12/08/2011

Executive Briefing - Employment & Labor Law/Employee Benefits, December 2011

Executive Briefing is an electronic newsletter that focuses on emerging developments in employment, labor law and employee benefits. View the full text version of Executive Briefing. The following topics are included in the December issue:

EEOC Approves Rule Clarifying RFOA Defense in Disparate Impact Age Claims
On November 16, 2011, the Equal Employment Opportunity Commission approved proposed rulemaking clarifying the "reasonable factors other than age" defense under the Age Discrimination in Employment Act (ADEA). If the proposed rule is subsequently approved, this could negatively impact employers because the rule purports to place a heightened burden on employers defending disparate impact claims under the ADEA.

District Court Recognizes Broad Investigative Scope of the OFCCP in Compliance Audits
In a concerning decision for government contractors, the U.S. District Court for the District of Columbia recognized the U.S. Department of Labor's Office of Federal Compliance Programs broad discretion in seeking compensation information during audits, in a case involving an audit of United Space Alliance, LLC.

Missouri Courts Give Close Scrutiny to Arbitration Agreements
Arbitration of employee claims against employers has been the subject of a series of court cases on the state and federal levels over the past few years. Although these decisions have not been uniform, the general principle that has emerged in Missouri is that provisions mandating arbitration can be enforceable but only under certain, and limited, circumstances.

The NLRB Scrambles to Implement Rule on Quickie Elections
On November 30, 2011, the National Labor Relations Board passed a controversial resolution paving the way to quicker union elections in representative cases. The Board is scrambling now to finalize the rules so they can be amended and voted on before a member's term expires at the end of the year.