In August, the Office of Federal Contract Compliance Programs (OFCCP) released major revisions to the regulations on the laws requiring federal contractors and subcontractors to engage in affirmative action for disabled individuals and veterans. Our lawyers, Richard Gerakitis, Ashley Hager and Jim McCabe, recently presented a webinar on the latest revisions to these laws. See the presentation below or click here for our advisory on the new regulations.
OSHA Update: Eleventh Circuit Rules a Supervisor’s “Rogue Conduct” Is Not Imputed to the Employer
In a bold move by the U.S. Court of Appeals for the Eleventh Circuit (which covers Georgia, Florida and Alabama), the Court has overruled the long-standing precedent of the Occupational Safety and Health Review Commission (“Commission”) that when a supervisor engages in safety-related misconduct, his or her “rogue conduct” is imputed to the employer.
Is your business compliant with Federal Labor Laws? DOL may soon have an app for that
The DOL recently announced that it is sponsoring a contest to develop a smartphone app that would allow customers to determine whether a certain business is compliant with federal labor laws.
OSHA, EEOC and other DOL-managed agencies often insist on a condition that resolutions of matters include a public notice on that agency’s website that denotes the agency’s prowess in securing a penalty or fine. If the DOL insists on such a condition as a means to provide data for this smartphone application, employers should consider the impact of this future recurring data affecting its scorecard on the app with its customers, clients or vendors.
Iowa Supreme Court affirms: not discriminatory to terminate attractive employee
After reconsidering it’s previous ruling – discussed here – the all-male Iowa Supreme Court issued a new opinion and affirmed that a boss could lawfully fire an attractive employee in order to allay his wife’s fear about potential adultery.
In its initial ruling, the court said that Dr. Knight terminated…
One-Year Extension for ACA Employer Mandate
We recently wrote an article (here) for our quarterly newsletter discussing the Affordable Care Act’s employer “play or pay” penalty, which requires applicable employers to provide health care coverage to certain employees or pay a penalty.
Iowa Supreme Court Reconsiders “Irresistible Employee” Ruling
The Iowa Supreme Court will reconsider its ruling regarding whether it was unlawful sex discrimination for a dentist to fire his assistant because she was “irresistible” and because the dentist’s wife viewed the assistant as a threat to their marriage. We previously reviewed the case and the Iowa Supreme Court’s…
Supreme Court Decides: Proving Retaliation Under Title VII
It was a busy day for the Supreme Court, and, in particular, with regard to the employment context. But, in its second decision of the day relating to Title VII, the Court issued another favorable ruling for employers.
In University of Texas Southwestern Medical Center v. Nassar, the Court was tasked with deciding the standard a plaintiff must meet to establish a retaliation claim under Title VII (e.g., a claim that the employer retaliated against the employee for engaging in protected activity — opposing an unlawful practice or participating in an investigation or filing an EEOC Charge).
Supreme Court Defines “Supervisor” for Title VII Purposes
The Supreme Court has just issued its decision in Vance v. Ball State holding that an employee is a “supervisor” for vicarious liability under Title VII only if she has the power given by the employer to take tangible employment actions against the victim. The Court defines “tangible employment action” to include actions that have a “significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits.”
HR Chat: 10 Questions with HR Law Matters
Name: Josalyn Gibson
Title: HR Director
Company: Southern Community Newspapers, Inc. (“SCNI”)
1. How many years have you been working in HR? 20 years.
2. Favorite thing about working in HR? Every day is different.
3. Best piece of advice you ever received about a career in HR? Never bring personal belongings into your office that you can’t take out in your purse.
Q&A With Evan Pontz, Troutman Sanders Partner & HRLawMatters Blogger
Another one of our lawyers has been profiled in a “Q&A” Session with Law 360. This time, the discussion was with yours truly, Evan Pontz, and it appears today in Law 360. Notably, it includes further conversation about the NLRB and its status in light of the Noel …
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