Employment

April 25, 2013
Gay Bias Ban Unlikely To Fly With House Lawmakers

U.S. lawmakers on Thursday reintroduced a long-pending bill that would bar employment discrimination on the basis of sexual orientation and gender identity, but attorneys say that despite increasing momentum in favor of gay rights, the legislation is unlikely to garner the support it needs to win approval from the conservative-leaning House.
April 25, 2013
Fla. Unemployment Provision Violates Civil Rights, DOL Says

Federal labor regulators have found Florida's requirement that applicants for unemployment insurance must apply over the Internet and take an online skills test is a violation of a civil rights law, according to a preliminary decision released Thursday.
April 25, 2013
SEC Staff Diversity Lagged In 2012, Report Finds

The U.S. Securities and Exchange Commission made some progress in 2012 to increase diversity among its staff, but the agency still lags behind the broader federal workforce in hiring women and minorities to key posts, according to a Wednesday report.
April 24, 2013
Vote On Labor Head Delayed After GOP Calls Up Whistleblower

A Senate committee vote on Thomas Perez's nomination to serve as labor secretary was postponed Thursday after a Republican senator invited a whistleblower to testify to a subcommittee about a case Perez allegedly stopped the government from supporting.
April 24, 2013
Texas House Passes State Version Of Ledbetter Act

In a narrow vote, the Texas House on Wednesday passed a bill that would bring state anti-discrimination laws in line with the federal Lilly Ledbetter Fair Pay Act, allowing the clock to restart with each paycheck for claims women are unfairly paid less than men doing the same work.
April 24, 2013
NFL Agrees To Tackle Gay Bias In Recruiting

The National Football League has agreed to emphasize its prohibition against discrimination based on sexual orientation, New York's attorney general said Wednesday, two months after young players reported being asked at a skills showcase whether they were gay.
April 23, 2013
Sen. Says GOP Inquiries Won't Slow Action On Labor Nominee

A spokeswoman for Sen. Tom Harkin, D-Iowa, said Tuesday that labor secretary nominee Thomas Perez had provided ample information for lawmakers to evaluate him, on the heels of a letter from Senate Republicans that sought to delay proceeding on Perez's nomination because of outstanding information requests.
April 23, 2013
Archdiocese Pulls Back Bid For Contraception Mandate Docs

The Roman Catholic Archdiocese of New York has withdrawn its request for Obama administration documents stemming from the Affordable Care Act's contraception mandate, the U.S. Department of Justice said in a Washington federal court filing Monday.
April 23, 2013
DOL Revises H-2B Wage Methodology After Legal Challenge

The U.S. Department of Labor released a rule Monday revising how it calculates prevailing wages for the H-2B temporary foreign worker program, in response to a March court decision that vacated part of a 2008 DOL wage rule that allegedly depressed pay for U.S. workers.
April 23, 2013
Pa. Lawmakers Float Stiffer Gender Pay Discrimination Fines

A group of Pennsylvania legislators on Tuesday introduced a law that would significantly increase fines that employers would face for violating the state's equal pay law prohibiting gender-based wage discrimination.
April 22, 2013
Fla. Gov. Calls For End Of Air Traffic Control Cuts

Florida Gov. Rick Scott wrote to President Obama on Sunday, urging him to take steps to prevent a federal furlough of air traffic controllers, saying the resulting delays will land a $19 million annual hit against the state's economy.
April 22, 2013
Early Cert. OK'd In Suit Over DOMA Immigration Benefits Ban

A California federal judge on Friday granted preliminary certification in a class action challenging the preclusion of immigration benefits to binational couples in same-sex marriages called for under the Defense of Marriage Act.
April 19, 2013
Airline Groups Sue FAA To Block Controller Furloughs

Trade associations representing the U.S. airline industry said Friday they had sued the Federal Aviation Administration in an attempt to block the government's plan to furlough air traffic controllers as part of mandated budget cuts.
April 19, 2013
Boston Bombing Bears On Immigration Bill Debate, Sen. Says

A senior Republican senator said that the Boston Marathon bombing should factor into debate over a comprehensive immigration reform bill at a hearing Friday on the proposed immigration overhaul, injecting a new wrinkle into the already heated political debate over the proposed legislation.
April 18, 2013
Immigration Reform Bill Offers Employers A Mixed Bag

Employers will have much to celebrate if the sprawling immigration reform bill proposed this week becomes law, including better access to qualified foreign workers, but attorneys said Thursday that businesses were also likely to see increased enforcement stemming from mandatory E-Verify and face new challenges in the hiring process for highly skilled foreign nationals.
April 18, 2013
Altering Retirement Age For Pa. Judges Gets Another Backer

A Pennsylvania legislative panel heard testimony Thursday on one of several competing measures, as well as a pair of state and federal lawsuits, that would change the mandatory retirement age for state judges who are currently forced by law to step off the bench at the end of the year of their 70th birthdays.
April 18, 2013
Labor Nominee Denies 'Quid Pro Quo' In St. Paul FCA Case

