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MEMBER FEEDBACK REQUESTED: OFCCP Issues Promised Guidance on Compliance Checks by Way of Frequently Asked Questions

19-101 | 17 May 2019
OFCCP’s “Compliance Check landing page” contains several resources to help contractors prepare, including a new set of “Frequently Asked Questions.”

U.S. Senate Confirms Cheryl Stanton as Labor Department’s New Wage and Hour Administrator

19-100 | 17 May 2019
A year and a half after she was originally nominated by President Trump for the position, Ms. Stanton has finally been confirmed as the Labor Department’s Wage and Hour Administrator.

MEMBER INPUT REQUESTED: Southern Region Update

19-099 | 17 May 2019
CWC’s latest “Interstate” update looks at recent employment-related state and local developments that have occurred in the Southern Region of the U.S.

CWC’s Brief to the Eighth Circuit in Harris v. Union Pacific Argues That Lower Court Erred in Certifying ADA Class Action

19-098 | 17 May 2019
By design, the Americans with Disabilities Act requires an individualized assessment of whether a person is subject to the law’s protection. Nevertheless, a federal trial court somehow found that a class of more than 7,000 current and former employees were entitled en masse to relief because of an employer’s fitness-for-duty policy. Our brief on appeal argues that the trial court got it all wrong.

Second Circuit in Natofsky v. NYC Joins Several Other Federal Appeals Courts in Holding That “But-For” Standard Applies to Discrimination Claims Brought Under the ADA

19-097 | 17 May 2019
Another federal appeals court has joined its sister courts in finding that until Congress changes the law, a plaintiff attempting to make out a discrimination claim under the ADA must show that any adverse action taken was because of the employer’s intent to discriminate. The plaintiff here argued that the less stringent “motivating factor” test should have applied.

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