Labor & Employment

BLOG: The Big Miss: When Job Misclassification Strikes Hard

August 23, 2019
By Nichole D. Atallah
Everywhere you look companies are being hit hard with claims of misclassification of workers under labor regulations. So far in August 2019, Department of Labor (DOL) has announced over $2 Million in damages paid to employees, and this doesn't even include voluntary settlements handled outside of DOL. In fact, General Dynamics was recently hit with a $170,000 settlement regarding claims that the company misclassified call center workers under the Service Contract Act (SCA). To avoid such penalties and to remain legally compliant, employers—including government contractors—should seek experienced legal counsel to help them properly classify a position, as well as create a system for future classifications.
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BLOG: EEOC Announces New EEO-1 Pay Data Reporting Deadline

July 24, 2019
By Sarah L. Nash
September 30, 2019 marks the newly announced deadline for employers who submit annual EEO-1 reports to report employee 2018 pay data to the Equal Employment Opportunity Commission (EEOC). The EEOC revealed the new deadline in a federal court submission last week. UPDATE: Since the original blog on this topic was published, the court issued an order confirming the September 30, 2019 deadline, and requiring the EEOC to collect a second year of data in addition to the 2018 pay information. The EEOC has also since announced its decision to collect 2017 pay data which will also be due this September. Employers (government contractors and commercial businesses) should work with an experienced labor and employment attorney to ensure they comply before the September 30, 2019 deadline.
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BLOG: Use It Or Lose It - U.S. Supreme Court Holds Employers Who Wait Too Long to Raise EEOC Claim Objection to Title VII Discrimination Lawsuit May Forfeit Objection

June 14, 2019
By Anthony M. Batt
Recently, in Fort Bend County, Texas v. Davis, the U.S. Supreme Court was faced with a jurisdictional question: If a plaintiff fails to exhaust her remedies by first filing an Equal Employment Opportunity Commission ("EEOC") claim, is she jurisdictionally barred from suing her employer for discrimination under Title VII of the Civil Rights Act of 1964 ("Title VII")? In typical lawyerly fashion, the Supreme Court drew a distinction between "mandatory" and "jurisdictional" and answered with an "it depends." This blog addresses the importance of employers raising objections early when defending a case to avoid losing time and money.
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BLOG: Halting Employee's Right to Report Cybersecurity Noncompliance Can Land Government Contractors in Hot Water

May 28, 2019
By Sarah L. Nash
Last week signaled a potential rude awakening for government contractors subject to cybersecurity requirements. A California U.S. district court ruled that allegations against Aerojet Rocketdyne could progress following a former employee's complaint that the company terminated his employment after he disclosed cybersecurity failures to the company's board of directors and refused to sign documents indicating that the company was compliant. Among the employee's chief allegations is a charge that the company violated the False Claims Act by falsely representing its level of compliance with applicable cybersecurity standards so it could appear eligible for certain federal government contract awards.
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EEOC Announces New EEO-1 Pay Data Reporting Deadline

April 12, 2019
By Sarah L. Nash
September 30, 2019, marks the newly announced deadline for employers who submit annual EEO-1 reports to report employee 2018 pay data to the Equal Employment Opportunity Commission (EEOC). The EEOC revealed the new deadline in a federal court submission last week. The judge in the case will still need to approve of the EEOC's plan before it becomes the official cutoff date.
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