A government contractor challenged a U.S. Department of Labor ("DOL") Office of Federal Contract Compliance Programs ("OFCCP") enforcement scheme in federal court as violating the United States Constitution. The contractor...more
12/6/2024
/ Administrative Law Judge (ALJ) ,
Article II ,
Constitutional Challenges ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Enforcement Authority ,
Federal Contractors ,
OFCCP ,
Removal For-Cause ,
SEC v Jarkesy ,
Wage and Hour
In the first known case to challenge California's legislative attempt to void noncompete agreements even for employees who do not live or work in California, the First Circuit Court of Appeals upheld the application of...more
In response to pressure from Congress, OFCCP has extended the deadline for contractors to object to disclosure of EEO-1 reports and opened the door for new objections....more
Texas, a traditionally employer-friendly state that seldom imposes requirements on employers that are more stringent than federal law, recently passed a new sexual harassment law that does just that. The law, which took...more
The Situation: A district court in the Fifth Circuit granted conditional certification under the Fair Labor Standards Act ("FLSA") to a class of allegedly misclassified truck drivers, analyzing certification using the widely...more
A Department of Labor rule provides that payments other than fixed salary are compatible with the fluctuating workweek method of calculating overtime pay under the FLSA.
The Department of Labor's Final Rule, which took...more
The Situation: The U.S. Supreme Court unanimously held that filing a charge of discrimination with the Equal Employment Opportunity Commission ("EEOC") is not a jurisdictional prerequisite to bringing a Title VII lawsuit. The...more
6/27/2019
/ Affirmative Defenses ,
Amended Complaints ,
Appeals ,
Charge-Filing Preconditions ,
Civil Rights Act ,
Equal Employment Opportunity Commission (EEOC) ,
Forfeiture ,
Fort Bend County Texas v Davis ,
Jurisdictional Requirements ,
Mandatory Claim-Processing Rules ,
Reaffirmation ,
Reasonable Accommodation ,
Religious Discrimination ,
Retaliation ,
Reversal ,
SCOTUS ,
Time-Barred Claims ,
Title VII ,
Waiver Rule ,
Wrongful Termination
The Situation: The United States District Court for the District of Columbia has set September 30, 2019, as the deadline for certain employers to submit EEO-1 Component 2 pay data for 2017 and 2018. Between now and then, the...more
5/22/2019
/ Administrative Procedure Act ,
Appeals ,
Data Collection ,
Department of Justice (DOJ) ,
EEO-1 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
OMB ,
Pay Data ,
Reporting Requirements ,
Summary Judgment ,
Wage and Hour
The Situation: Dallas City Council recently passed the "Earned Paid Sick Time" ordinance requiring private employers to establish and administer paid sick time policies to employees working in Dallas. The ordinance is similar...more