Labor & Employment

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.
[READ MORE]

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.
[READ MORE]

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.
[READ MORE]

Misclassifying Employees Can Have Major Consequences

March 21, 2019
By Anthony M. Batt
Today's economy is saturated with new ways to earn money without being subject to a set schedule or traditional employer demands. With so many individuals working part-time jobs with more autonomy than ever, companies are struggling to determine whether to classify those workers as independent contractors or employees. The distinction between those two categories is extremely important and can affect all aspects of your business, including benefits, overtime pay, and workers' compensation.
[READ MORE]

Buyer Beware: Outsourcing Labor Puts You at Risk of Prevailing Wage Violations

March 11, 2019
By Nichole D. Atallah
Recently, a Department of Labor (DOL) investigation found that four federal contractors were responsible for paying 53 current and former employees a total of $255,474 for violating the Davis-Bacon and Related Acts (DBRA). DOL determined the contractors failed to pay the correct prevailing wages and fringe benefits. In this case, the prime contractor subcontracted with a temporary staffing company that failed to pay cleaning service crews in accordance with DBRA requirements. The temporary employees were misclassified and not paid the required prevailing wage rates. Another subcontractor also failed to pay the correct fringe benefits. Due to the repeated and willful nature of these violations, one of the contractors and its owner have been declared ineligible to bid on federal DBRA contracts for a period of 3 years.
[READ MORE]
Please fill following information to download presentation