The Laconic Law Blog

Pithy Commentary on Employment Law in Virginia and Beyond

Recent Jury Verdicts and Settlements

Posted on February 3, 2012 by Eric Welter

Our latest update on recent employment-related jury verdicts and settlements after the break.

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New Law Protecting Unemployed From Discrimination Will Cost DC

Posted on February 2, 2012 by Eric Welter

With the economy in turmoil, DC (among other jurisdictions) is considering adding the “unemployed” to the list of protected classes under its human rights act.  Contrary to popular belief, doing so is not free.  More after the break.

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Judge Finds That OFCCP’s Audit Selection Is Limited By Fourth Amendment

Posted on February 1, 2012 by M. Wilson Stoker

In Bank of America N.A. v. Solis, No. 09-2009 (D.D.C. Dec. 13, 2011), United States Magistrate Judge Deborah A. Robinson for the District of District of Columbia issued a report and recommendation that includes a finding that OFCCP’s ability to select contractors for audit is limited by the Fourth Amendment’s prohibition against unreasonable search and seizure. This presents an interesting issue for contractors facing compliance review.  More after the break.

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Supreme Court Refuses To Hear Tip Credit Case

Posted on January 27, 2012 by Eric Welter

Servers and bartenders employed at Applebee International, Inc.’s restaurants brought a class action suit under the Fair Labor Standards Act (FLSA) based on Applebee’s use of the “tip credit” to calculate their wages for purposes of meeting the minimum wage requirements of the FLSA.  The Supreme Court denied certiorari on January 17, 2012, effectively ending this appeal.  USA Today has a story about the case here.  More after the break.

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California Supreme Court Decides Case Involving Administrative Exemption

Posted on January 26, 2012 by Laura B. Chaimowitz

The California Supreme Court has issued a decision in Harris v. Superior Court (Liberty Mutual Insurance Company) regarding whether certain insurance company claims adjusters are administrative exempt employees under the California Labor Code and the Industrial Welfare Commission (“IWC”) Wage Orders.  More after the break.

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DOL Fact Sheets On FMLA And FLSA Retaliation

Posted on January 25, 2012 by Eric Welter

The Department of Labor has new fact sheets regarding the FMLA’s interference and anti-retaliation provisions and the FLSA’s anti-retaliation provision.  (Hat tip to The Employer Handbook.)

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Discrimination Claims At EEOC Hit Record Level

Posted on January 24, 2012 by Eric Welter

The EEOC received 99,947 charges of discrimination in 2011 and has increased its focus on cases of alleged “systemic discrimination.”  More after the break.

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U.S. Supreme Court Upholds Ministerial Exception

Posted on January 23, 2012 by Eric Welter

On January 11, 2012, in a 9-0 opinion, the U.S. Supreme Court held that the ministerial exception bars an employment discrimination suit brought on behalf of a minister challenging her church’s decision to fire her.  More on the case after the break.

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EEOC Believes That Diploma Requirements May Violate The ADA

Posted on January 18, 2012 by Eric Welter

Dorothy, we’re not in Kansas anymore.  The EEOC has posted an informal advisory letter on its website taking the position that the requirement of a high school diploma may violate the ADA by screening out individuals with learning disabilities.  Overlawyered has the post here.  For those interested, the text of the letter is after the break.

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OFCCP Releases Notice of Proposed Rulemaking on Contractor Obligations Regarding Individuals With Disabilities

Posted on January 17, 2012 by M. Wilson Stoker

On December 9, 2011, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) published a Notice of Proposed Rulemaking in the Federal Register. The proposed rule increases affirmative action requirements established in Section 503 of the Rehabilitation Act of 1973 which obligates federal contractors and subcontractors to ensure equal employment opportunities for qualified workers with disabilities. The proposed rule incorporates the ADAAA’s expanded definition of disability and imposing new requirements for contractors in the areas of recruitment, data retention and AAP dissemination. In addition, the rule clarifies OFCCP’s expectations for contractors by providing specific guidance on how to comply with the law.  More after the break.

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New NLRB Decision May Curtail Class Arbitrations

Posted on January 12, 2012 by Eric Welter

In AT&T Mobility v. Concepcion, the U.S. Supreme Court enforced a consumer arbitration agreement that contained a “class action waiver” in which the plaintiff waived his right to file a class action lawsuit, and required the plaintiff to arbitrate his dispute on an individual basis.  In a recent decision, D.R. Horton, Inc., the National Labor Relations Board (“NLRB”) concluded that a similar arbitration agreement including a class action waiver unlawfully restricted employees’ right to engage in concerted activity, and therefore, violated the National Labor Relations Act (“NLRA”).  More after the break.

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NLRB Updates for 2012

Posted on January 6, 2012 by Eric Welter

In addition to several “recess” appointments to the NLRB while the Senate was looking the other direction, the NLRB has a busy spring ahead of it.  More after the break.

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Recent Jury Verdicts and Settlements

Posted on January 5, 2012 by Eric Welter

Happy New Year!  We will begin our 2012 posts with our latest update on recent jury verdicts and settlements, after the break.

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EEOC Wants Construction Company To Allow Applicant With Epilepsy To Operate Heavy Equipment

Posted on December 14, 2011 by Eric Welter

Overlawyered has a post here on a new lawsuit filed by the EEOC against a construction company for refusing to hire an applicant with epilepsy to run heavy equipment.  The company apparently relied on Department of Transportation guidelines for truck drivers for the heavy equipment operator position.  The EEOC’s press release is here.  Of course, when the applicant has a seizure driving a heavy loader and kills someone, there will be a lawyer to file a wrongful death lawsuit arguing that the company negligently hired the applicant.

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EEOC Verdicts and Settlements — October 2011

Posted on December 12, 2011 by Eric Welter

Our update on EEOC Verdicts and Settlements for October 2011 after the break.

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