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March 2017 Newsletter

This should have been an open-and-shut case. For the employer, that is, not the employee. Lufkin Industries, Inc., had an employee, William Fisher, who was a 55-year-old African-American. One day, Mr. Fisher got into a verbal tiff with his 31-year-old white supervisor, and the supervisor called him “Boy.” Mr. Fisher was offended and complained to the company’s vice president of Human Resources. After an investigation, the company determined that...
A jury socked it to a Wisconsin employer last year in a Family and Medical Leave Act case, and the U.S. Court of Appeals for the Seventh Circuit recently affirmed. Well, I take that back. The Seventh Circuit didn’t affirm completely — no, it ordered the trial court to give the plaintiff more in attorneys’ fees than she had already won. Check it out: Tracy Wink was a clerical employee for Miller Compressing...
What began as a rumor has now become a real possibility for significant grassroots action. Activists who oppose President Trump have called for a national general strike on Friday, February 17, 2017. According to main organizing group, Strike4Democracy, President Trump has “put our foreign policy and our very democracy in peril” by taking numerous actions that, “signal a move away from democratic governance.” The group’s response? A day of...
As we have previously reported, the new EEO-1 Form is set to be used as of March 31, 2018, for the October-December “snapshot” period in 2017. The new form will require federal contractors and employers with 100 or more employees to provide summary compensation data to the Equal Employment Opportunity Commission in each EEO-1 category, divided into 12 “pay bands,” and classified by race, sex, and ethnicity. This new requirement has not...
With a change in administrations comes a change at the head of various federal agencies, including the Equal Employment Opportunity Commission. The agency’s new chairperson, Victoria Lipnic, an EEOC Commissioner since 2010, is a Trump appointed Chairperson. So, with an eventual Republican-majority EEOC, will she undo the pro-employee policies of the Obama Democratic majority EEOC of the past eight years?According to Chairperson Lipnic, the...
President Trump announced today that he intends to nominate R. Alexander Acosta as the Secretary of Labor. Mr. Trump’s initial nominee for the position, Andrew Puzder, withdrew his candidacy yesterday. Mr. Acosta, a Florida native and the son of Cuban immigrants, has a legal background with many years of government service. He earned both his undergraduate and law degrees from Harvard University and he later clerked for Justice Samuel Alito...
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