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 ...
You want my salary history? That's sex discrimination! Well, actually, it's a little more complicated. Kacy Coble of our Memphis Office has a great post over at FOCUS, our women's leadership blog, about the perfectly legitimate, non-discriminatory reasons why employers sometimes use salary history in setting pay -- and how alternatives may be even more unfair. As state and ...
Did you know that May is Mental Health Awareness Month? (Neither did I, but I do now.) Our beloved blogger Mallory Schneider Ricci is back at FOCUS, our women's leadership blog, with a post about mental health issues that affect women -- and men -- in the legal profession, and what they can do to take care of themselves.
The March-April Executive Labor Summary is out! David Phippen
Attention, H-1B employers! The Trump Administration announced this week that it would take a closer look at employers who use workers with H-1B visas. Elizabeth Joiner has the details in this Immigration Dispatch.
Sexual orientation discrimination does violate Title VII, appeals court says. This week's decision from the U.S. Court of Appeals for the Seventh Circuit is a first, and ...
The full U.S. Court of Appeals for the Seventh Circuit ruled yesterday that sexual orientation discrimination is indeed prohibited "sex discrimination" within the meaning of Title VII.
The decision was issued in the case of Hively v. Ivy Tech Community College of Indiana. A three-judge panel of the Seventh Circuit had found last year that Title VII did not prohibit sexual orientation ...
As we reported early this morning, the full U.S. Court of Appeals for the Seventh Circuit decided in Hively v. Ivy Tech Community College of Indiana that the prohibition in Title VII against discrimination based on “sex” encompasses discrimination based on sexual orientation. It is the first federal appellate court to do so, although recent decisions from other federal appeals ...
Franchisors received some encouraging news this week from President Trump's Acting Solicitor General, Nicholas Geale. Mr. Geale says that he prefers not to bring enforcement actions based on a theory that franchisors and franchisees are "joint employers." He also said that he hopes the U.S. Department of Labor will focus on helping employers to comply with the law and less on ...
Work card renewal for foreign workers gets easier. First, I neglected last week to include this Immigration Dispatch by Elizabeth Joiner on changes to the process for renewing Employment Authorization Cards (aka "work cards") that should make things easier for foreign workers. Please do read, and, Elizabeth, I apologize for the delay!
The November-December edition of Constangy's Executive Labor Summary is out! David Phippen has a good one (does he ever have any other kind?), including the current status of the U.S. Department of Labor's overtime rule (sick) and the Persuader Rule (still a pulse, but death is imminent), Secretary Thomas Perez's run for chair of the Democratic National Convention, and some dude in ...
This has been a weird year for me. (And, no, I'm not even thinking about the election!) But I have much to be thankful for, and I hope you do, too.
BREAKING THING TO BE THANKFUL FOR: Yesterday evening, the U.S. Department of Labor's new rule governing white-collar exemptions under the Fair Labor Standards Act was struck down by a federal judge in Texas. I'll have more on the decision ...
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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