Agency Activity Archives - Page 12 of 18

EEOC Proposes Quotas for Disabled Affirmative Action under the Rehab Act

Darrell VanDeusen

02/25/2016

On February 24, 2016, the EEOC published a Notice of Proposed Rulemaking (NPRM) in the Federal Register describing specific actions that federal agencies must take to comply with their obligation to engage in affirmative action in employment for individuals with disabilities. The public now has 60 days (until April 25) to submit comments. EEOC has also published a question-and-answer document on the NPRM and a document providing background...

Kollman & Saucier

01/22/2016

Agency Activity, Employer Liability, Joint Employer, Wage & Hour

Earlier this week, the Wage and Hour Division (WHD) of the Department of Labor issued an Administrator's Interpretation No. 2016-01 (AI) on joint employment under the Fair Labor Standards Act (FLSA) and the Migrant Seasonal Agricultural Worker Protection Act (MSPA). The guidance reconfirms existing WHD policy, which identifies common scenarios in which two or more employers jointly employ an employee and are thus jointly liable for compliance....

Kollman & Saucier

01/13/2016

Agency Activity, Labor Law

The National Labor Relations Board recently heard two interlocutory appeals by McDonald’s that arise out of a sprawling case against it and a number of its franchisees. The General Counsel filed 61 unfair labor practice charges in 6 regions. The charges were brought against 31 parties (30 franchisees and the corporate franchisor) and allege 181 violations. The General Counsel did not allege that McDonald’s (the corporate franchisor) engaged in...

Kollman & Saucier

12/31/2015

Agency Activity, National Origin, Religious Discrimination

On the heels of the recent terrorist attacks in Paris and San Bernardino, EEOC Chair Jenny R. Yang recently issued a statement to “Address Workplace Discrimination Against Individuals Who Are, or Are Perceived to Be, Muslim or Middle Eastern.” Along with the statement, the EEOC released two “resource documents” to provide guidance to employees and employers on how to handle workplace situations involving discrimination against individuals...

Kollman & Saucier

10/23/2015

Agency Activity, Employment Discrimination, Sex Discrimination, Sexual Orientation

David Baldwin, a Supervisory Air Traffic Control Specialist at Miami International Airport, filed a federal lawsuit because he was denied a promotion to a permanent position as a Front Line Manager. The lawsuit filed under Title VII alleges that Baldwin was discriminated against because of his sexual orientation. While many state laws explicitly provide that sexual orientation cannot be the basis of an employment action, Title VII does not...

Kollman & Saucier

09/11/2015

Agency Activity

On September 11, 2015, the Department of Labor’s Office of Federal Contract Compliance Programs issued its Final Rule in response to Executive Order 13665. The Rule, which can be found here, is codified at 41 CFR Part 60 and becomes effective in 120 days. The Rule prohibits federal contractors (or subcontractors) with contracts (or subcontracts) worth over $10,000 from discriminating against employees (including supervisors) or job applicants...

Kollman & Saucier

09/01/2015

Agency Activity, Labor Law

In a move less surprising for its outcome than the breadth of its likely effects, President Obama’s NLRB adopted, by a 3-2 vote, a new standard for joint employers in Browning-Ferris Industries. Case 32-RC-109684 (Aug. 27, 2015). The aftershocks of the Board’s decision, which overturned three decades of stable case law, may very well revamp the landscape of collective bargaining. Section 8(a)(5) of the National Labor Relations Act (NLRA)...

Kollman & Saucier

07/29/2015

Agency Activity, Employment Discrimination

An individual who files a charge of discrimination with the EEOC or similar state agency is required to provide the agency with his or her contact information, including a mailing address and phone number, so that the agency can notify him or her of any developments, including the outcome of the charge. Current regulations require the individual to notify the agency “of any change in address and . . . any prolonged absence from that current address...

Kollman & Saucier

07/23/2015

Agency Activity, Employment Discrimination

An employee alleges a claim for discrimination based on sexual orientation but sexual orientation isn’t mentioned under Title VII. Does the employee have a viable Title VII claim? According to the Equal Employment Opportunity Commission’s (EEOC) recent opinion in Complainant v. Foxx, E.E.O.C., Appeal No. 0120133080 (7/16/15), the answer is “Yes.” In the view of the EEOC, “allegations of discrimination on the basis of sexual orientation...

Kollman & Saucier

07/16/2015

Agency Activity, Independent Contractors

On July 15, 2015, the Department of Labor (DOL), through its Wage and Hour Division, issued its first Administrator’s Interpretation (AI) of the year, and in more than a year (2015-1). AI 2015-1 focuses on the always complex issue of independent contractor versus employee classification under the Fair Labor Standards Act (FLSA). The DOL has not held back, at all. This AI makes clear the DOL has little tolerance for the concept of independent...

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EEOC Proposes Quotas for Disabled Affirmative Action under the Rehab Act

More On Joint Employer Status From The Department Of Labor

The NLRB's Big Mac Attack

EEOC Provides Guidance Regarding Muslim and Middle Eastern Employees

Sexual Orientation Discrimination Covered By Title VII?

New OFCCP Rule Will Prohibit Rules Limiting Salary Discussions

Obama NLRB Overhauls “Joint Employer” Standard

Plaintiff Bears Burden of Maintaining Correct Address with EEOC

EEOC Rules Discrimination Based on Sexual Orientation Violates Title VII

New DOL Guidance Makes The Independent Contractor A Rare Breed Indeed

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Category: Agency Activity

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