Title VII Fair Labor Standards Act

Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII... more +
Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII has been subsequently extended to discrimination on the basis of pregnancy and sexual stereotypes and to prohibit sexual harassment. Title VII applies to all employers with fifteen or more employees including private employers, state and local governments, and educational institutions.  less -
News & Analysis as of

Employment Law - April 2016

Supreme Court Gives Stamp of Approval to Representative Statistical Evidence - Why it matters - In a closely watched case, the U.S. Supreme Court has ruled that the use of representative statistical evidence for...more

HR Managers May Be Held Personally Liable for FMLA Violations, and Second Circuit Formally Adopts Tests for FMLA Interference and...

In Graziadio v. Culinary Institute of America, the United States Court of Appeals for the Second Circuit1 ruled that a human resources director could be personally liable as an “employer” for violating an employee’s rights...more

The Employment Law Authority - January/February 2016

A federal appellate court recently held that an employer did not violate Title VII of the Civil Rights Act when it discharged an employee shortly after she informed her manager that she was pregnant. According to the Fifth...more

Every Vote Counts: The Scalia Legacy And The Future Of Employment Class Actions Before The Supreme Court

As we blogged earlier this week, the death of U.S. Supreme Court Justice Antonin Scalia on February 13 has sent shockwaves throughout the halls of power in Washington, D.C. The balance within the U.S. Supreme Court between...more

Employment Law Navigator – Week in Review: February 2016 #3

The death of Justice Antonin Scalia dominated the news over the long weekend. Whether you agreed with him or not, Justice Scalia’s impact on employment law was significant. From his scathing dissent in UPS v. Young to his...more

Employers Take Note: Federal Agencies Issue Wage & Hour and Retaliation Guidance

The start of the New Year has brought about a flurry of federal administrative agency activity, including guidance from the Department of Labor (DOL) on the joint employer standard to be used for wage and hour matters, as...more

Joint Employment Challenges Continue in 2016

The legal concept of “joint employment” exists when a person is employed by two or more entities, such that the employers are responsible, individually and jointly, to the employee for compliance with a particular statute or...more

Federal Court Decision Highlights Complexities of Laws Applicable to Pregnant Employees

As the laws governing the treatment of pregnant employees and new mothers continues to evolve, one recent decision from the United States District Court for the Northern District Alabama highlights the complexities that arise...more

Third Circuit Decides Two Precedential Employment Cases to Close Out November 2015

Over a span of two weeks at the end of last month, the Third Circuit Court of Appeals issued two key opinions concerning oft-scrutinized areas of employment law — rights attendant to employer-employee relationships and...more

Employment Law Navigator – Week in Review: December 7, 2015

‘Tis the season for holiday cheer and employer-sponsored celebrations. It’s a good time to heed the words of sage employment lawyers who want to help you avoid celebration-related complaints, charges and lawsuits. Last...more

Employment Law - November 2015 #2

California Supreme Court to Consider "Day of Rest" Law: Why it matters - The California Supreme Court has agreed to weigh in on the number of consecutive days an employee may legally work without running afoul of...more

Employment Flash - October 2015

SEC Adopts CEO Pay Ratio Rule - The U.S. Securities and Exchange Commission (SEC) recently adopted a final rule requiring public companies to disclose the ratio of annual pay of their chief executive to median annual pay...more

Employment Law - October 2015 #2

Take the Cure: New California Law Permits Corrections of Wage Statement Violations - Why it matters: Employers may want to review their wage statements after Governor Jerry Brown signed a new law that permits them...more

A Friendly Reminder from the EEOC—Don’t Toss Your Unselected Candidates’ Applications Just Yet

The EEOC recently filed suit against Coca-Cola Bottling Company of Mobile, asserting sex discrimination in violation of Title VII’s record retention provisions. The complaint alleges that Martina Owes applied in June 2010 for...more

“BLACKLISTING” OR “BAD ACTOR” Executive Order 13673

Officially known as the “Fair Pay and Safe Workplaces” Executive Order, Executive Order 13673 now consists of proposed guidance from the Department of Labor (“DOL”) and proposed regulations from the Federal Acquisition...more

State Employment Laws That Every Virginia Employer Should Know

Keeping track of the latest changes to federal employment laws, such as the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and the Fair Labor Standards Act (FLSA), to name just a few, is hard...more

The Second Circuit (Sort of) and the Fourth Circuit (Completely) Refuse to Apply “Manager Rule” to Title VII Retaliation Claims

The so-called “manager rule” addresses a concern that employers may face a “litigation minefield” if a manager whose very job duties required them to report discrimination complaints could later sue for retaliation if they...more

New York Court Conditionally Certifies Class of Entry-Level Female Sales Representatives in Collective Action Under Equal Pay Act

A New York district court magistrate judge conditionally certified a class of past and current entry-level female sales representatives of Forest Laboratories, Inc. and Forest Pharmaceuticals, Inc. under the Equal Pay Act....more

Fourth Circuit Rejects "Manager Rule" Exception in Title VII Retaliation Cases

Title VII of the Civil Rights Act of 1964 not only prohibits discrimination based on race, color, sex, religion, and national origin, but also prohibits retaliation against individuals who oppose unlawful discrimination or...more

A Reminder for Retailers: Risks Associated With Hiring Third-Party Workers

As the retail sector grapples with the many challenges of a perpetually evolving economy and an increasingly mobile, independent, and dynamic workforce, it has become common practice for retailers to engage third parties to...more

Doing the “Two Step”: Court Grants Stage One Conditional Certification Of EPA Collective Action

In a case we previously blogged about here where the Court refused to grant Plaintiffs’ request for equitable tolling on their claims under the Equal Pay Act (“EPA”), Magistrate Judge Michael Dolinger recently issued a...more

Blacklisting for Past Labor Violations -- Executive Order 13673

Officially known as “Fair Pay and Safe Workplaces,” Executive Order 13673 now consists of proposed guidance from the Department of Labor (DOL) and proposed regulations from the Federal Acquisition Regulatory Council (FAR). It...more

Fourth Circuit Decides Rule Exempting Certain Management Professionals from Retaliation Lawsuits Not Applicable under Title VII

Employers in the Fourth Circuit states of Maryland, North Carolina, South Carolina, Virginia and West Virginia must now be mindful that employees who deal with complaints of discrimination and harassment can point to that...more

Getting Releases Right

There are times when it makes sense to resolve an actual or potential employment law claim by paying something and getting a release from the employee. Paying severance in return for a release and waiver of claims isn’t...more

SuperVision Today - August 2015

Notes from the Chair and Executive Editor - Welcome to the third quarter edition of SuperVision Today, the quarterly e-newsletter published by Spilman's Labor & Employment Group... ...In this edition of SuperVision...more

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