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Washington state employees can’t recoup pre-Janus agency fees

December 4th, 2018

By Lisa Milam, J.D.
A group of Washington state workers who objected to paying compulsory agency fees to AFSCME were unable to recoup the forced payments made to the public employee union during the pendency of the Supreme Court’s landmark decision in Janus v. AFSCME Council 31. A federal court concluded that AFSCME had continued to [Read more...]

Trio of new OFCCP directives released; one creates a path to 5-year audit hiatus

December 3rd, 2018

By Pamela Wolf, J.D.
On November 30, the OFCCP released three new directives, all of which are immediately effective. One of these directives would give federal contractors a path to a five-year audit hiatus under the agency’s new early dispute resolution procedures (ERP). The other directives establish an opinion letter process, enhance the OFCCP’s Help Desk, [Read more...]

Cook reinstated after successful EEO claim can’t show later ‘retaliatory’ incidents were materially adverse

December 3rd, 2018

By Kathleen Kapusta, J.D.
The 11 incidents of alleged retaliation by a federal agency and two supervisors against a cook—after he had been reinstated to his job following a successful EEO complaint—were not materially adverse actions, the Seventh Circuit ruled, affirming summary judgment against his Title VII claim. Some of the incidents were isolated and minor [Read more...]

Employee forced to pump breast milk in office with camera and window advances Title VII, but not FLSA, claim

December 3rd, 2018

By Kathleen Kapusta, J.D.
Allegations that an employee, following the birth of her son, was forced to pump her breast milk first in a bathroom and then in an office with a working video camera she could not turn off and with a window through which coworkers could and did observe her pumping, along with other [Read more...]

Eliminating voluntary overtime was tangible action by alleged harasser, putting strict liability on the table

November 30th, 2018

By Lorene D. Park, J.D.
Reversing summary judgment on a Title VII sexual harassment claim by an employee who claimed her supervisor sexually harassed her for years and then took away her opportunity for voluntary overtime when he learned she reported it, the Fourth Circuit held that the lower court erred in finding that the denial [Read more...]