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

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

Fourth Circuit Rejects “Manager Rule” in Title VII Claims

On Monday, August 10, the Fourth Circuit rejected the application of the “manager rule” in the Title VII context, finding it “would discourage . . . employees from voicing concerns about workplace discrimination.”...more

Fourth Circuit Rejects “Manager Rule” in Title VII Cases

In an important recent decision, DeMasters v. Carilion Clinic, the Fourth Circuit determined that the so-called “manager rule” exception to federal anti-retaliation laws does not apply to employment cases filed under Title...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

One-Time Anomaly Or Potential Turning Of The Tides? A Review Of The Supreme Court's 2014-2015 Term

In a marked departure from the overwhelming success employers experienced before the Supreme Court in recent years, the less successful recently wrapped 2014-2015 term could be an indication that the judicial tides may be...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

California Employment Law Notes - July 2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...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

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 Presents: The Ghost of Violations Past

On May 28, 2015, the Department of Labor (DOL) issued proposed guidance for President Obama's infamous Executive Order 13673 – "Fair Pay and Safe Workplaces" (the Order). Although the stated purpose of the Order is "to...more

Proposed Labor Violation Reporting Rules Target Government Contractors

Proposal makes agency allegations of employment law violations reportable events that could result in denial of federal contracts or termination of existing contracts. Executive Order 13673 (the Order), signed by US...more

Employment Law - May 2015

U.S. Supreme Court Permits Narrow Review of EEOC Conciliation Process - Why it matters: The U.S. Supreme Court handed a victory—albeit limited—to employers when it determined that courts may consider the...more

Employers Beware! Government Agencies Are Out To Bust You For Misclassifying Your Employees As Independent Contractors

Both federal and state labor authorities are hot on the trail of companies who hire employees and call them “independent contractors.” The United States Department of Labor (DOL) has entered into a Memorandum of...more

DOL Issues Proposed Regulatory Changes To Sex Discrimination Rules For Federal Contractors

The United States Department of Labor (USDOL) has begun what is expected to be a year filled with regulatory changes by issuing its proposed new regulations regarding sex discrimination by federal contractors, which have not...more

Illinois Offers Greater Protections for Pregnant Workers

Employers should take note of the newly effective amendment to the Illinois Human Rights Act, which enhances protections for employees affected by pregnancy or childbirth, imposes accommodation requirements on employers, and...more

Lactation Discrimination and Accommodation Becomes a New Hot Topic for Federal Agencies and Courts

The recent pregnancy accommodation Guidance from the Equal Employment Opportunity Commission ("EEOC") makes it clear that discrimination against a female employee who is lactating or breastfeeding is illegal, in violation of...more

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