News & Updates

Age Discrimination in Employment

White House Direction on Reduction in Rules

White House Direction on Reduction in Rules

On January 18, 2011, President Obama signed an Executive Order that outlined his regulatory strategy “to support continued economic growth and job creation, while protecting the safety, health and rights of all Americans.” The Executive Order on Improving Regulation and Regulatory Review can be found here.  As a way to immediately implement this strategy, two […]

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EEOC Provides Small Business Assistance on GINA

EEOC Provides Small Business Assistance on GINA

The Genetic Information Nondiscrimination Act (GINA) required the Equal Employment Opportunity Commission (EEOC) to issue regulations implementing Title II of the Act, which it did on November 9, 2010. The EEOC has now created the following website http://www.eeoc.gov/laws/regulations/gina_qanda_smallbus.cfm to provide small businesses with practical information about the most important requirements of Title II of GINA […]

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Providing Notice Under The New GINA Law

Providing Notice Under The New GINA Law

In November 2010, the EEOC issued final regulations implementing the employment provisions (Title II) of the Genetic Information Nondiscrimination Act (GINA).   GINA prohibits the use of genetic information in decision making about health insurance and employment and restricts employers from acquiring and disclosing genetic information. The regulations provided model language for employers to use when […]

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USDOL Regulatory Agenda: Plan/Prevent/Protect

USDOL Regulatory Agenda:  Plan/Prevent/Protect

Employers would be interested to review the USDOL’s regulatory agenda published in Spring 2010.  In particular, employers should note the USDOL’s emphasis on proactive measures that the department would like to require employers to take before the USDOL investigator arrives.  Indeed, the USDOL’s agenda marks the end of any regulatory tolerance for what the government […]

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USDOL Introduces Online Resource To Explain ADA Responsibilities

USDOL Introduces Online Resource To Explain ADA Responsibilities

Earlier this month, the USDOL unveiled the latest development in its e-laws advisor programs:  an online resource entitled “Disability Nondiscrimination Law Advisor.”  The website and related links continue the USDOL’s effort to educate employers and employees about the amendments to the ADA, as well as its fundamental applications.   The website requires the viewer to answer […]

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EEOC and Walmart Settle: $11.7 Million

EEOC and Walmart Settle:  $11.7 Million

Earlier this month, the EEOC announced that Walmart Stores will  pay $11.7 million in back wages and com­pen­satory damages, up to $250,000 in administration fees and will furnish other relief, including jobs, to settle a sex discrimination lawsuit filed by the EEOC. According to the EEOC’s lawsuit, Walmart’s  London, Ky., Distribution Center denied jobs to female applicants […]

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EEOC Performance Results: Investigations Still Slow

EEOC Performance Results: Investigations Still Slow

As many observers noted, the EEOC’s Performance Results for the FY 2009 Performance and Accountability Report (PAR) were released toward the end of last year.  The PAR is based on the EEOC’s current modified Strategic Plan for FY 2007 through FY 2010 which was approved by the Commission in 2008. The current strategic plan contained […]

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Court Approves $6.2 Million Dollar Settlement Between EEOC and Sears

Court Approves $6.2 Million Dollar Settlement Between EEOC and Sears

Earlier this month, the EEOC announced that the agency had secured its largest Americans with Disabilities Act (ADA) settlement in history. The case against Sears Roebuck & Co was brought in the Northern District of Illinois in 2004 and just this month resulted in a court approved settlement.  In the lawsuit, the EEOC claimed that Sears implemented […]

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New Budget Includes Proposed Extension on COBRA Subsidy

New Budget Includes Proposed Extension on COBRA Subsidy

Among many other items of interest, President Obama’s proposed budget for fiscal year 2011 includes a continued COBRA subsidy proposal.  If enacted (and made retroactive to its proposed start date of March 1, 2010), the provision would continue a 65% subsidy for qualified workers who are laid off between March 31, 2010 and December 31, 2010.  […]

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Court Sides With USDOL and Orders Restaurant Operators to Pay More than $2 Million In Back Wages and Penalties

Court Sides With USDOL and Orders Restaurant Operators to Pay More than $2 Million In Back Wages and Penalties

Two restaurant owners-operators who managed five restaurants called Oriental Forest have been ordered by a federal court judge to pay $2,030,430 in minimum wage and overtime pay and damages owed to 129 workers following an investigation by the USDOL’s Wage and Hour Division. The court also ordered the business owners not to violate minimum wage and […]

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