The hearing on the lawsuit filed by the Office of Federal Contract Compliance ProgramsKMS against Google concluded on Friday, May 26, in San Francisco. As I’ve reported here, here, and here, the OFCCP is seeking historical pay data as well as names and contact information of approximately 21,000 employees.

The OFCCP believes that Google has “systemic compensation disparities ...

Happy Father's Day to all of our readers who are dads, who have dads, or who love one or more dads.

As most of our readers know, there has been a movement -- for which most of the credit goes to Ivanka Trump -- to get some type of paid leave for new parents. The original proposal advanced by President Trump when he was a candidate was for six weeks of paid maternity leave. Presumably, the idea was ...

And may it die quickly. The U.S. Department of Labor has taken formal regulatory action to rescind the Obama Administration's "Persuader Rule." The DOL has been enjoined from enforcing the rule since November 2016, but the latest action will presumably end it for good. Let's hope. David Phippen of our Washington DC Metro Office has the details in this Client Bulletin.

Mayor de Blasio ...

Just one calorie - not evil enough.

Satanic heavy-metal band Ghost is at risk of having its "evil mystique" ruined by some mundane employment-related disputes with former members of the band, according to an article in The Wall Street Journal. Since WSJ articles are behind a paywall, here is an excerpt:

Ghost, a Swedish heavy-metal band, built a cult following over a decade using demonic ...

Can a year-old rumor be enough to bring the OFCCP running? One administrative law judge says it can. Judge Lystra Harris recently ruled that, because of an oral complaint of discrimination, Mega Construction Project subcontractor Baker DC, LLC, must allow an earlyAlyssa Peters on-site by the Office of Federal Contract Compliance Programs.

To understand the problematic nature of the ruling ...

Every now and then, I am told that it's unfair for employers to take action against employees who misbehave off duty.

"No it isn't," I reply.

Although I wouldn't recommend firing everybody who gets in trouble away from work and outside work hours, sometimes the behavior is so awful that you just have to.

Exhibit A: Colleen Campbell, former news production employee and occasional ...

On November 23, 2016, we issued a Client Bulletin titled “Employers Can Breathe A Sigh of Relief Come December 1: Court strikes down overtime rule.”  But a new lawsuit in federal court in NewEllen Kearns Jersey puts a gulp in that sigh of relief.

Background

As previously reported, regulations that would have more than doubled the salary threshold for Administrative, Executive and ...

Trump DOL removes Obama DOL guidance on independent contractors, joint employment. On Wednesday, Secretary of Labor Alexander Acosta removed two Administrator's Interpretations on independent contractors and joint employment issued during the Obama Administration. Here is our Client Bulletin, which I wrote with Jim Coleman, co-chair of our Wage and Hour Practice Group. The ...

President Donald Trump has proposed to merge two of the primary government agencies focused on equal employment in the workplace – the Equal Employment OpportunityAngelique Lyons Commission and the Office of Federal Contract Compliance Programs.  Robin has discussed this proposed merger here, here, and here.

She's asked for input from the Affirmative Action team, so here it is.

The ...

As our readers know, discrimination against transgender individuals is often treated as sex discrimination under Title VII, as a form of unlawful "sex stereotyping."

But is it also a "disability" within the meaning of the Americans with Disabilities Act when an individual identifies with a gender other than his or her biological one?

Transgender individuals don't usually invoke the ...

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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