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House of Representatives Inquires About DOL's Future Plans for LGBT

April 01, 2014

In a letter addressed to Secretary of Labor Thomas Perez, 19 Democrats from the House of Representatives inquired about the extent to which the Department of Labor (DOL) plans to include lesbian, gay, bisexual, and transgender (LGBT) individuals in...

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By Presidential Memorandum: Overtime Changes Brewing

April 01, 2014

The March 13, 2014 memorandum from President Obama to the DOL Secretary, Thomas Perez, sets the stage for additional revisions to the Fair Labor Standards Act. While no specific action is addressed, the Secretary is directed to propose revisions to...

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WILL THE EXECUTIVE ORDER RAISING THE MINIMUM WAGE HURT CONTRACTORS?

April 01, 2014

On February 12, 2014, President Obama issued Executive Order 13658, increasing the hourly minimum wage paid by federal contractors from $7.25 to $10.10. The minimum wage for tipped workers will also increase from $2.13 to $4.90 per hour. These rates...

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98 MILLION DOLLAR SETTLEMENT IN UNITED STATES v. NYC FIREFIGHTER CASE

April 01, 2014

We first reported on this case in an Alert on August 12, 2010. The case is interesting because it is a long-running adverse impact case that ultimately morphed into a disparate treatment case. Originally, the DOJ challenged two entry-level exams...

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District Court Judge Rules in Favor of OFCCP’s New Section 503 Rrule

March 21, 2014

A ruling was issued today by District Judge Emmet Sullivan in the case of Associated Builders Contractors, Inc. v. Patricia A. Shiu in the United States District Court for the District of Columbia (the ruling may be viewed here). Associated...

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ARE THE NEW 503 AND VEVRAA METRICS A PART OF THE DESK AUDIT?

March 17, 2014

One interesting and unanswered question, related to the new 503 and VEVRAA regulations, concerns what information would be required for submission to OFCCP as part of the desk audit. Because OFCCP’s scheduling letter defines what is required as part...

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Directive 307: A Year in Review

March 17, 2014

It has been more than a year since OFCCP rescinded its Compensation Standards and issued Directive 307. As a result of this protocol change, OFCCP adopted a new method for grouping individuals for the purposes of reviewing compensation data. These...

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VETS ISSUES NOTICE OF PROPOSED RULEMAKING

March 17, 2014

The Veteran’s Employment and Training Service (VETS) recently published a Notice of Proposed Rulemaking (NPRM) for the reporting requirements under VEVRAA, currently known as the VETS-100 and VETS-100A reports.

The most significant change is the...

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$26.1 Million Awarded to Fired Employee in Age Discrimination Case

March 17, 2014

The case is Nickel v. Staples Contract and Commercial, Inc. (Shegerian and Associates) decided on 2/27/14 in Los Angeles County Superior Court. A summary of the case may be viewed here.

As reported by the plaintiff’s attorneys (Shegerian and...

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Yet Another Social Media Disaster: Facebook Post By Family Member Violates Confidentiality Agreement

March 17, 2014

The case is Gulliver Schools v. Snay decided in the Florida District Court of Appeals on February 26, 2014.

Snay, a former headmaster at Gulliver Schools, sued for age discrimination under Florida State law after his contract was not renewed. The...

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New OFCCP Disability and Veteran Regulations Effective in Two Weeks!

March 11, 2014

As previously featured on this blog, OFCCP published the revised Section 503 and VEVRAA regulations on September 24, 2013. The effective date for all contractors to comply with subparts A, B, D, and E is 180 days from the date they were published,...

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¿Como Se Dice: Disability Self-Identification Form?

March 04, 2014

We have written about the positive changes made to improve the final OFCCP mandated disability self-identification form. The form is now available on OFCCP's website. The next logical question is will the OFCCP provide the form in additional...

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