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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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Civil Rights Commission Holds Hearing on EEOC Enforcement Guidance Relating to Arrest/Conviction Records

January 08, 2013

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe hearing was held on December 7, 2012 in front of an eight-member panel that reports directly to the President and Congress. About 20 witnesses were heard. The discussion was, not...

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UNPAID FEMALE VOLUNTEERS DEEMED TO BE "EMPLOYEES"

December 21, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is Volling v. Antioch Rescue Squad, decided on December 4, 2012 by District Court Judge John J. Tharp, Jr. in the Northern District of Illinois, Eastern Division [2012 U.S. Dist...

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Pay Equity Voluntary Compliance & Monitoring Tips From OFCCP Senior Staff

December 21, 2012

On Nov. 15, 2012, OFCCP’s Senior Program Advisor Pam Coukos and Mid-Atlantic Regional Director Michele Hodge presented at the Washington Metro Industry Liaison Group (WMILG) meeting. Baltimore District Director Tom Wells and Arlington Area Director...

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Entergy Services 4th Amendment Challenge to OFCCP Denied on Technical Grounds

December 21, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyWe’ve seen this play before. We reported on USSA’s 4th Amendment challenge in an alert posted on July 17, 2012, and the results of that challenge in an alert posted on 9/24/12. In that...

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Supreme Court Hears Oral Arguments in Racial Harassment Case

December 21, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is Vance v. Ball State University and the issue is the definition of supervisor. Oral arguments were held on 11/26/12.

The facts of the case are that Maetta Vance, the only...
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OFCCP Names New Director for Northeast Region

December 19, 2012
The OFCCP recently hired Diana Sen to head the Northeast Regional Office.

Diana Sen is an Associate Counsel for Latino Justice PRLDEF, formerly the Puerto Rican Legal Defense & Education Fund in New York where she heads their Southeastern U.S....

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