The 11th U.S. Circuit Court of Appeals has determined that a casino which had instituted two layoffs that ultimately culminated in the closure of its facility violated the federalWorker Adjustment and Retraining Notification (“WARN”) Act by failing to provide notice to its former employees in a timely and appropriate manner. This liability was established
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Domestic Violence Victim Leave Law Enacted in New Jersey.
The Violence Against Women Act of 1994 (VAWA), which was extended in February 2013, is a federal law that provides funding toward investigation and prosecution of violent crimes against women, imposes automatic and mandatory restitution on those convicted, and allows civil redress in cases prosecutors chose to leave unprosecuted. The Act also establishes the Office…
Inconsistent reasons for termination allow home care worker’s pregnancy discrimination case to go forward to jury.
The7th U.S. Circuit Court of Appeals recently overturned a lower court’s summary judgment in favor of a home care agency, holding that a jury should be allowed to determine whether the agency’s shifting explanations for the firing could, in fact, be a pretext for pregnancy discrimination. Hitchcock v. Angel Corps Inc., 7th Cir., No. …
OFCCP’s proposed revisions to regs require increased obligations and affirmative action regarding disabled individuals.
Section 503 of the Rehabilitation Act of 1973, as amended ("Section 503"), prohibits employment discrimination by federal government contractor and subcontractor employers against individuals with disabilities. It also includes affirmative action provisions that relate to both hiring and advancement of disabled individuals by those same employers. The provisions of Section 503 apply to government
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The Affordable Care Act: Something to Think About While Waiting for the Courts of Appeals to Rule
As the first anniversary of the Patient Protection and Affordable Care Act approaches on March 23, five district courts have issued final judgments on the issue of whether the Act itself is constitutional. The score is 3-2 in the federal government’s favor, but all five cases are on appeal at this time. The principal issue in those cases…
Employees who stop coming to work because business is closing are entitled to 60-day notice under the WARN Act.
The Worker Adjustment and Retraining Notification (WARN) Act states that an employer cannot order a plant closing or mass layoff that will affect 50 or more employees without a 60-day written notice to each affected employee. An “affected employee” is someone who is expected to experience an employment loss as a result of the closure…
Third Circuit holds that Ledbetter Fair Pay Act does not apply to failure-to-promote claims under Title VII.
In 2009, Congress passed the Lilly Ledbetter Fair Pay Act (FPA), which allows employees to file unequal-pay claims outside of the otherwise applicable 300 day statute of limitations period for filing claims of discrimination. Under the FPA, the statute of limitations re-starts each time compensation is paid pursuant to a “discriminatory compensation decision or other…
Actions taken out of concern for employee’s pregnancy may create basis for violation of Pregnancy Discrimination Act and ADA.
The 6th U.S. Circuit Court of Appeals has held that a company that transferred a pregnant employee out of a welding job and into a light duty tool room job without first undertaking an objective evaluation of the employee’s ability to do the welding job may be liable for violation of the Pregnancy Discrimination Act…