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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 October 5th, 2011.The facts of the case are...

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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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CCE Submits Comments on Compensation Data Collection Tool NPRM

October 10, 2011

October 11, 2011 - CCE submitted the following comments on OFCCP’s NPRM for the proposed compensation data collection tool. These comments were submitted through www.regulations.gov.CCE Comments on Compensation Data Collection Tool

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Revised Proposed Scheduling Letter to be Posted on Regulations.gov

September 28, 2011

DCI has received an advanced copy of the revised proposed OFCCP scheduling letter, compliance check and itemized listing. The Office of Management and Budget (OMB) has completed its review of the revised letter and it will be published on ...

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OFCCP V. Manheim Auctions, Inc. - Part 2

September 28, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn a DCI Client Alert published on June 21, 2011, we reported ALJ Alan L. Bergstrom’s ruling in OFCCP v. Manheim Auctions Inc. [DOL OALJ, No. 2011-OFC-00005, 6/14/11]. The case involved...

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EEOC Files ADA Lawsuits Against Five Companies

September 20, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyI was struck while reading the news releases on the EEOC website (http://www.eeoc.gov) that five ADA lawsuits were filed in a span of less than two weeks (9/8/11 through 9/19/11). What’s...

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Ellis v. Costco - Dukes v. Walmart Revisited?

September 19, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn a ruling that should interest all employers facing class action lawsuits, the 9th Circuit, interpreting Dukes v. Walmart, overturned the main components of a class action lawsuit...

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GRANT V. METRO (PART 2)

September 19, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyI want to use this space to explain why Grant v. Metro is potentially a landmark case in the making. It’s a relatively lengthy story, so please bear with me. The story begins with the...

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Grant v. Metropolitan Government of Nashville and Davidson County, TN (Metro) - Part 1

September 19, 2011

Grant v. Metro was decided on August 26, 2011 by a divided three-judge panel of the 6th Circuit Court [2011 U.S. App. LEXIS 18054]. The case was recently summarized by Rich Tonowski of the EEOC. I’ve been waiting for this type of case since the...

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OFCCP SUES LEPRINO FOOD FOR ADVERSE IMPACT AGAINST BLACK, ASIAN & HISPANIC APPLICANTS

September 12, 2011

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe suit, announced on September 1, 2011, seeks back pay, interest for at least 270 class members and job offers for at least 17 of the original applicants under the threat of...

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