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Former Contributors

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EEOC to Finalize Proposed Rules on the ADEA

November 15, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe proposed rules (or simply “Rules”) were published on 2/18/10, as reported in an Alert on 3/2/10. The Rules may be viewed at https://edocket.access.gpo.gov/2010/2010-3126.htm. The...

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EEOC Ordered to Pay Defense Legal Fees --- Again

November 15, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn a ruling on 10/26/11, Judge John E. Conway of the District Court of New Mexico ordered the EEOC to pay $140,000 in attorneys’ fees to Tricore Reference Labs for “frivolous,...

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LAW FIRM SUBJECT OF OFCCP RULES

November 15, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn a ruling by Administrative Law Judge (ALJ) Linda S. Chapman, the law firm of O’Melevny & Myers (or simply the “Firm”) was deemed a federal contractor subject to the provisions of...

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DOL Granted Summary Judgment by District Court in United Space Alliance V. Solis

November 15, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn November 14th, 2011 a D.C. District Court judge dismissed a complaint by United Space Alliance that OFCCP violated its 4th amendment and other rights by requesting detailed employee...

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Tinney V. New Haven: Ricci Act 2

November 03, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn a lawsuit filed in the District Court of Connecticut, Garry Tinney and six co-plaintiffs sued the City of New Haven and the International Association of Firefighters Local 825 for...

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Caviness Beef Packers Agrees to $600,000 Settlement with OFCCP

October 27, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe settlement was announced in a news release dated 10/20/11 on the OFCCP website (http://www.dol.gov/ofccp/). The allegation in this case is that Caviness was guilty of discrimination...

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PROPOSED CHANGES TO CURRENT POPULATION SURVEY (CPS) DISABILITY SUPPLEMENT

October 21, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn a release dated 10/19/11, the DOL announced proposed changes to the CPS Disability Supplement survey. The proposed changes are in accord with the Paperwork Reduction Act of 1995...

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Reverse and Remand on Residency Requirement for Non-Uniform Workers

October 18, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is Meditz v. City of Newark [2011 U.S. App. LEXIS 19670] decided on 9/28/11. The issue is whether a residency requirement for non-uniform employees adversely impacts white...

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Employee Misclassification Prevention Act Reintroduced in House of Representatives

October 18, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyFollowing closely on the heels of the joint DOL-IRS announcement to improve efforts to identify employer practices of misclassification (9/19/11 – see alert posted on 10/18/11),...

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DOL Announces Memorandum to Address Misclassification of Employees

October 18, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn a news release dated September 19,2011, DOL Secretary Hilda Solis announced an agreement between the DOL and IRS to improve efforts to identify employer practices of misclassification...

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SUPREME COURT HEARS ORAL ARGUMENTS ON MINISTERIAL EXEMPTION IN ADA & RETALIATION CASE

October 18, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC. At issue is the definition of “minister.” The oral arguments were on 10/5/11 and may be viewed at ...

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HAMPTON INN IN THE CROSSHAIRS OF THE EEOC --- AGAIN

October 18, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyAbout a year ago, the EEOC sued a Hampton Inn franchise for racial discrimination and retaliation (see http://www.eeoc.gov/eeoc/newsroom/release/9-30-10.cfm). This particular franchise...

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