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EEOC & OFCCP UPDATE THEIR MEMORANDUM OF UNDERSTANDING

November 18, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyA new Memorandum of Understanding (MOU) between the EEOC and OFCCP was signed on 11/7/11 by EEOC Director Jacqueline A. Berrien and Patricia A. Shui and may be viewed at ...

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SUPREME COURT REFUSES TO HEAR APPEAL IN LUFKIN INDUSTRIES V. MCCLAIN

November 18, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe refusal to grant certiorari in this case was handed down on 11/14/11 (2011 U.S. LEXIS 8265). Ordinarily, refusal to grant certiorari is no big deal … indeed, it’s the norm, not the...

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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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