Monthly Archives: October 2016

Failing to Contribute to Multiemployer Benefit Fund for “Alter Ego” Company Resulted in Criminal Indictments

A husband and wife who owned two businesses in New Hampshire were indicted in September on charges including mail fraud and false ERISA statements. The charges arose, in part, from the couple’s failure to make benefit fund contributions in connection with one of the two businesses—despite the fact that the business in question was  non-union. […]

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EEOC Issues Final Guidance on Retaliation

The U.S. Equal Employment Opportunity Commission recently issued final Enforcement Guidance on Retaliation and Related Issues. The guidance addresses retaliation under each of the laws enforced by EEOC, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), Title V of the Americans with Disabilities Act (ADA), Section […]

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New ADA Regulations Clarify Definition of Disability

The Department of Justice recently published its Final Rule amending regulations under the Americans with Disabilities Act (ADA) to incorporate changes made to the ADA as a result of the ADA Amendments Act of 2008 (ADAAA). The ADAAA, which went into effect January 1, 2009, was passed by Congress in response to Supreme Court decisions […]

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“Cat’s Paw” Theory of Retaliation: Employers can be held Liable for the Retaliatory Motives of Non-Management Employees

When you investigate an employee complaint of sexual harassment, how you conduct the investigation — and the actions you take as a result – matters a great deal. In fact, given a recent case expanding the basis upon which an employer can be held liable for retaliation, it may matter now more than ever. In […]

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EEOC Pay Data Collection: Get Ready, Here It Comes

On September 29, 2016, the EEOC announced that starting on March 31, 2018, certain employers will be required to submit employee pay data to the agency. The data will be used by the EEOC to combat pay discrimination. The new requirement will apply to private employers, including federal contractors and subcontractors, with 100 or more […]

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