Enforcement Guidance

News & Analysis as of

NYC Lays Down Law (And The Wave Of The Future?) On Gender Identity Discrimination

We have seen a veritable maelstrom of controversy surrounding transgender rights and other gender identity issues in the past year, and especially in the last several weeks, with everyone weighing in on the subject from...more

What Employers Need to Know About the New York City Pregnancy Accommodation Enforcement Guidance

The New York City Commission on Human Rights has released enforcement guidance on the New York City Pregnant Workers Fairness Act identifying five categories of potential violations and emphasizing the need to engage in...more

Further Guidance on Criminal Graft and Bribery Released by Chinese Judicial Authorities

On April 18, 2016, two Chinese judicial authorities released an interpretation that provides further guidance on how criminal cases related to graft and bribery are handled in China effective immediately. The Supreme People’s...more

The New “Persuader Rule” and Its Impact on Manufacturers

The federal Office of Labor-Management Standards (“OLMS”) in the Department of Labor issued a Final Rule, on March 24, 2016, that significantly reinterprets the so-called Persuader Activities Rule. This rule represents the...more

DOL Suspends Filing of Certain Parts of Required Form LM-21 Reports

On April 13, 2016, the Office of Labor-Management Standards (OLMS) at the U.S. Department of Labor (DOL) issued a Form LM-21 Special Enforcement Policy announcement. Effective immediately, the policy is suspending the...more

Important Developments in Canadian Merger Control and IP Matters

KEY TAKEAWAYS - The Competition Bureau (Bureau) has obtained a significant remedy in a merger between non-Canadian companies that was not notifiable in Canada. Parties to non-Canadian transactions must keep in mind that...more

Hazard Communication Update: OSHA Releases Draft Guidance on “Data Evaluation for Weight of Evidence Determination”

The Occupational Safety and Health Administration has recently released a draft Guidance on Data Evaluation for Weight of Evidence Determination: Application to the 2012 Hazard Communication Standard. We had previously...more

New Jersey Court Finds Employer Improperly Required Employee to Submit to Fitness-for-Duty Exam

The Superior Court of New Jersey, Appellate Division recently held, in a case of first impression, that the Americans with Disabilities Act (ADA) permits a New Jersey employer to require an employee to undergo a...more

Fisher & Phillips Offers Comments On EEOC's Proposed Retaliation Guidance

Fisher & Phillips recently submitted comments to the Equal Employment Opportunity Commission (EEOC) regarding the agency’s proposed Enforcement Guidance on Retaliation. The comments reflect an effort by the firm to ensure...more

EEOC Guidance on Retaliation: An Unprecedented Interpretation of Federal EEO Law

This next installment of our ongoing series takes a closer look into the U.S. Equal Employment Opportunity Commission’s (EEOC) Proposed Enforcement Guidance on Retaliation and Related Issues. Last week, we discussed the...more

GIPS Guidance Statement on Broadly Distributed Pooled Funds and Potential Impacts

The CFA Institute recently released its Exposure Draft of the Guidance Statement on Broadly Distributed Pooled Funds (the “Proposed Guidance”) intended for firms that claim compliance with the Global Investment Performance...more

EPA Announces Enforcement Initiatives

After several months, initial publication in the Federal Register, and after receiving comments, the EPA announced seven National Enforcement Initiatives for 2017-2019 on February 18, 2016. Four previous initiatives have...more

EEOC Guidance on Retaliation: Make it Easier for Employees to Prove Their Case

This installment of our ongoing series on federal regulatory actions impacting employers examines the U.S. Equal Employment Opportunity Commission’s (EEOC) Proposed Enforcement Guidance on Retaliation and Related...more

Native Advertising: How Life Sciences Companies Can Manage The Associated Regulatory and Competitive Risks

Native advertising. Most of us have seen it. Some of us do it. What is it? Quite simply, it is advertising that is perceived and experienced quite like the content around it. ...more

NYC Commission on Human Rights Proposes Fair Chance Act Rules

On February 16, 2016, the New York City Commission on Human Rights (the “Commission”) published a Notice of Public Hearing and Opportunity to Comment on its proposal to amend its rules to establish certain definitions and...more

EEOC Retaliation Guidance, Part 3: A “Causal Connection” Checklist For Employers

This is the final installment of my analysis of the EEOC’s recently issued proposed Enforcement Guidance on Retaliation and Related Issues. Here are Part One (“You gotta be protected!”) and Part Two (“Was your employment...more

EEOC Revela Datos de Aplicación y Litigio Para el Año Fiscal 2015

Represalias, Discriminación Racial y el Acoso Persisten; Quejas de Discapacidad Aumentan - WASHINGTON - La Comisión para la Igualdad de Oportunidades en el Empleo de los EE.UU. (EEOC) reveló hoy un desglose detallado de...more

EEOC Releases Fiscal Year 2015 Enforcement and Litigation Data

Retaliation, Race Discrimination and Harassment Persist; Disability Charges Increase - WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) today released detailed breakdowns of the 89,385 charges of...more

Annual FCC CPNI Certification Due by March 1, 2016; Upcoming Open Internet Rules Will Soon Expand CPNI-Type Obligations to...

This is to remind our clients that the Federal Communications Commission’s (FCC) rules require every telecommunications and interconnected VoIP service provider (including wireless, cable telephony, and even paging and...more

EEOC’s Updated Retaliation Enforcement Guidance Seeks to Expand the Reach of its Anti-Retaliation Laws

Effectively responding to employee discrimination complaints by current employees without running afoul of federal and state anti-retaliation laws presents a slippery slope for all employers. In fact, retaliation complaints...more

EEOC Retaliation Guidance, Part 2: Was Your Employment Action “Adverse”?

What’s a “materially adverse employment action”? This is the second part in what should be a three-part series (it’s possible that we’ll need four) on the proposed Enforcement Guidance on Retaliation and Related Issues...more

EEOC Proposes Expansive Enforcement Guidance for Retaliation Claims

For the first time in nearly 20 years, the Equal Employment Opportunity Commission has issued proposed enforcement guidance regarding retaliation claims. According to the EEOC, the revised guidance is necessary in light of...more

Proposed Guidance Highlights the EEOC’s Continued Focus on Retaliation Claims

Employers face claims of retaliation at an increasingly alarming rate. Nearly 43% of all charges filed with the U.S. Equal Employment Opportunity Commission (EEOC) in FY 2014 included some allegation of retaliatory conduct....more

EEOC Retaliation Guidance, Part 1: You Gotta Be “Protected”!

The Equal Employment Opportunity Commission issued last week a proposed Enforcement Guidance on Retaliation and Related Issues that would update guidance issued in 1998. If you’re an in-house attorney or a Human Resources...more

NYC Employers Risk New Penalties in 2016: Gender and Caregiver Discrimination, Paying Freelancers

In December 2015, New York City lawmakers introduced or approved three important legal actions that will affect the City’s employers: (1) publication of enforcement guidance on gender, gender identity, and gender expression...more

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