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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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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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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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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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6th Circuit Overturns Ruling in EEOC V. CINTAS

November 20, 2012

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyWe reported in an alert on August 20, 2011 that District Court Judge Sean F. Cox ordered the EEOC to pay 2.6 million dollars for attorneys’ fees and costs in the case of EEOC v. Cintas...

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FIELD STUDY SHEDS FURTHER LIGHT ON WAGE GAP

November 20, 2012

The study was published by Andreas Liebbrant and John A. List on August 23, 2012 and is entitled Do Women Avoid Salary Negotiations? Evidence From A Large-Scale Natural Field Experiment [NBER working paper #18511]. The first author graciously sent...

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