Category Archives: Uncategorized

EEOC Conciliation Obligations to be Decided by Supreme Court

The U.S. Supreme Court recently heard oral argument in in Mach Mining v. EEOC (S.Ct. 2015).  At issue is the Equal Employment Opportunity Commission’s (EEOC) obligation to resolve administrative complaints of discrimination filed under its jurisdiction, which includes civil rights statutes such as Title VII.  Historically, the EEOC has exercised agency discretion in deciding the extent [...]

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Sarbanes-Oxley Retaliation Update

Following the infamous Enron scandal, Congress enacted the Sarbanes-Oxley Act of 2002. Among its other regulatory provisions, the statute includes retaliation protection for employees of pubic companies that engage in whistleblower activities associated with the investigation of corporate fraud.  In Lawson v. FMR LLC, the U.S. Supreme Court recently affirmed that these employee protections extend [...]

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Department of Labor to Implement New FLSA Regulations for Home Health Care Workers

The Fair Labor Standards Act (“FLSA”) requires most employers pay their employees minimum wages and further mandates overtime pay for all hours in excess of a regular 40 hour workweek.  However, the FLSA does contain several notable exemptions.   One of these exemptions, the “Companionship Exemption,” excludes certain home health care employees from minimum wage and overtime [...]

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Limitations in Virginia FOIA Law to be Considered by Supreme Court

The Virginia Freedom of Information Act, Va. Code Section 2.2-3700 et. seq, sets the terms and conditions for the request and disclosure of public records from public bodies, agencies and officials in Virginia.   However, not all records are subject to disclosure.  For example, most personnel records are to be kept confidential, except that employees [...]

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