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Administrative Agency Labor & Employment Civil Rights

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.

Key California Employment Law Cases: October 2017

by Payne & Fears on

This month’s key California employment law cases involve disability discrimination claims and procedural issues related to workers’ compensation proceedings....more

The Bubbler: Holiday Edition

As we enter the holiday season, we gather around the bubbler to sing about a few of our favorite (and not so favorite) things in the world of employment and labor law. Unfortunately, they’re not as sanguine as raindrops on...more

Agency Heads Discuss Changes in Regulatory Direction During Federalist Society Panel

by Littler on

The current leaders of the Department of Labor, Equal Employment Opportunity Commission, and National Labor Relations Board addressed transitions and regulatory plans at their respective agencies at a November 16 forum. ...more

Does Your Website Comply With The ADA? Does It Even Need To?

by Pepper Hamilton LLP on

In the last few years, there has been an explosion in the number of cases being filed throughout the United States in which visually impaired or other disabled individuals claim that a company’s website violates the Americans...more

Does Your Website Comply With The ADA? Does It Even Need To? (PowerPoint Slides)

by Pepper Hamilton LLP on

In the last few years, there has been an explosion in the number of cases being filed throughout the United States in which visually impaired or other disabled individuals claim that a company’s website violates the Americans...more

October 2017: The Top 11 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. October was no...more

Employer’s Victory In Workers’ Compensation Proceeding Leads To Dismissal Of Discrimination Claims

A recent California Court of Appeal opinion reminds employers of the need to carefully monitor parallel workers’ compensation proceedings involving litigants who also have civil claims pending against the employer. Ly v....more

Trump Repeals DACA: What You Need To Know

by Butler Snow LLP on

Last week, the Trump administration announced the end of the DACA program. DACA, or Deferred Action for Childhood Arrivals, was an immigration policy program created in 2012 by the Obama administration that allowed certain...more

Could Barring Former Employees From Your Premises Lead To A Lawsuit?

by Fisher Phillips on

Hospitality employers open to the general public should be aware of a recent decision by the National Labor Relations Board (NLRB) with implications across the industry. In a 2-to-1 decision, the NLRB ruled that a hotel and...more

Department Of Labor Challenges ALJ’s Decision On Google’s Obligation To Respond To OFCCP Data Requests

In July, we reported that an Administrative Law Judge (“ALJ”) had ruled on OFCCP’s dispute with Google over the tech giant’s refusal to turn over certain documents in connection with a routine audit of Google’s headquarters....more

ALJ Narrows OFCCP’s Request for Google Employee and Pay Data

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Last Friday, an administrative law judge limited the amount of information that the OFCCP may seek from Google in its on-going compliance audit because the agency failed demonstrate relevance or justify the...more

Google Prevails, In Part (And For Now), In Compensation Data Dispute With OFCCP

On July 14, 2017, an Administrative Law Judge (“ALJ”) for the Department of Labor issued a Recommended Decision and Order (the “Opinion”) in the case brought by the Office of Federal Contractor Compliance Programs (“OFCCP”)...more

Administrative Law Judge Sides With Google in Denial-of-Access Case

by Ballard Spahr LLP on

In an advantageous decision for federal contractors, an Administrative Law Judge (ALJ) ruled last week that a demand by the Office of Federal Contract Compliance Programs (OFCCP) for pay data about Google employees was...more

“Civil” War At The Workplace: Enforcing Civility Rules In Light Of Federal Roadblocks

by Fisher Phillips on

Almost everyone would agree they prefer to work in a civil and respectful environment. Because of this, many employers have developed policies and training sessions to promote civil and respectful behavior in the workplace....more

WPI Insider Briefing: What Will the Second Hundred Days of the Trump Administration Hold?

by Littler on

From the workplace policy perspective, much of the focus of the first 100 days of the Trump administration was on confirming a new Secretary of Labor and reversing the Obama administration’s labor and employment agenda....more

ACA Retaliation Claim Survives Despite No Complaint About ACA Provisions

On April 28, 2017, the United States Department of Labor Administrative Review Board (“ARB”) allowed a whistleblower retaliation claim under the Patient Protection and Affordable Care Act (“ACA”) to proceed even though the...more

Following U.S. Supreme Court Review, Ninth Circuit Remands EEOC Subpoena Case

by Seyfarth Shaw LLP on

Seyfarth Synopsis: After the U.S. Supreme Court clarified in McLane Co. v. EEOC, No. 15-1248, 2017 U.S. LEXIS 2327 (U.S. 2017), that the scope of review for employers facing EEOC administrative subpoenas was the...more

President Trump's Budget Includes Proposed Merger of EEOC and OFCCP

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On May 23, 2017, the White House released its proposed budget for the 2018 Fiscal Year. Included in the proposal, which would impose deep cuts to many programs administered by the Department of Labor, was...more

First Impressions of the President's Proposed FY18 Budget for Labor and Employment Agencies

On May 23, 2017, President Trump released his Fiscal Year 2018 (FY2018) budget proposal—a more detailed and developed version (it’s nearly 1300 pages long) of the so-called “skinny” budget that was released in March of 2017....more

SC court awards Lowe's employee workers' comp disability benefits

by McNair Law Firm, P.A. on

Employee disabilities are becoming a common issue that employers must address. Short- and long-term disability plans employers often make available to employees, the Americans with Disabilities Act (ADA), and the varying...more

EEOC Orientation-Bias Guidance Stirs Controversy among Commentators

by Foley & Lardner LLP on

The public comment period for the U.S. Equal Employment Opportunity Commission’s (EEOC) proposed workplace harassment guidance closed last week. The EEOC’s broad definition of sexual orientation bias drew attention from...more

Supreme Court Limits EEOC Subpoena Power

by Fisher Phillips on

In a 7 to 1 decision, the U.S. Supreme Court ruled today that courts of appeals should largely defer to lower courts’ decisions when policing subpoenas issued by the Equal Employment Opportunity Commission (EEOC). By...more

N.D. Indiana: Employer Bears Burden of Proving Whistleblower Exhausted Administrative Remedies

On February 1, 2016, the Northern District of Indiana ruled in a case brought under the Federal Railroad Safety Act (FRSA) that whether a whistleblower has fulfilled relevant administrative requirements prior to filing suit...more

ALJ Rules that OFCCP Exceeded its Authority in Demanding Certain Employee Compensation Data from Google

by FordHarrison on

In January, the OFCCP filed an administrative complaint against Google for denying access to records in violation of applicable federal affirmative action laws and implementing regulations. The Administrative Law Judge (ALJ)...more

Executive Order Creating Steps for Regulatory Review and Reform Could Target Burdensome Employment Rules

by Littler on

On Friday, President Trump issued an executive order, Enforcing the Regulatory Reform Agenda ("the Order"), which calls for each federal agency to develop a regulatory reform task force to identify burdensome regulations for...more

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