Expert Compliance Insights & Tips for Businesses

January 8, 2010

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EEOC Claims Fall--to Second Highest Level Ever!

Complaints filed with the Equal Employment Opportunity Commission (EEOC) in fiscal 2009 fell to 93,277, but that was still the second highest total ever. In addition, the agency obtained $376 million in relief for complainants. Topping the list were charges alleging discrimination based on race (36 percent), followed by retaliation (also 36 percent) and then sex-based discrimination (30 percent...

January 4, 2010

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Who's Gobbled the Most ARRA Pork?

ARRA

Just got my hands on a list of the "Top 10 Bailout Money Recipients" detailing the companies that have received the largest grants from ARRA (American Recovery and Reinvestment Act) funds. Topping the list is an organization called Savannah River Nuclear Solutions, LLC (SRNS). SRNS operates the Department of Energy's Savannah River Site in Aiken, South Carolina, which--get t...

December 29, 2009

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Craig Becker Redux: Beckerian Gag Rules Lives On in Oregon

Yesterday we reported on how the nomination of Craig Becker to the National Labor Relations Board (NLRB) had been returned to President Obama for reconsideration, giving him an opportunity to make a new appointment, reappoint Becker, or tender Becker a recess appointment good until the next election in 2010. Becker is controversial and opposed by business groups and their allies in the Senate b...

December 28, 2009

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Becker NLRB Nomination Hits Senate Snag, Returned to President

Before it adjourned for the holidays, the U.S. Senate returned to the president for reconsideration his nomination of Craig Becker to the National Labor Relations Board (NLRB). Senator John McCain (R.-Arizona) had threatened to put a hold on the nomination, and Senator Orrin Hatch (R.-Utah) had also strongly objected to Becker's nomination. Becker, who serves as Associate General Counsel t...

December 23, 2009

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Albertsons Settles Discrimination Lawsuits for $8.9 Million

Albertsons, the grocery chain, has settled three race, color and national origin discrimination lawsuits for $8.9 million but denied culpability at the same time. The Equal Employment Opportunity Commission (EEOC) lawsuits alleged complicity by managers in committing racial and anti-Semitic slurs, epithets and graffiti. The lawsuits were filed on behalf of 168 employees at an Albertsons distrib...

December 21, 2009

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Allstate Hit With $4.5 Million Age Discrimination Judgment

Allstate Insurance Company and the Equal Employment Opportunity Commission (EEOC) have settled litigation over age discrimination by the insurer brought by 90 affected employees. As a result, Allstate will fork over $4.5 million to settle all claims in the class-action suit. The judgment arises from Allstate's having instituted a rehiring freeze at the same time that it transitioned f...

December 17, 2009

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Confusion Reigns Over Whether PSRs Are FLSA Exempt

outside salespeople pharmaceutical sales representatives

The Fair Labor Standards Act (FLSA) dates to 1938 before the advent of pharmaceutical sales representatives (Coke in one variety or another sufficed for drugs back then--just kidding). However, a modern-day court battle is raging over whether PSRs are exempt from FLSA overtime rules. A Connecticut court held recently that they are not exempt since pharma reps make no sales; they just introduce ...

December 15, 2009

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Supreme Court to Review Ruling on Privacy of Text Messages

In a case that could have far-reaching impact on private employers, the Supreme Court is reviewing a decision that granted privacy protection to text messages sent over a third-party communication system paid for by the employer, in this case, the city of Ontario, Calif., police department. The Ninth Circuit Court of Appeal, in Quon v. Arch Wireless, ruled that the plaintiff's privac...

December 11, 2009

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Senate HELP Committee Approves Three EEOC Nominees

EEOC

The Senate's Health, Education, Labor and Pensions (HELP) Committee has approved the nominations of three Obama appointees to the Equal Employment Opportunity Commission (EEOC), including that of proposed Chair Jacqueline Berrien. The others approved were Chai Feldblum and Victoria Lipnic, who upon full Senate Approval will join current member Constance Barker and Acting Chairman Stuart Is...

December 9, 2009

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OSHA Seeks Public Commentary on Combustible Dust

combustible dust NFPA OSHA

The Occupational Safety and Health Administration (OSHA) has issued an Advance Notice of Proposed Rulemaking (ANPR) on developing a standard on combustible dust. OSHA has identified the National Fire Protection Association (NFPA) and its standard NFPA 652 as the basis for the new OSHA standard. An electronic comment form and instructions are available at www.regulations.gov in D...

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EEOC Rescinds Permissible Affirmative Action Guidance

On June 30, 2026, the Equal Employment Opportunity Commission (EEOC) officially rescinded two longstanding documents relating to permissible affirmative action. The documents were part of the EEOC's guidance on affirmative action under Title VII of the Civil Rights Act of 1964.

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Department of Labor Issues 2026 Civil Penalty Update: No Adjustments This Year

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