Author Archives: M. Wilson Stoker

Trade Association Sues OFCCP To Challenge New Rehabilitation Act Rule

Associated Builders and Contractors, Inc. (ABC), a construction trade association, has sued the director of the OFCCP and the Secretary of Labor seeking to exclude government contractors in the construction industry from the data collection and utilization review analysis requirements … Continue reading

Posted in DOL | Tagged | Leave a comment

New Texas Law Limits Liability for Employers Hiring Applicants with Criminal Records

The EEOC’s aggressive directive that interprets Title VII as prohibiting blanket rules against hiring applicants with a criminal record has put employers in a bind.  Employers can run background checks and risk EEOC action or forgo background checks and risk … Continue reading

Posted in Discrimination | Tagged | Leave a comment

OFCCP Finally Submits New Disability And Veterans Regulations to OMB

On July 31, 2013, the Office of Federal Contract Compliance Programs (OFCCP) sent its final rules amending federal contractors’ affirmative action and nondiscrimination obligations in regard to disabled persons and protected veterans to the Office of Management and Budget (OMB) … Continue reading

Posted in DOL | Tagged | Leave a comment

No Attorneys’ Fees Recoverable In Mixed-Motive Retaliation Cases

In Carter v. Luminant Power Serv. Co., No. 12-10642 (5th Cir., April 3, 2013), the Fifth Circuit found that  attorneys’ fees are not recoverable for a prevailing plaintiff in a Title VII mixed-motive retaliation case.  More after the break.

Posted in Litigation | Leave a comment

New England Patriots Cut Defensive End Because He Has Diabetes

In a brash move – even by Patriots standards – defensive tackle Kyle Love was cut by the New England Patriots because he of his medical condition, diabetes.  The Pats cut Love just two weeks after his diagnosis with Type … Continue reading

Posted in ADA | Leave a comment

Other States Whistleblower Laws Accommodate Internal Reports To Supervisors. Texas Law Does Not.

On February 22, 2013, the Texas Supreme Court handed down two decisions reinforcing the restrictive nature of Texas’ whistleblower statute.  The Texas whistleblower statute has an “undeniable focus on law enforcement” and only a report to someone who has the … Continue reading

Posted in Texas | Leave a comment

Is An English Arbitration Agreement Unconscionable If The Employee Only Speaks Spanish?

The case of Delfingen US-Texas L.P. v Valenzuela, No. 08-12-00022-CV (Texas Ct. of Appeals, 8th Dist. Feb. 6, 2013), provides employers with something to consider when entering into employment agreements with employees that speak a language other than English.  More … Continue reading

Posted in Texas | Tagged | Leave a comment

Mandatory Park And Ride Scheme Not Compensable Work Time Under FLSA

On January 11, 2013, the U.S. Court of Appeals for the Fifth Circuit found that an employer’s refusal to pay employees for travel time incurred during a mandatory park and ride scheme was not a violation of the Fair Labor … Continue reading

Posted in FLSA/Overtime | Leave a comment

Texas Court of Appeals Denies Employee Special Right of Privacy for Facebook Posts

The Texas Court of Appeals for the Second District recently upheld the dismissal on summary judgment of an invasion of privacy claim brought by a former employee in Roberts v. CareFlite, Case No. 02-12-00105-CV (October 4, 2012).  In doing so, … Continue reading

Posted in Texas | Leave a comment

Texas Supreme Court Finds That Ledbetter Act Does Not Apply To State Law Claims

In Prairie View A&M v. Chatha, Case No. 10-0353, the Texas Supreme Court found that claims under the Texas Commission on Human Rights Act (“TCHRA”) must be brought within 180 days of the date the claimant was informed of the compensation … Continue reading

Posted in Texas | Leave a comment

DOL Finds That OFCCP Does Not Have Jurisdiction Under “TRICARE”

On October 19, 2012, the Department of Labor Administrative Review Board (“ARB”) dismissed an Office of Federal Contract Compliance Programs (“OFCCP”) complaint against Florida Hospital of Orlando (“FHO”).  The ARB found that the OFCCP did not have jurisdiction.  More after … Continue reading

Posted in DOL | Leave a comment

OFCCP Job Fair FAQ

A recent “hot-button” issue for Government Contractors has been applicant tracking and Internet Applicant regulations.   The Office of Federal Contract Compliance Programs (“OFCCP”) recently updated its website to provide guidance to contractors on their obligation to retain resumes received for … Continue reading

Posted in DOL | Tagged | Leave a comment

In Texas, EEOC Intake Questionnaire Is Truly Supplemental And Not To Be Considered In Determining A Charge’s Scope

In Lopez v. Texas State Univ. (Tex. App. – Austin, April 20, 2012), the Texas Court of Appeals found that an EEOC intake questionnaire should not be considered when determining the scope of an administrative charge.  A copy of the  opinion … Continue reading

Posted in Discrimination | Tagged | Leave a comment

Password Protection Act Introduced to Prevent Employers From Requesting Social Network Passwords

The Password Protection Act of 2012 was introduced on May 9, 2012, by several Democratic Senators.  More after the break.

Posted in HR | Leave a comment

OFCCP Allowed To Collect Data For Time Period After Scheduling Letter

In a May 8, 2012, ruling in OFCCP v. Frito-Lay, the Administrative Review Board (ARB) found that the OFCCP has the authority to request AAP data collected after the contractor received the scheduling letter if the request for additional information is … Continue reading

Posted in DOL | Tagged | Leave a comment