Supreme Court Gives Conciliatory Nod to the EEOC’s Duty of Conciliation

By: Mike DeCamps.

In a unanimous decision issued on April 29, 2015, the United States Supreme Court has unequivocally allowed judicial review of the Equal Employment Opportunity Commission’s (EEOC)’s pre-litigation conciliation efforts, but has articulated a rather limited scope of review.  See MACH MINING, LLC v. Equal Employment Opportunity Commission, 575 U.S. ___ (2015). Like any good compromise, [...]

 

Are Settlement Attempts Still Required for EEOC Charges?

By: Faith Alejandro.

Should attempts to settle discrimination lawsuits with the EEOC be made in good faith?  Employers in Illinois, Wisconsin, and Indiana think so and hope the Supreme Court of the United States will agree. Last month, the Supreme Court heard oral argument in an appeal from a case in the Seventh Circuit, which ruled last December [...]

 

Another Exception to Employment At-Will

By: Phyllis Katz.

Virginia is known as a stalwart adherent to the doctrine of employment at-will.  The courts in Virginia have long recognized that the employment relationship is for an indefinite term and may be terminated for any reason or no reason, at any time, with or without cause or notice.  This right, known as employment at-will, can [...]

 

Updated OSHA Reporting and Recordkeeping Rule: What Employers Need to Know

By: Nicole Cheuk.

As of January 1, 2015, the Occupational Safety and Health Administration’s (“OSHA”) updated recordkeeping and reporting rule went into effect. The recordkeeping rule changed in two key ways: (1) the rule updated the industries that are exempt (and not exempt) from the requirement to keep injury and illness records; and (2) the rule expanded the [...]

 

White Collars Tighten: Forecasting Changes to Overtime Qualification Rules

By: Mike DeCamps.

On March 13, 2014, President Obama signed a Presidential Memorandum directing the Department of Labor to update the regulations defining which white collar workers are eligible to receive pay for hours worked over 40 hours in a work week.  The proposed rule was originally forecast to be issued in November of 2014, but it is [...]

 

Virginia Dept. of Health offers Ebola advice for employers

By: Phyllis Katz.

 Many employers, particularly health care facilities, are concerned about the spread of Ebola through workplace contact(s).  There has been very little guidance until today.  The following link will connect you to the advice that the Virginia Department of Health has just released.  Before implementing any policy where an individual is excluded from employment (either [...]