More to come, but here's a peek. Continue Reading ›
The feds are talking about NLRB-EEOC coordination, an end to collection of compensation data, and an inflation-indexed salary test for the overtime exemption. Here's the scoop. Continue Reading ›
(Not an actual letter from Mr. Kleber.
Last week, I received a scathing comment from Dale Kleber, a Chicago-area lawyer and a plaintiff in an age discrimination lawsuit. Mr. Kleber did not like my gut reaction to his lawsuit, which was based on an article that I’d read in The Washington Post. It appeared to me that Mr. Kleber — then a 58-year-old lawyer with roughly 30 years of experience, including experience as a CEO of a dairy industry trade group, Chief Legal Counsel, and General Counsel — was rejected for a low-level in-house staff attorney position because he was overqualified for the position, not because he was 58 years old.
Prompted by Mr. Kleber’s comment, I have now read the court papers (well, a lot of them, anyway).*
*Mr. Kleber’s case is currently on appeal to the U.S. Court of Appeals for the Seventh Circuit, but it is still in the very early stages. For you procedural nerds, I’ve included a summary at the end of this post. Non-nerds can skip it.
Now that I know more about Mr. Kleber’s lawsuit, I haven’t changed my mind. In other words, I still think he was rejected for being overqualified.
Can’t “overqualified” be a code word for “too old”? Yes, but not necessarily. Read on! Continue Reading ›
This just in, from Randel Johnson, Vice President of Labor, Immigration, and Employee Benefits at the U.S. Chamber of Commerce:
Members of the Chamber’s Labor Relations and Employee Benefits Committees:
We have just learned that the deadline for compliance with the new EEO-1 form reporting requirement for data on hours and compensation will be stayed indefinitely. According to our sources, [the Office of Information and Regulatory Affairs of the Office of Management and Budget] based their decision on two grounds, one of which was the appeal submitted by the Chamber that highlighted the new form’s problems with cost, utility, and confidentiality. [The Equal Employment Opportunity Commission] will be publishing further details about what actions they will be taking and any future deadlines and timelines in the Federal Register.
This is a victory, not just for the business community, but for common sense in the world of regulations and information collection. As you know, the Chamber was at the forefront throughout the development of the revised form in crafting arguments opposing EEOC’s gross overreach in expanding the existing EEO-1 form to unmanageable proportions without any discernable benefit. . . .
We will provide more details on this important development as they become available.
Hopefully you’ll find this good news as the summer comes to an end!
I was not a fan of this new EEO-1 reporting requirement, so I am happy as a clam. Continue Reading ›
This is Constangy’s flagship law blog, founded in 2010 by Robin Shea, who is chief legal editor and a regular contributor. This nationally recognized blog also features posts from other Constangy attorneys in the areas of immigration, labor relations, and sports law, keeping HR professionals and employers informed about the latest legal trends.
