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BT Currents - Hot Topics in Employment Law

18 Jun Obama Directive Offers Relief to Certain Unauthorized Immigrants

Under a new directive from President Obama, unauthorized immigrants who meet specific criteria will not be subject to deportation, and will be eligible to apply for work authorization immediately. To be eligible for relief, individuals must show, on a case-by-case basis, that they: – came to the United States under the age of 16; – have continuously lived in the U.S. for at least five years (before June 15) and are now present in the U.S.; – are currently in school, have graduated from high…

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18 Jun DOL Decision Supports Expansion of SOX Whistleblower Protections To Contractors of Publicly Traded Companies

The Administrative Review Board (Board) for the U.S. Department of Labor (DOL) recently issued a decision, expanding the scope of the whistleblower protections under Sarbanes-Oxley Act of 2002 (SOX). In Spinner v. David Landau and Associates, LLC., the Board specifically rejected an earlier decision issued by the U.S. Court of Appeals for the First Circuit and, instead, found that SOX’s whistleblower protections extend to the employees of contractors and subcontractors of publicly traded companies. In the Spinner case, Thomas Spinner was a Certified Public Accountant,…

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13 Jun Plaintiff’s Efforts to Preclude Her Deposition in Discrimination/Retaliation Suit Rejected by U.S. District Court for the Eastern District of North Carolina

The United States District Court for the Eastern District of North Carolina recently rejected a pro se plaintiff’s efforts to evade being deposed in her suit filed under Title VII of the Civil Rights Act of 1964. Specifically, after suing her former employer North Carolina Department of Administration/North Carolina Human Rights Commission (“NCDOA”), plaintiff Linda Huggins sought a protective order precluding NCDOA from deposing her in relation to her claims of discrimination and retaliation. The opinion, which can be found here, rejected such efforts and…

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11 Jun Business Groups Join In Request For EEOC To Pay For Title VII Case

In Equal Employment Opportunity Commission v. Peoplemark, Inc., Case No. 11-2582, the U.S. Chamber of Commerce, the Equal Employment Advisory Council and the National Federation of Independent Business Small Business Legal Center recently joined Peoplemark, Inc., in its request that Sixth Circuit Court of Appeals uphold the lower court’s award of $752,000 in attorney’s fees and costs awarded to the temporary employment agency after a voluntarily dismissed discrimination action by the U.S. Equal Employment Commission. The lower court’s award of fees and costs to Peoplemark…

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06 Jun Are Your Summer Interns Covered By Federal Anti-Discrimination Laws?

Several months ago the Equal Employment Opportunity Commission (EEOC) issued an informal discussion letter addressing whether interns (paid and unpaid) are covered by the anti-discrimination laws enforced by the agency (e.g. Title VII, GINA).  The Commission’s letter can be found here. With the summer months upon us, we thought it would be helpful to revisit the issue. The analysis for paid and unpaid interns will differ.  For unpaid interns, coverage likely will turn on whether the intern receives “significant remuneration” for his or her services (e.g. workers’ compensation benefits or access…

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