Employment Law Updates

Featured Expert Legal Commentary

Sutherland v. Ernst & Young LLP: Second Circuit Denies Class Arbitration for Low-Value Employment Claims

By Jeremy Gray of Zuber Lawler & Del Duca

The Second Circuit has upheld a waiver of class arbitration under the Federal Labor Standards Act. In Sutherland v. Ernst & Young LLP, No. 12-304 (2d Cir. Aug. 9, 2013), the Court found that the high cost of pursuing individual arbitration in light of a very low-value claim was not… More...

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Nursing Home Offered Deaf Applicant a Job but Reneged, Federal Agency Charges

Equal Employment Opportunity Commission v. Genesis Healthcare LLC  |  U.S. District Court for the District of New Jersey, Civil Action No.: 2:14-cv-00316-JLL-MAH  |  1/22/2014

Genesis HealthCare, LLC, the owner of Holly Manor Center nursing facility in Mendham, N.J., violated federal anti-discrimination law when it refused to hire an applicant for its food service department because of his disability, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit. More...

Federal Agencies Renew Agreement Strengthening Enforcement of Federal Sector EEO Laws

Memorandum of Understanding Between U.S. Office of Special Counsel And Equal Employment Opportunity Commission  |  EEOC/OSC No.______  |  1/14/2014

Jacqueline Berrien, chair of the U.S. Equal Employment Opportunity Commission (EEOC), and Carolyn Lerner, head of the U.S. Office of Special Counsel (OSC), have signed a renewed Memorandum of Understanding (MOU) to enhance efficiency and enforcement of federal sector equal employment opportunity laws. More...

Upper Big Branch Corrective Actions to be Implemented as Scheduled

An Independent Panel Assessment of an Internal Review of MSHA Enforcement Actions at the Upper Big Branch Mine South  |  Release Number: 14-0045-NAT  |  1/13/2014

The U.S. Department of Labor's Mine Safety and Health Administration has announced that, as of Dec. 31, 2013, the agency had addressed the 100 recommendations published in a March 2012 internal review report, meeting the specific timetables and deadlines it had set for implementation of each recommendation. More...

Obama Administration Proposes Adjustments to Excepted Benefits Regulations

Amendments to Excepted Benefits  |  Release Number: 13-2381-NAT, 78 FR 77632, 29 CFR Part 2590, RIN 1210–AB60  |  12/24/2013

The U.S. Departments of Labor, Health and Human Services, and Treasury have proposed rules that would adjust regulations under the Health Insurance Portability and Accountability Act of 1996 regarding excepted benefits to include employee assistance programs (EAPs). More...

OSHA Announces Proposed New Rule to Improve Tracking of Workplace Injuries and Illnesses

Proposed Rule on Improving Tracking of Workplace Injuries and Illnesses  |  OSHA Release Number: 13-2144-NAT, 29 CFR Parts 1904 and 1952  |  11/7/2013

The Occupational Safety and Health Administration has issued a proposed rule to improve workplace safety and health through improved tracking of workplace injuries and illnesses. More...

US Department of Labor Publishes Final Rule Implementing the Byrd Amendments to Black Lung Benefits Act

Regulations Implementing the Byrd Amendments to Black Lung Benefits Act: Determining Coal Miners’ and Survivors’ Entitlement  |  DOL Release Number: 13-1920-NAT, 20 CFR Parts 718 and 725  |  9/25/2013

The U.S. Department of Labor's Office of Workers' Compensation Programs has announced the final rule implementing amendments to the Black Lung Benefits Act passed by Congress in 2010. Commonly called the Byrd Amendments after their sponsor, the late Senator Robert C. Byrd, the amendments re-instate two provisions regarding coal miners' and survivors' entitlement to benefits that had been eliminated in 1981. More...

New Guidance Issued by U.S. Labor Department on Same-Sex Marriages and Employee Benefit Plans

Guidance to Employee Benefit Plans on the Definition of "Spouse" and "Marriage" under ERISA and the Supreme Court's Decision  |  DOL Release Number: 13-1720-NAT, Technical Release No. 2013-04  |  9/18/2013

The U.S. Department of Labor has announced new guidance interpreting the Supreme Court's decision in United States v. Windsor. More...

Minimum Wage, Overtime Protections Extended to Direct Care Workers by U.S. Labor Department

Application of the Fair Labor Standards Act to Domestic Service  |  DOL Release Number: 13-1922-NAT 29 CFR Part 552, RIN 1235-AA05  |  9/17/2013

Fulfilling a promise by President Obama to ensure that direct care workers receive a fair day’s pay for a fair day’s work, the U.S. Department of Labor has issued a final rule extending the Fair Labor Standards Act’s minimum wage and overtime protections to most of the nation’s workers who provide essential home care assistance to elderly people and people with illnesses, injuries or disabilities. More...

Federal Judge Finds Retail Giant’s Dismissal of Muslim Employee for Wearing Hijab Was Illegal

EEOC & Khan v. Abercrombie & Fitch Stores, Inc. et al.  |  Case No. 11-CV-03162-YGR, U.S. District Court for the Northern District of California  |  9/3/2013

A federal judge has found clothing giant Abercrombie & Fitch liable for religious discrimination when it fired Muslim employee Umme-Hani Khan for wearing her hijab (religious headscarf), according to the U.S. Equal Employment Opportunity Commission (EEOC). More...

Kmart Rejected Applicant Who Needed a Reasonable Accommodation For His Kidney Condition, Federal Agency Charges in its Complaint for Disability Discrimination

EEOC v. Kmart Corporation; Sears Holdings Management Corporation; Sears Holding Corporation  |  Civil Action No. 13-cv-02576, U.S. District Court for the District of Maryland  |  9/6/2013

Kmart Corporation, a leading national retailer, violated federal law by refusing to employ as a store associate an individual with a disability who needed a reasonable accommodation, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed last week. 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.

Auto Crane Company

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.


DP Manufacturing, Inc.


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

Visteon Corp.

J.C. Penney Corp.

Google, Inc.

AT&T Corp.

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

U.S. Airways, Inc.

FBL Financial Group, Inc.

United Airlines, Inc.

Rosen Louik & Perry, P.C.

International Game Tchnology

Equal Employment Opportunity

United Parcel Service, Inc.

Manhattan Apartments Inc.

The Star Tribune Company

Genesis Healthcare Corp.

Goldman, Sachs & Co.

J. Kaz, Inc.d.b.a. Craftmatic of Pittsburgh

Scolari's Warehouse Markets, Inc. d.b.a. Scolari's Food and Drug

The Goldman Sachs Group

Association of Professional Flight Attendants

Ball State University

AMR Corp.

New England Teamsters and Trucking Industry Pension Fund

American Airlines, Inc. a.k.a. American Eagle

Sun Capital Advisors: Sun Capital Partners III

Highgate LTC Management, LLC

Sun Capital Partners IV

Southwestern Bell Video Services, Inc.

Sun Capital Advisors III, LP

SBC Telecom, Inc.

Sun Capital Advisors IV, LP

SBC Services, Inc.

Ernst & Young LLP

Pacific Telesis Group