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Employer’s attempt to refuse to comply with EEOC’s subpoena rejected

May 2nd, 2011

The Seventh Circuit affirmed a district court’s order enforcing an EEOC subpoena seeking information about an employer’s hiring practices, rejecting the employer’s argument that the requested materials were irrelevant to an employee’s charge of race discrimination (EEOC v Konica Minolta Bus Solutions, USA, Inc, April 29, 2011, Wood, D). The EEOC was within its authority [Read more...]

Experts agree that gender-based wage gap persists

May 2nd, 2011

Government and private-sector experts participating in a public forum held by the U.S. Equal Employment Opportunity Commission (EEOC) advised that gender-based wage discrimination is still a problem and a percentage of the wage discrepancy cannot be explained by nondiscriminatory factors. The forum was held at the EEOC’s headquarters on April 28, 2011 – just one [Read more...]

Survey takes a look at types of workers most in demand and how they’re being recruited

April 29th, 2011

What types of workers are most in demand today? Employers are hiring employees who are experienced in their businesses, team-oriented, customer-focused, have a track record for achieving the results they want, and work smart, according to a new survey by OI Partners, a global talent management firm. To recruit them, companies are more frequently using [Read more...]

Violation of employer’s computer use restrictions “exceeds authorized access” under CFAA; dismissal of criminal counts based on more narrow interpretation reversed

April 29th, 2011

An employee “exceeds authorized access” to information on a protected computer under the Computer Fraud and Abuse Act, 18 USC Sec. 1030, when “he or she violates the employer’s computer access restrictions — including use restrictions,” ruled the Ninth Circuit in a 2-1 decision (USA v Nosal, April 28, 2011, Trott, S). As such, the [Read more...]

FAA bars states from restricting class-action waivers in arbitration agreements

April 28th, 2011

In a consumer case with broad implications for the arbitration of employment disputes, the U.S. Supreme Court ruled yesterday that the Federal Arbitration Act preempts states from prohibiting enforcement of arbitration agreements that bar classwide arbitration of disputes (AT&T Mobility LLC v Concepcion, Dkt No. 09-893, April 27, 2011, Scalia, A). In a 5-4 decision, [Read more...]