Earlier this month, the EEOC and Orion Energy Systems settled a case pending in a Wisconsin federal court in which the EEOC alleged that the company’s wellness plan violated the Americans with Disabilities Act (ADA). This case goes back to the spring of 2009...
At the federal level, the Equal Pay Act and Title VII both address gender-based pay inequity; however, there is a growing sentiment that these protections do not go far enough in correcting and preventing pay inequity. The Paycheck Fairness Act, proposed federal...
The Fourth Circuit Court of Appeals’ recent articulation of a new test for joint employment under the Fair Labor Standards Act (FLSA) sets a challenging standard for general contractors and others that seek to minimize labor costs by subcontracting out work, and...
The Equal Employment Opportunity Commission announced last month that it has launched an online inquiry form. The online system is in the testing phase and available for only five offices: Charlotte, Chicago, New Orleans, Phoenix, and Seattle. Whether this new system...
“Class arbitration” — the utilization of a class action mechanism in an arbitration proceeding — is considered by some to be the unicorn of ADR; desirable but elusive. Another view is that it is the Frankenstein’s monster of ADR – an anomalous hybrid of disparate...