Employment Law Updates

Featured Expert Legal Commentary

Parisi v. Goldman Sachs & Co.: Second Circuit Upholds Arbitration Clause Barring Title VII ‘Pattern-or-Practice’

By Jeremy Gray of Zuber Lawler & Del Duca

The Second Circuit recently upheld the use of arbitration in a Title VII gender discrimination case even when the arbitration clause forbid class-wide arbitration. In Parisi v. Goldman Sachs & Co., No. 11-5229-cv (2d Cir. March 21, 2013), the Court found that Title VII “pattern-or-practice,” which is only available to… More...

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Fifth Circuit Holds Lactation Discrimination is Unlawful Sex Discrimination

EEOC v. Houston Funding II LLC  |  No. 12-20220  |  5/31/2013

Overturning a federal trial court's decision from the Southern District of Texas denying the U.S. Equal Employment Opportunity Commission's discrimination lawsuit, the United States Court of Appeals for the Fifth Circuit held unanimously yesterday that firing a woman because she is lactating or expressing milk is unlawful sex discrimination under Title VII of the Civil Rights Act of 1964 (as amended by the Pregnancy Discrimination Act of 1978). More...

U.S. Department of Labor Encourages Asset Custodians and Record-Keepers to Work Together to Wind Up Abandoned Plans

Abandoned Plan Program  |  EBSA Release Number: 13-1081-NAT  |  6/3/2013

The U.S. Department of Labor's Employee Benefits Security Administration has approved a process for JP Morgan Chase Bank NA and ADP Inc. to terminate and wind up approximately 180 defined contribution pension plans abandoned due to corporate crises or neglect. This action, conducted through EBSA's abandoned plan program, will give plan participants control over the fate of their retirement savings. More...

Obama Administration Continues Moving Forward to Implement Health Care Law by Releasing Final Rules on Employment-Based Wellness Programs

Incentives for Nondiscriminatory Wellness Programs in Group Health Plans  |  DOL Release Number: 13-1079-NAT, 29 CFR Part 2590, RIN 1210-AB55  |  5/29/2013

The U.S. Departments of Health and Human Services, Labor and the Treasury today issued final rules on employment-based wellness programs. More...

US Labor Department Seeks Input on Regulations Regarding Lifetime Income Illustrations

Pension Benefit Statements  |  EBSA Release Number: 13-0716-NAT29 CFR Part 2520, RIN 1210-AB20  |  5/7/2013

The U.S. Department of Labor's Employee Benefits Security Administration has issued an advance notice of proposed rulemaking focusing on lifetime income illustrations given to participants in defined contribution pension plans such as 401(k) and 403(b) plans. More...

USCIS Reaches FY 2014 H-1B Cap Within First Week of Filing Period

Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements  |  AFM Update AD 10-24  |  4/8/2013

For the first time since 2008, U.S. Citizenship and Immigration Services (USCIS) has reached the statutory H-1B cap of 65,000 for fiscal year (FY) 2014 within the first week of the filing period. More...

Judge Orders Arizona Worker be Offered Reinstatement, Paid Back Wages and Expenses under Family and Medical Leave Act Following US Labor Investigation

Solis v. D.S. Waters of America Incorporated  |  DOL Release Number: 13-0572-SAN, Case No. 2:11cv2075, US District Court for the District Of Arizona  |  4/17/2013

A U.S. district court judge in Phoenix by a consent judgment has ordered that an Arizona delivery driver be offered reinstatement and receive back pay and reimbursement of medical expenses under the Family and Medical Leave Act. More...

USCIS to Accept H-1B Petitions for Fiscal Year 2014 Starting Today, April 1, 2013

H-1B Fiscal Year (FY) 2014 Cap Season  |  USCIS No. ______  |  USCIS No. ______  |  3/15/2013

U.S. Citizenship and Immigration Services (USCIS) has announced that it will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2014 cap today, Monday, April 1, 2013. More...

Retailer Refused to Provide an Interpreter for Deaf Job Applicant, Federal Agency Says

EEOC v. Toys "R" Us, Inc.  |  Civil Action No. 1:13-cv-00756-CCB, U.S. District Court for the District of Maryland, Baltimore Division  |  3/19/2013

Toys "R" Us, Inc., one of the world's largest retailers of toys and juvenile products, violated federal law when it first refused to provide an interpreter for a deaf applicant and then failed to hire her, the U.S Equal Employment Opportunity Commission (EEOC) charged in a lawsuit. More...

New DOL Rule on Amendments to FMLA Benefits Military Families and Airline Flight Crews

DOL No. Release Number: 13-0212-NAT, Federal Register Volume 78, Number 25  |  New DOL Rule on the Amendments to the Family and Medical Leave Act  |  2/6/2013

The U.S. Department of Labor marked the 20th anniversary of the signing of the Family and Medical Leave Act by issuing a final rule implementing two important expansions of FMLA protections. More...

US Labor Department Issues Final Rules for Multiple Employer Health Care Arrangements

Filings Required of Multiple Employer Welfare Arrangements and Certain Other Related Entities  |  EBSA Release Number: 13-0383-NAT, 29 CFR Part 2520, RIN 1210–AB51  |  2/28/2013

The U.S. Department of Labor's Employee Benefits Security Administration has announced final rules under the Affordable Care Act to protect workers and employers whose health benefits are provided through Multiple Employer Welfare Arrangements. More...

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Companies Mentioned

Employment Law

The following companies are mentioned in Employment Law Updates:

Equal Employment Opportunity Commission

Ontario Police Department

City of Ontario

Arch Wireless Operating Company, Inc.

Hosanna-Tabor Evangelical Lutheran Church and School

B & D Contracting

Metropolitan Government of Nashville and Davidson County, Tennessee

Watkins Motor Lines, Inc.

Agere Systems, Inc. f.k.a. Lucent Technologies, Inc.

Tulsa Winch, Inc.

Ramsey Winch, Inc.

Norris

DP Manufacturing, Inc.

Auto Crane Company

SBC Telecom, Inc.

Kellogg Brown & Root technical Services, Inc.

SBC Services, Inc.

Service Employees International, Inc.

Pacific Telesis Group

Zurich American Insurance Co.

Pacific Bell Telephone Co.

Autozone, Inc.

Pacific Bell Information Services

Temco Service Industries, Inc.

Advanced Solutions, Inc.

14 Penn Plaza LLC

SmithKline Beecham Corp. d.b.a. GlaxoSmithKline

City of Philadelphia

Cardone Industries, Inc.

Northeastern Land Services, Ltd. d.b.a. NLS Group

LA Weight Loss, Inc. n.k.a. Pure Weight Loss, Inc.

Lehigh Valley Physicians Business Services, Inc.

Gold’n Plump Poultry, Inc.

Lehigh Valley Health Services, Inc.

The Work Connection

Huron Valley Ambulance, Inc.

American Insurance Co.

Pitt-Ohio Express, Inc.

Wal-Mart Stores, Inc.

BVP, LLC d.b.a. Big Vanilla Pasadena

City of Chicago

N.F.A.C., Inc. d.b.a. Big Vanilla Athletic Club

Reliance Standard Life Insurance Co.

J.C. Penney Corp.

New Process Steel L.P.

Murphy Ford Inc. d.b.a. Murphy Ford Lincoln Mercury Murphy Ford Inc.

National Labor Relations Board

United Airlines, Inc.

Rent-A-Center West, Inc.

Equal Employment Opportunity