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Class Claims by Prior WAL-MART V. DUKES Class Members Deemed Untimely

March 08, 2013

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is Phipps v. Wal-Mart, decided on 2/20/13 by Judge Aleta A. Trauger of the District Court for the Middle District of Tennessee, Nashville Division [2013 U.S. Dist. LEXIS 22684]....

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BILL INTRODUCED IN THE HOUSE TO THWART OFCCP REGULATIONS ON SECTION 503 OF THE REHABILITATION ACT

March 08, 2013

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe Bill was introduced by Congressman Rodney Alexander, Republican from Louisiana. The stated purpose of the bill is:

To provide that a certain proposed rule published by the Office...
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EEOC seeks public input for (QQP) for Investigations and Conciliations

February 14, 2013

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe notice was released on February 2, 2013 and be viewed at the eeoc.gov website (see http://www.eeoc.gov/eeoc/newsroom/release/2-12-13.cfm). The QQP is part of a strategic plan for...

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Social Networking Online Protection Act (SNOPA) Reintroduced in House

February 14, 2013

by Art Gutman Ph.D., Professor, Florida Institute of TechnologySNOPA was originally filed in April 2012 and died in the House Committee on Education and the Workforce. It was reintroduced on February 6, 2013 by the same actors as last year...

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OFCCP Issues Directive 306

February 14, 2013

The directive was issued on January 29, 2013 and is effective immediately (see http://www.dol.gov/ofccp/regs/compliance/directives/dir306.htm). The OFCCP endorses and builds upon EEOC guidance on criminal records in employment decisions issued on...

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GULINO v. BOARD OF EDUCATION OF NEW YORK CITY ACT V

February 14, 2013

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn what is becoming a long-running saga, Judge Kimba M. Wood of the Southern District of New York issued the latest of a series of rulings relating to certification of teachers in New...

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DEMOCRATIC LEGISLATORS REINTRODUCE PAYCHECK FAIRNESS ACT

February 14, 2013

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyWe’ve reported on the past attempts to enact the Paycheck Fairness Act (PFA) in at leaset a dozen Alerts. By design, the PFA would amend the Fair Labor Standards Act (FLSA) by, among...

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Battle Between US Security Associate (USSA) and OFCCP Continues

February 14, 2013

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyWe have twice reported on USSA’s battle with the OFCCP. In an alert dated July 12, 2012, USSA filed an administrative complaint against the OFCCP on grounds that it violated it’s 4th...

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OFCCP'S 2013 REGULATORY AGENDA: SECTION 503 AND 4212 TO BE RELEASED THIS SPRING

January 08, 2013

Most federal contractors have been eagerly awaiting news on the Section 503 and 4212 regulations that have been in the works for several years now. The future of the regulations relied upon the outcome of the 2012 presidential election. There was a...

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Gulino V. Board of Education of New York City Act V

January 08, 2013

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn what is becoming a long-running saga, Judge Kimba M. Wood of the Southern District of New York issued the latest of a series of rulings relating to certification of teachers in New...

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CLOUGHERTY PACKING CO. AGREES TO SETTLEMENT WITH THE OFCCP

January 08, 2013

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe settlement was reported in a news release dated December 18, 2012 and may be viewed at http://www.dol.gov/opa/media/press/ofccp/OFCCP20122228.htm#.UNnA146hDzJ. Clougherty Packing...

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Arizona District Court Limits EEOC'S Subpoena Request

January 08, 2013

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is EEOC v. McLane, decided on November 19, 2012 [2012 U.S. Dist. LEXIS 164920]. The facts are that a female employee (Damiana Ochoa) failed the Industrial Physical Capacity...

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