December 05, 2023
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Category: Litigation

DOJ Appears To Give Up on Criminal “No-Poach” Prosecutions

The U.S. Department of Justice (DOJ) has dropped its remaining no-poach criminal case, apparently abandoning its strategy of challenging employers’ no-hire agreements as criminal conspiracies under the antitrust laws. On November 15, 2023, a federal trial court in Texas granted DOJ’s motion to dismiss criminal charges against Surgical Care Affiliates (SCA) and SCAI Holdings for allegedly conspiring not to hire...
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November 28, 2023
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Category: Compliance Reporting and Recordkeeping

CWC Files “Declaration” Supporting DOL in Ongoing EEO-1 FOIA Litigation

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, filed a declaration with the U.S. District Court for the Northern District of California supporting the objection of the Department of Labor (DOL) to releasing EEO-1 data for which federal contractors claim an exemption under the Freedom of Information Act (FOIA). In response to a request from the Center...
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November 28, 2023
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Category: Congress

NLRB Delays Joint Employer Rule Effective Date in Response to Legal Challenges

The National Labor Relations Board (NLRB) has postponed the effective date of its controversial new joint employer rule until February 26, 2024, two months later than the originally announced effective date of December 26, 2023. The Board said it is delaying the rule’s implementation “to facilitate resolution of legal challenges.” Two lawsuits have been filed to challenge the rule—one by...
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October 23, 2023
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Category: Compensation

Recent Equal Pay Case Illustrates How Federal and State Law Outcomes Can Vary

A recent equal pay discrimination ruling by the U.S. Court of Appeals for the Second Circuit serves as a reminder that a court can reach different outcomes depending on whether it is applying federal law or a more expansive state law. In Eisenhauer v. Culinary Institute of America, a female professor for the Culinary Institute of America sued under both New York...
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October 18, 2023
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Category: ADA

Eleventh Circuit Rules Again That ADA Does Not Allow Claim by Former Employee

Ever since the Americans with Disabilities Act (ADA) was enacted in 1990, federal appellate courts have disagreed as to whether a former employee may bring a discrimination claim under that law. In Stanley v. City of Sanford, Florida, the U.S. Court of Appeals for the Eleventh Circuit recently reaffirmed its position that the ADA does not permit such suits. Despite...
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October 10, 2023
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Category: Litigation

U.S. Supreme Court To Hear Several Important Employment-Related Cases During Upcoming Term

The U.S. Supreme Court will hear several cases concerning employment law during its 2023-2024 term that opened at the beginning of October. While none of these cases is likely to generate the widespread attention received by last term’s college admissions affirmative action ruling, the impact on employers could be extensive. Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit...
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September 25, 2023
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Category: Discrimination and Harassment

DOJ Sues SpaceX Over Alleged Immigration Violations, SpaceX Sues Back

In a legal spat that is garnering widespread attention, the U.S. Department of Justice (DOJ) and rocket and satellite company SpaceX have sued each other over whether the company’s hiring practices violate U.S. immigration law. On August 23, DOJ filed an administrative lawsuit alleging that the company owned by entrepreneur Elon Musk violated the Immigration and Nationality Act (INA) by refusing...
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September 20, 2023
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Category: DACA/DAPA

Federal Court Rules Once Again That DACA Is Unlawful, But Status Quo Remains

A federal trial court has ruled once again that the Obama-era Deferred Action for Childhood Arrivals (DACA) program is fatally flawed despite the Biden Administration’s efforts to codify it by issuing formal regulations. The solution for the DACA program’s deficiencies “lies with the legislature, not the executive or judicial branches,” the U.S. District Court for the Southern District of Texas...
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September 11, 2023
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Category: ADA

Fourth Circuit Affirms That Expanded Damages/Jury Trials Not Available for ADA Retaliation Claims

The U.S. Court of Appeals for the Fourth Circuit has ruled that equitable relief is the only type of remedy available for retaliation claims brought under the Americans with Disabilities Act (ADA). On August 16, 2023, the Fourth Circuit held in Israelitt v. Enterprise Services that the ADA’s anti-retaliation provisions do not provide for compensatory or punitive damages or a...
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September 06, 2023
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Category: Discrimination and Harassment

California High Court Rules Third-Party Vendor Can Be Sued for Discrimination Under State Law

The Supreme Court of California has ruled that a third-party vendor performing job application screening services for an employer can be sued directly for discrimination under the state’s Fair Employment and Housing Act (FEHA). The ruling in Raines v. U.S. Healthworks Medical Group aligns California law with the federal courts’ interpretation that Title VII and other federal antidiscrimination statutes extend...
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