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Log In / Register | Dec 14, 2017

Settlement of EEOC Lawsuit Against Wendy's Franchisee Offers Lesson

A Wendy’s franchisee’s settlement this week of an Equal Employment Opportunity Commission (“EEOC”) lawsuit, brought under the Americans with Disabilities Act (“ADA”), highlights both the increased aggressiveness of the federal agency toward fast food restaurants as well the need for employers to engage in an interactive process with job applicants and employees to make reasonable accommodations under the ADA.

Employer Deadline to Update FCRA Notices

Employers face a January 1, 2013 deadline to update the notices they must provide to employees pursuant to the Fair Credit Reporting Act (“FCRA” or “the Act”).  The requirement and deadline are the result of the recently created Consumer Financial Protection Bureau (“CFPB”) assuming enforcement authority over the FCRA.  Prior to the creation of the new federal agency, the Federal Trade Commission had enforced the Act.

NLRB Issues Its First Social Media Decision

Although the National Labor Relations Board's Acting General Counsel has issued three advisory reports about his views on corporate social media policies within the past year, the Board had not decided an actual case.

Jailhouse Blues: The Potential Pitfalls of Employee Criminal Background Checks

In a lifetime of crime, Willie Sutton robbed banks of almost $2,000,000.00. From 1934 through 1947 he was one of the nation’s most successful bank robbers. He made the FBI’s Ten Most Wanted list in 1950, after escaping from prison disguised in a prison guard’s uniform.

NLRB Offers Employers More Guidance on Avoiding Labor Violations Over Social Media Policies

Lafe Solomon, Acting General Counsel for the National Labor Relations Board ("NLRB" , issued a third report on May 30th focusing on social media policies.

Federal Court Invalidates "Quickie" Union Election Rule, For Now

On May 14, 2012, the U.S. District Court for the District of Columbia set aside a controversial final rule of the National Labor Relations Board ("NLRB") that was designed to make it easier and faster for unions to hold organizing elections.

EEOC Warns Employers Using Criminal Records in Making Employment Decisions

On April 25, 2012, the United States Equal Employment Opportunity Commission ("EEOC") issued revised enforcement guidance on the extent to which employers may rely on an individual’s criminal history in making hiring or other employment selection decisions.

DC Court Enjoins Enforcement of NLRB Notice Posting Rule

On April 17, 2012, the U.S. Court of Appeals for the District of Columbia issued an injunction preventing the National Labor Relations Board ("NLRB") from enforcing its employee notice posting rule, which had been scheduled to become enforceable on April 30, 2012

Federal Judge Rejects Request for Stay in Implementation of Union Rights Posting Requirement

A federal judge has ruled that implementation of a rule, requiring most private sector employers to post notice of employee union rights, will not be stayed pending an appeal of the court ruling allowing it to proceed.

EEOC Takes Aggressive Measures to Enforce the ADA

Phelps Dunbar has been advising our clients over the last year to expect an increase in EEOC charges and litigation following the passage of the Amendments to the Americans with Disabilities Act. Since the EEOC's final regulation under the Act were published in March of last year, there has been a sharp increase in EEOC charges filed under the ADA.