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by Leslie Stout-Tabackman and David Fortney, Fortney & Scott, LLC This article arises from comments on the “Bridge to Justice” program by U.S. Department of Labor (DOL) Solicitor Patricia Smith during the panel discussion “The Obama Administration’s Enforcement of the Wage and Hour Laws” at the Practicing Law Institute’s (PLI) “Managing Wage & Hour Risks […]
by Burton J. Fishman Sears recently reached a $6.2 million settlement with the Equal Employment Opportunity Commission (EEOC) regarding Americans with Disabilities Act (ADA) violations stemming from the company’s alleged refusal to return injured workers to the job. This is the largest ADA settlement in a single lawsuit in EEOC history. More aggressive enforcement has […]
One of the clearest indications of an administration’s priorities is the budget and the amount of funding provided to various programs. Budgets always have winners and losers and reflect the degree to which programs will be implemented. A review of President Barack Obama’s proposed budget and recent agency actions demonstrates that increased enforcement of labor […]
The changes promised by the Obama administration are beginning to take hold at the federal agencies regulating the workplace. Typically, the change in leadership can be a strong predictor of the changes in policies and directions that will be pursued by a new administration. Not surprisingly, the changes that already have occurred suggest that we […]
The current term of the U.S. Supreme Court provides a reminder that the drafters of the U.S. Constitution deliberately created a tension between continuity of law and responsiveness to changes in the majority’s wishes. We are on the cusp of a complete change in administration, with the likelihood of substantial changes in both statutory regime […]
There is a historical tendency in the final months of an administration to increase regulatory activity in an attempt to solidify its legacy. As the Bush administration comes to a close, it appears the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) has its primary attention. Keep up with the latest […]
by Burton J. Fishman Fortney & Scott, LLC Last week, while everyone’s attention was focused on a potential meltdown of the U.S. economy and whether or not the first presidential debate would actually take place, a bunch more of your employees were given federal protection against disability discrimination. On September 25, 2008, President George Bush […]
President George W. Bush recently signed into law the Heroes Earnings Assistance and Relief Tax (HEART) Act of 2008, which provides the following employee benefit-related advantages to eligible military personnel and their families. Keep up with the latest changes in federal employment laws and regulations with the Federal Employment Law Insider Retirement plan requirements The […]
In a democracy, social issues regularly become political issues, and solutions (including compromises) are worked out through public elections. Since employers and unions are frequently on opposite sides of key issues, both attempt to involve the public and spend extensively to support their respective positions or solutions. Both the short- and long-term ramifications of this […]