Labor secretary nominee and U.S. Department of Justice civil rights division chief Thomas Perez told a Senate committee Thursday that the DOJ's decision not to intervene in qui tam litigation that allegedly could have recovered $200 million for taxpayers was made because the case was weak, not because of an alleged "quid pro quo."
April 17, 2013
NJ Saved $232M Fighting Unemployment Fraud: Labor Chief

The commissioner of New Jersey’s labor agency told a Senate committee on Wednesday that his agency’s measures to crack down on unemployment fraud have saved the state $232 million, as state lawmakers consider even stricter measures to eliminate waste from the unemployment benefit system.
April 17, 2013
Fla. Senate Panel Clears Bill To Strengthen State FCA

The Florida Senate Rules Committee on Wednesday approved a pair of bills designed to modernize the Florida False Claims Act, in part by providing law enforcement with subpoena power for non-Medicaid fraud cases.
April 17, 2013
'Gang Of 8' Introduces Landmark Immigration Reform Bill

A bipartisan group of eight U.S. senators on Tuesday introduced the Border Security, Economic Opportunity and Immigration Modernization Act of 2013, an 844-page bill that aims to bolster border security and seeks to provide some of the nation’s 11 million undocumented people with a path to citizenship.

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Expert Analysis

9th Circ. Leaves Broughton-Cruz Hanging

The Ninth Circuit decision in Kilgore v. KeyBank NA leaves open the question of whether and to what extent California's Broughton-Cruz rule survives the U.S. Supreme Court decision in AT&T Mobility LLC v. Concepcion. It also suggests additional guidance to maximize enforcement of arbitration agreements and class action waivers, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.
How To Navigate Federal Affirmative Action Compliance

The Office of Federal Contract Compliance Programs recently has increased the frequency and intensity of its affirmative action audits. It is essential that federal contractors and subcontractors be familiar with the 16 mandatory — and not-so-easy — steps for federal affirmative action compliance, and document all efforts to comply with them, says Christina Lewis of Hinckley Allen & Snyder LLP.
Don't Let Your Plaintiff Get Away In CEPA Cases

New Jersey's Conscientious Employee Protection Act is a powerful anti-retaliation statute, providing an array of significant remedies to an aggrieved party. However, as taken from Hitesman v. Bridgeway Inc., with great power comes great responsibility, including the important gatekeeping functions of trial courts in cases brought under the act, says Lawrence Del Rossi of Drinker Biddle & Reath LLP.
5 Arbitration Assumptions That Aren't Always True

Arbitration is often thought to be preferable to litigating in court, and in some circumstances, it may be. Deciding to arbitrate, however, should be the result of a careful analysis of the benefits and disadvantages. That analysis requires examining some common perceptions, say Frank Emory and Rita Davis of Hunton & Williams LLP.
Get The Latest Employment Updates — For Your Clients' Sake

The recent ruling by the California Court of Appeal in Harris v. Bingham McCutchen LLP highlights both employment law’s perpetual fluidity and the crucial importance of staying up to date on emerging issues and developments. Employers should note that using outdated or boilerplate language when drafting employment arbitration clauses may expose clients to significant risk, says Brian Lauter of Robins Kaplan Miller & Ciresi LLP.
No Mercy From IRS On Section 409A Compliance

Big Brother is paying attention to how you value your company’s stock for purposes of granting stock options, as evidenced by Sutardja v. United States, in which the U.S. Court of Federal Claims recently confirmed that Section 409A applies to discounted stock options. This case highlights the need to ensure that a determination of fair market value is defensible and complies with Section 409A, says Justin Stemple of Warner Norcross & Judd LLP.
3 Ways To Leverage Internet Access During Trial

A survey of local rules for courthouses with available Wi-Fi has shown that no courts expressly prohibit the use of Internet by lawyers to gain information about the venire. Interestingly, at least one appellate court has held that it was error not to allow counsel to access the Internet during jury selection, say Derek Sarafa and William O'Neil of Winston & Strawn LLP.
DOJ Faces Challenges In Prosecuting Foreign Corporations

Courts are only now beginning to struggle with the intersection of transnational corporate crime in the Internet age and Rule 4 Federal Rules of Criminal Procedure, which is woefully outdated. Two recent conflicting trade secrets decisions highlight this disconnect, say Stephen Byers and Jason Lynch of Crowell & Moring LLP.
Fragmented Workforces: A New Challenge For Employers

The National Labor Relations Board recently made it easier for unions to win representation elections by allowing unions to fragment workforces and cherry-pick the unit of employees most likely to support unionization. There's no doubt that this decision presents challenges for employers, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.
Inside The Supreme Court Review Of Oxford Health

Oxford Health Plans LLC v. John Ivan Sutter may not be a case about deference after all, but more fundamentally about what parties can expect in arbitration under the Federal Arbitration Act. Arbitrator interpretations have never been impervious. And, as Stolt-Nielsen and Concepcion prove, the U.S. Supreme Court sees class arbitration as a different animal, say attorneys with Homer Bonner Jacobs.

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