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Preparing for increased wage and hour litigation and DOL enforcement: a primer for Texas employers
- Jones Day
- -
- USA
- -
- April 13 2010
Whether in the form of civil lawsuits or federal governmental enforcement, Texas employers can expect increased scrutiny of their wage and hour practices in 2010 and beyond
States Supreme issues ruling in Lewis v. City of Chicago
- Jones Day
- -
- USA
- -
- May 31 2010
On May 24, 2010, the United States Supreme Court issued its ruling in Lewis v. City of Chicago, No. 08-974, holding that a disparate impact employment discrimination charge filed with the Equal Employment Opportunity Commission ("EEOC") within 300 days of a discriminatory practice's application, rather than its adoption, will be deemed timely
Stock options now valid consideration for noncompete agreements in Texas
- Jones Day
- -
- USA
- -
- July 27 2011
On June 24, 2011, the Texas Supreme Court in Marsh USA, Inc. v. Cook further restricted the ability of employees seeking to dodge noncompete restrictions in agreements with their employers by allowing stock options to serve as the consideration supporting the agreement
OFCCP issues active case Enforcement Directive
- Jones Day
- -
- USA
- -
- March 21 2011
Recently, the Department of Labor's Office of Federal Contract Compliance Programs ("OFCCP") issued Directive 295 (OFCCP Order No. 295 ADM NoticeOther (Dec. 16, 2010)), which sets out new procedures for conducting compliance reviews of supply and service federal government contractors
Supreme Court rules that employee may bring Title VII retaliation claim based upon discrimination charge filed by co-employee
- Jones Day
- -
- USA
- -
- January 31 2011
On January 24, 2011, the Supreme Court held unanimously that an employee could bring a claim of retaliation against his former employer under Title VII of the Civil Rights Act of 1964 ("Title VII"), even though the employee did not himself file the charge of discrimination that triggered the alleged retaliation
NLRB orders daily compound interest on backpay awards
- Jones Day
- -
- USA
- -
- October 29 2010
In a decision released on October 25, 2010, the National Labor Relations Board ("Board") unanimously adopted the new remedial policy of adding daily compound interest to backpay awards under the National Labor Relations Act ("NLRA"), as opposed to the prior simple interest calculation
Fourth Circuit holds that Sarbanes-Oxley plaintiffs have the right to a de novo federal court hearing where the Department of Labor fails finally to resolve the claim within the statutory timeframes
- Jones Day
- -
- USA
- -
- January 18 2010
The Fourth Circuit recently became the first appellate court to consider whether a plaintiff has a right to de novo proceedings in district court on a whistleblower claim even after that claim has been resolved against the employee by a Department of Labor Administrative Law Judge ("ALJ"
EEOC's proposed rule seeks to clarify the "reasonable factor other than age" defense to disparate impact claims under the ADEA
- Jones Day
- -
- USA
- -
- March 4 2010
On February 18, 2010, the Equal Employment Opportunity Commission ("EEOC") published a Notice of Proposed Rulemaking ("NPRM"), which, if implemented, would revise its regulations relating to its position on the meaning and scope of the "reasonable factor other than age" ("RFOA") defense in disparate impact cases under the Age Discrimination in Employment Act ("ADEA"
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