release its long-anticipated decision in Browning-Ferris Industries of California, Inc. shortly, possibly today. This decision will likely mark a radical departure from the currently accepted standard...more

The NLRB Refuses to Require its General Counsel to Explain the Joint Employer Case Against McDonald's

The National Labor Relations Board continues the string of controversial moves in its unfair labor practice cases against McDonald’s. In December 2014, the NLRB’s General Counsel filed thirteen complaints naming the...more

Fifth Circuit Rejects SOX Whistleblower Claims Not Raised in Administrative Complaint; Adopts Liberal "Reasonable Belief" Pleading...

On July 31, 2015, the Fifth Circuit issued a decision that may have both a positive and negative impact on employers defending whistleblower retaliation claims under the Sarbanes Oxley Act (SOX). In this decision, the court...more

That is SO last week - August 2015 #2

Pay was the big deal last week. A divided Securities and Exchange Commission voted to approve the CEO Pay Ratio Rule. The new rule requires publicly traded companies to disclose the ratio of their chief executive officer’s...more

Employment Law - August 2015

California Sick Leave Law Gets Updates - Why it matters: California's Healthy Workplaces, Healthy Families Act just took effect on July 1 but Governor Jerry Brown has already signed into law tweaks to the statute....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

DOL and EEOC Offer Insight into How They Will Approach FMLA and Reasonable Accommodation Enforcement

This week, I had the pleasure of presenting with Department of Labor and EEOC officials on key developments out of Washington with respect to leave management and accommodations.  Our presentation was part of the...more

By the Numbers: The Summer of Employment Law

There’s no doubt that this summer is keeping human resources professionals and employment lawyers hopping. With new proposed rules on overtime, benefit coverage for married same-sex couples, a few birthdays, and ongoing data...more

Employment Law - July 2015 #2

DOL Proposes Major Overhaul of Overtime Rules: Why it matters - Expanding the scope of employees eligible for overtime, the Department of Labor (DOL) released its long-awaited new rules revising the white collar...more

Health and Welfare Benefits for Same-Sex Spouses after Obergefell: A New Mandate for Employers?

After last month’s decision by the U.S. Supreme Court in Obergefell v. Hodges, employee benefit plan sponsors may wonder whether Obergefell affirmatively imposes an obligation for employers to provide health, life,...more

That is SO last week - July 2015 #3

There’s just no rest for employment lawyers this summer. We had another exciting week. The biggest news was the EEOC’s ruling that Title VII prohibits discrimination on the basis of sexual orientation. The agency found that...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

OSHA Joins the Growing Support for Transgender Rights in the Workplace

With the increased government scrutiny of transgender issues in the workplace, employers should be careful not to discriminate against transgender employees and to treat them in accordance with their gender...more

Employment Law Newsletter - July 2015

In This Issue: - Employer Risks in Using Employment-Related Criminal Background Checks - DOL Releases Proposed Amendments to FLSA Overtime Regulations: Now is the Time to Reassess Compliance and Update Your...more

Employment Law - June 2015 #2

Joint Employers Can Be Liable for Employee Misclassification in California: Why it matters - Liability under the California Labor Code extends to joint employers that are aware of a willful misclassification of an...more

Fenwick Employment Brief - June 2015

Employer’s Motive, Not Confirmed Knowledge Of Accommodation Need, Is Basis Of Religious Accommodation Violation - Federal anti-discrimination laws (“Title VII”) prohibit an employer from refusing to hire a candidate to...more

Federal Financial Regulatory Agencies Release Final Diversity Standards

After lengthy consideration, six federal financial regulatory agencies—the Consumer Financial Protection Bureau, Office of the Comptroller of the Currency, Federal Reserve Board of Governors, Federal Deposit Insurance...more

DOL Revises Forms to Comply With EEOC Guidance Regarding GINA

The U.S. Department of Labor (DOL) has issued five new Family Medical Leave Act (FMLA) certification forms. When the DOL issued its March 2013 revision to the FMLA regulations, its primary purpose was to address the...more

Proposed Regulations and Guidance Issued for Executive Order on Fair Pay and Safe Workplaces

Although the regulations are not final and may change, government contractors should take steps now to prepare for the anticipated final regulations under the Executive Order. On May 28, the Federal Acquisition...more

DOL Releases Updated FMLA Health Care Provider Certification Forms - Employers: Begin Using the New Forms Immediately; Note the...

The U.S. Department of Labor (DOL) recently published updated health care provider certification forms for employers to provide employees who request leave under the Family and Medical Leave Act (FMLA) due to any one of the...more

OSHA’s New Guidance on Transgender Restroom Access: What Employers Need to Know

On June 1, 2015, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued guidance on the best practices for providing restroom access to transgender workers. The guidance’s core principle is...more

Employers Must Use New FMLA Forms from U.S. Dept of Labor

On May 27, the U.S. Department of Labor (DOL) published updated model Family and Medical Leave Act (FMLA) notices and certification forms. Copies of the updated forms, which should be used through May 31, 2018, are available...more

Affirmative Action Alert: Agencies issue proposals on "Fair Pay & Safe Workplaces" Executive Order

The Federal Acquisition Regulatory Council and the U.S. Department of Labor issued simultaneous proposals to implement President Obama’s Fair Pay and Safe Workplaces Executive Order. The Executive Order, signed last July,...more

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