Employment & Labor Insider

Employment & Labor Insider

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Tag Archives: “President Obama”

Battle of the feds! DOJ, EEOC lock horns on sexual orientation bias

Posted in Discrimination, Sexual Orientation
Whoa. The U.S. Department of Justice and the Equal Employment Opportunity Commission are at cross purposes in the “gay skydiver” case. Are they ever. Do you remember Zarda v. Altitude Express? The U.S. Court of Appeals for the Second Circuit recently signaled that it might overrule its precedent holding that Title VII’s ban on sex discrimination… Continue Reading

DOL asks for feedback on salary levels in overtime rule

Posted in Wage-Hour
The U.S. Department of Labor has issued its promised Request for Information on the salary levels in the Obama Administration’s overtime rule. The RFI was published in yesterday’s Federal Register. Comments are being accepted through September 25. Invoking President Trump’s Executive Order 13777, the RFI focuses on the minimum salary levels that should apply to the… Continue Reading

Trump nominates Janet Dhillon to head EEOC

Posted in Discrimination, Politics
Janet Dhillon, general counsel and corporate secretary for Burlington Stores, Inc., has been nominated by President Trump to fill a vacant seat on the Equal Employment Opportunity Commission and to become its Chair. If confirmed, Ms. Dhillon will serve a five-year term that will expire July 1, 2022. I was expecting him to nominate Victoria… Continue Reading

Happy 45th birthday, Title IX: You’ve changed a bit over the years

Posted in Discrimination, Gender Identity Discrimination, Harassment, Politics, Sexual Torts
LaLonnie wrote this post with Sandra Sok, who is clerking for the summer in our Denver Office. Sandra is a rising second-year student at the University of Colorado Law School. Before starting law school, she worked as a paralegal while earning her undergraduate degree from the University of California, Irvine. A law was born.  On June 23,… Continue Reading

President Obama’s labor and employment legacy

Posted in Affirmative Action, Discrimination, Elections, Equal Pay, Gender Identity Discrimination, HR, Labor Relations, Politics, Protected Concerted Activity, Same-sex marriage, Sexual Orientation, Social media, Wage-Hour
NOTE FROM ROBIN: A portion of Jill’s remarks below appeared Tuesday morning in Law360 (paid subscription required). Notwithstanding what might happen over the next four (or eight) years, there is no question that President Barack Obama has left his mark on labor and employment law in some very important ways. Even if President-Elect Trump’s administration… Continue Reading

“It’s going to be beautiful, believe me”: Trump on labor & employment law issues

Posted in Discrimination, Elections, Gender Identity Discrimination, Labor Relations, Pregnancy, Sexual Orientation, Uncategorized, Wage-Hour
Congratulations to President-Elect Donald J. Trump, and to everyone who was elected or reelected to office yesterday. With a President Trump and Republican majorities in both houses of Congress, employers may see some changes in the form of less aggressive regulatory agencies, a National Labor Relations Board that is more employer-friendly, and some relatively conservative… Continue Reading

What’s the world coming to? Federal OT rule is more employee-friendly than California law!

Posted in Only in California, Wage-Hour
BREAKING NEWS:  CALIFORNIA FALLS INTO THE SEA! Well, not exactly.  But some natural phenomena occur only once or twice in a lifetime—like Halley’s Comet, or the turn of the Millennium, or the Mets winning the pennant.  Another one happened today:  the FLSA has become more protective or workers than California law, which is ordinarily the… Continue Reading

Unfair Competition and Trade Secrets everywhere!

Posted in Non-Competes
*President Obama signed the Defend Trade Secrets Act into law on Wednesday afternoon. Billy Hammel, Bill McMahon, and Anna Rothschild have provided outstanding analysis of the law and what it means for employers in this Client Bulletin. *And, speaking of Billy Hammel, he had a great blog post this week on the White House Report… Continue Reading

White House calls for non-compete reform

Posted in Non-Competes
Last Thursday, the White House issued a report titled “Non-Compete Agreements: Analysis of the Usage, Potential Issues, and State Responses” and an accompanying blog post. Relying heavily on a report earlier this year from the U.S. Treasury, the White House report criticizes the perceived misuse of non-competes, highlights their negative impact on the economy, and concludes that “in… Continue Reading

Female lawyers, Republican bosses, and kitchens: The Sequel

Posted in Discrimination, Lawyers!
I have to admit, I was afraid that I might need to go into hiding after I expressed doubts last week about that study claiming that female lawyers don’t do well when their bosses are male Republicans. But the reader feedback has been positive, with the possible exception of an ambiguous comment on LinkedIn (more on that below): From Commenter Oaktown… Continue Reading

BREAKING: DOL releases proposed rule on paid sick leave for employees of federal contractors

Posted in Affirmative Action
UPDATE (2/26/16): Cara Crotty‘s full analysis of the proposed rule — plus video! — is here. Read Cara instead of me. The U.S. Department of Labor released today a proposed rule that would require federal contractors to provide at least seven paid sick days per year to their employees. The leave could be used for the… Continue Reading

5 things I don’t like about the EEOC’s “pay survey” proposal

Posted in Discrimination, Equal Pay
You have no doubt heard that the Equal Employment Opportunity Commission proposes to require employers with 100 or more employees to start submitting compensation data with their annual EEO-1 reports. The proposal was announced by President Obama in a White House ceremony last week celebrating the seventh anniversary of the Lilly Ledbetter Fair Pay Act.… Continue Reading

Jacqueline Berrien, former head of EEOC, dies at 53

Posted in Uncategorized
I just learned today that earlier this week, Jacqueline Berrien, the first Chair of the Equal Employment Opportunity Commission appointed by President Obama, died of cancer at the age of 53. Ms. Berrien stepped down from the EEOC in 2014. The agency’s current Chair is Jenny Yang. I did not always agree with Ms. Berrien, and I’ve given… Continue Reading

Thanks a LOT, Mr. President!

Posted in Harassment
As you know, I strongly disapprove of use of the “N” word in the workplace. I don’t think African-Americans should say it, and I really, really don’t think people who aren’t African-American should use it. Well, this weekend President Obama used the “N” word, and he didn’t say “the ‘N’ word.” In a podcast interview with comedian… Continue Reading

Proposed overtime rule has been sent to OMB

Posted in Wage-Hour
Secretary of Labor Thomas Perez announced today that the U.S. Department of Labor has submitted a proposed rule on the white-collar FLSA overtime exemptions to the federal Office of Management and Budget, which means that the proposed revisions to the overtime regulations could be made public before long. Although the specifics are not known at this time,… Continue Reading

Obama signs LGBT discrimination, affirmative action order

Posted in Affirmative Action
This morning President Obama signed an Executive Order amending the 1965 Executive Order 11246. President Obama’s EO prohibits discrimination and requires affirmative action by federal contractors based on sexual orientation and gender identity. (It isn’t clear what the affirmative action obligation will mean.) The President’s EO also makes corresponding amendments to Executive Order 11478, which pertains to the… Continue Reading