No Clarity Yet from Court on EEO-1 Deadline

Despite another hearing having been held this week in the federal court in DC, there is no further clarification on the final deadline for submission of pay data in the court challenge brought by advocates. The court this week admonished EEOC for not having their act together and for removing the requirement completely earlier this…

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DC Circuit Decides Browning-Ferris, sort of

On December 28th, the D.C. Circuit Court of Appeals issued its long-awaited Browning-Ferris Industries appeal decision – nearly two years after oral arguments were presented in the case. In a 2-1 split decision, the court found that BFI should not be considered a joint employer, but at the same time found that the analytical structure with which the…

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Over, But Not Gone

As we advised a few weeks ago, the NLRB reversed its egregious decision in Browning-Ferris and the definition of a joint-employer has reverted to the long accepted version of “direct and immediate control” over employees rather than the Obama-era “indirect and unexercised” control standard. Notwithstanding, proponents of retaining the 2015 definition continue to pursue avenues…

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