Brody and Associates, LLC • July 15, 2018
The EEOC has released its charge statistics for fiscal 2017! In total, approximately 85,000 charges were filed across the country. Of those, 6,696 alleged sexual harassment. This is interesting in light of the #MeToo movement that began with the Harvey Weinstein scandal in the last part of 2017. It will be interesting to see if there will be a rise in sex-based claims in fiscal year 2018 as a result of the unprecedented movement.
Ogletree Deakins • July 15, 2018
Always a Bridesmaid . . . Well, the Buzz waited patiently for an important call on Monday night, but we were passed over (again). Instead, President Trump nominated Brett Kavanaugh—currently a judge on the U.S. Court of Appeals for the District of Columbia Circuit—to replace Justice Anthony Kennedy on the Supreme Court of the United States. Hera S. Arsen has the details. And if a judge is best evaluated on his or her dissents, another interesting examination of Kavanaugh’s record is this list of his dissents (notice the first case in particular, dealing with “alter egos” under the National Labor Relations Act). Some other thoughts on the nomination:
Jackson Lewis P.C. • July 10, 2018
In the wake of Justice Anthony Kennedy’s retirement, President Donald Trump was presented with the rare opportunity to make his second U.S. Supreme Court nomination in as many years, nominating the Honorable Brett M. Kavanaugh to succeed Justice Kennedy. If confirmed by the Senate, Judge Kavanaugh would bring more than a dozen years of judicial experience to the position.
Littler Mendelson, P.C. • July 10, 2018
On July 9, 2018, President Trump nominated Judge Brett M. Kavanaugh to potentially fill the impending U.S. Supreme Court vacancy created by Justice Anthony Kennedy’s retirement, which takes effect on July 31, 2018. Judge Kavanaugh currently sits on the U.S. Court of Appeals for the D.C. Circuit. He has consistently demonstrated conservative legal reasoning as an appellate judge and is likely to bring that perspective to the Supreme Court, if confirmed.
Brody and Associates, LLC • July 08, 2018
Early this year, the Department of Labor reissued 17 previously withdrawn opinion letters. The Obama Administration withdrew these letters in March 2009, for further consideration but never followed up. The Trump Administration has taken up the torch and reissued the old 2009 opinions.
Ogletree Deakins • July 02, 2018
Kennedy Steps Down. In a week of significant political developments, perhaps the most significant was Supreme Court Justice Anthony Kennedy’s June 27 announcement that he is resigning effective July 31, 2018. The vacancy provides President Trump an opportunity to cement a conservative voting block in the Court for years to come and also provides Republicans with political momentum heading into the November elections. President Trump has promised to select his nominee to replace Kennedy from the 25-person list that the White House had previously made public. Senate Majority Leader Mitch McConnell (R-KY) has promised a vote on the eventual nominee in the fall, before the first day of the Court’s next term in October. While there will be much theorizing about this development in the coming weeks, the Buzz will, as always, be watching for its impact on labor and employment issues (such as whether a newly-formed Court may opine on whether sexual orientation is protected under Title VII of the Civil Rights Act of 1964).
Justice Anthony Kennedy, the US Supreme Court's frequent swing voter on a host of key issues, announced his retirement on the final day of the Court's term. Justice Kennedy's 31-year tenure made him the longest active -serving member of the Court, but more important were his deciding votes in cases involving same-sex marriage, affirmative action, labor law and other key areas.
Fisher Phillips • June 26, 2018
The Trump administration just announced an ambitious plan to overhaul the federal bureaucracy that would include the merging of the Department of Labor (USDOL) with the Department of Education. The 132-page proposal announced on June 21, titled “Delivering Government Solutions in the 21st Century – Reform Plan and Reorganization Recommendations,” says that the merger would bring greater responsiveness, accountability, and efficiency, and would better meet the needs of American workers and students. But what impact would it have on the day-to-day dealings for employers and educational institutions?
Jackson Lewis P.C. • June 26, 2018
Early in the Trump Administration, it was proposed to move OFCCP into the EEOC. Congress subsequently rejected the budget proposal containing the proposed merger and the idea was put to rest.
Ogletree Deakins • June 24, 2018
Agency Overhaul Proposal Announced. On June 21, the Trump administration issued a sweeping proposal to consolidate and streamline federal agencies. Of particular significance to the Buzz is the proposal to combine the departments of education and labor into the Department of Education and the Workforce. The administration maintains that this consolidation will “allow the Federal Government to address the educational and skill needs of American students and workers in a coordinated way, eliminating duplication of effort between the two agencies and maximizing the effectiveness of skill-building efforts.” As it has with most D.C. initiatives, the Buzz has seen this movie before: the Department of Education has been on the chopping block since its inception. The Buzz isn’t sure what makes this time better than any of the other times, so we will go out on a limb and predict that this merger won’t happen anytime soon.