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  • Posts by Morgan Davenport
    Associate

    Morgan is a member of the firm’s Labor and Employment practice group where she assists with matters involving employee discipline and termination, discrimination claims, wage disputes, union collective bargain agreements ...

On August 29th, the Office of Information and Regulatory Affairs (OIRA) issued a memo to the Equal Employment Opportunity Commission (EEOC), stating that recent changes to the EEO-1 form were on an immediate hold pending review by the OIRA. The changes the OIRA put on hold were changes implemented to the EEO-1 form on September 29, 2016, under the former administration. 

On July 6, 2017, the Eleventh Circuit Court of Appeals became the latest circuit to weigh in on whether Title VII of the Civil Rights Act of 1964 (“Title VII”) protects employees from discrimination based on sexual orientation. The court had previously issued a ruling in Evans v. Georgia Regional Hosp, et. al., which held that Title VII did not protect employees from sexual orientation discrimination. The plaintiff petitioned the court for a rehearing; her petition was denied on July 6. Denying the request for a rehearing renders the earlier decision binding, so the Eleventh Circuit interprets Title VII to not protect employees from sexual orientation discrimination. The denial for a rehearing also inches the issue closer to Supreme Court review.

On April 4, 2017, the Seventh Circuit court handed down an en banc decision in Hively v. Ivy Tech College, South Bend, making it the first federal appellate court in the United States to decide that the protections of Title VII of the Civil Rights Act of 1964 extend to workers on the basis of sexual orientation.

Title VII of the Civil Rights Act of 1964 protects employees from job ...

What is “Prevailing Wage Law”?

Kentucky’s prevailing wage law currently requires that contractors on public works projects estimated to cost more than $250,000 pay wages equal to or greater than the wages of similar workers in the locality where the project is being built. Effectively, the law forces contractors, union and non-union alike, to pay wages at the local union scale.

After a nearly two year legal battle, on Oct. 20, 2016, Brent R. Baughman and his team from the firm’s Labor and Employment practice group obtained a 6-1 ruling from the Kentucky Supreme Court, holding Louisville Metro’s minimum wage ordinance “invalid and unenforceable.” The Court determined that despite Louisville Metro’s claim to expansive “Home Rule” powers, it ...

A federal judge in the Eastern District of Texas granted an injunction that prohibits new Department of Labor (DOL) rules on overtime from taking effect nationwide. These rules, set to go into effect on Dec. 1, 2016, would have raised the salary threshold for exempting executive, administrative, and professional employees from overtime rules under the Fair Labor Standards Act ...

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