EEOC Modifies Proposed Rule that Would Require Many Employers to Report Pay Data
7/27/16
By: Bill Buechner
On February 1, 2016, the EEOC published in the Federal Register notice of a proposed rule that would require employers with 100 or more employees to provide pay data for their employees on a revised EE0-1 form. …
NLRB Reverses Standard for Multi-Employer Bargaining Units
7/19/16
By: Timothy Holdsworth
Once again, the NLRB has overturned precedent in their quest to dramatically expand employer liability. For over a decade, the NLRB has held that multi-employer bargaining units that include temporary employees from a staffing employer (“supplier employer”) …
The Hearsay Exception for Market Reports
7/15/16
By: Ryan Babcock
The hearsay exception for “compiled information” or market reports is an important tool that allows for the admission of such evidence notwithstanding the hearsay rule, but it is generally strictly applied by the courts. For that reason, …
Hearsay Exception for Recorded Recollections: Pitfalls to Avoid
7/15/16
By: Ryan Babcock
Rule 803(5) of the Federal Rules of Evidence operates as an exception to the hearsay rule, provided the requirements governing the rule as to the “recorded recollection” are satisfied. The rule is as follows
Recorded Recollection. A …
Supreme Court Slams the Door on Homecare Employers
7/15/16
By: Agne Krutules
Much to the dismay of employers who employ home healthcare workers, on June 27, 2016, the Supreme Court declined to hear Home Care Association of America v. Weil, a case challenging the Department of Labor (DOL) …
EEOC Continues to Push For Protection on the Basis of Sexual Orientation
7/14/16
By: Amanda Hall
We’ve written on the EEOC’s push to include sexual orientation discrimination within the ambit of Title VII before (July 24, 2015). Last summer, the EEOC determined that sexual orientation is a concept that “cannot be …
Mixed Ruling for Penn State Insurer as New Allegations Surface in Jerry Sandusky Coverage Case
7/13/16
By: Bill Buechner
Approximately 4 years ago, former Penn State defensive coordinator Jerry Sandusky was convicted on 45 counts of child sexual abuse arising out of the molestation of 10 boys over a period of 15 years. Sandusky was sentenced …
The Ferguson Effect: The Future of Law Enforcement and Crime Rates in America?
7/12/16
By: Sara Brochstein
As tensions increase throughout the United States, the debate over the “Ferguson effect” theory remains highly visible in the foreground. The theory suggests that increased attention and scrutiny of the police in light of the highly publicized …
Georgia Utility Update – July 2016
7/12/16
Southern Company/AGL Resources Merger Complete as of July 1
The Southern Company acquisition of AGL Resources was completed as of July 1 making Southern Company the second largest utility in the country with a customer base of approximately 9 …
Remember Your Safety P’s and Q’s – OSHA Issues New Reporting and Anti-Retaliation Regulations
7/11/16
By: Agne Krutules
On May 12, 2016, the Occupational Safety and Health Administration (“OSHA”) issued its final rules on discrimination and injury and illness reporting. 81 Fed. Reg. 29624. The new anti-discrimination and anti-retaliation rules go into …