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Recent EEOC Lawsuits

ENGlobal Engineering
A Beaumont-based engineering firm, will pay $100,000 and provide additional remedial relief to settle a disability discrimination lawsuit brought by EEOC. ENGlobal was charged with unlawfully firing an employee because it mistakenly assumed he had multiple sclerosis (MS) that would substantially limit his ability to work.  

Sonic Drive-In
Owners of a Sonic restaurant in Los Lunas, N.M., have agreed to settle a sex discrimination and retaliation lawsuit filed by EEOC for $2 million. 

AutoZone Inc.
EEOC obtains $600,000 verdict against AutoZone for failure to accommodate a 
disabled employee.

New Regulations Under the FLSA to take Effect May 5, 2011

The Department of Labor's latest revision of overtime regulations under the FLSA means that employers need to re-evaluate their payroll practices. Under the new revisions, fluctuating workweek employees should not receive any bonuses or non-overtime
premium payments.

Also, employers who rely on the FLSA’s tip credit provision should review their procedures for informing tipped employees about their use of the tip credit.

> Fact Sheet #15: Tipped Employees Under the FLSA 

> Federal Register

> Read Seyfarth Shaw's Alert

Another Reason to Have Your Employee Handbook Reviewed

All employers, and particularly all hospitality industry employers, should contact labor counsel to review their Employee Handbooks to ensure that the Handbooks contain no language that could be construed as overbroad with respect to solicitation, distribution, employee access to the employer’s premises, and/or the wearing of buttons or other insignia.  It is important to do so before a union begins organizing employers’ employees or before a decertification election is requested so that any negative effects of the overbroad language can be repudiated.

Read MyHRHelp Alert

EEOC approves final regulations under the ADA Amendments

The Office of Management and Budget will review the proposed regulations. It is expected that final disability regulations will be coming soon. Topics that may be addressed could include: whether a number of specified conditions will "consistently meet" the definition of disability, including cancer, cerebral palsy, diabetes, epilepsy, HIV and AIDS just to
name a few.

Read MyHRHelp - EEOC Changes Legal Landscape with Final Regulations on 2008

Read Seyfarth Shaws - Management Alert for Further Topics That May be Discussed

How is Lilly Ledbetter helping sell EPL?

The Lilly Ledbetter Fair Act was passed in 2009. The following article discusses the impact of this legislation on businesses.

Read article

Department of Labor Targeting the Hospitality Industry for Compliance Audits

The U.S. Department of Labor (DOL) is planning an initiative specifically targeting the lodging industry for audits by the department’s Wage and Hour Division....

Link to more information on this topic:

Seyfarth Shaw Article 

American Hospitality and Lodging Association Audit Resource Guide

Harassment Policy Good Idea for Solo, Small-Firm Lawyers

Smart solo practitioners and small law firms should adopt anti-harassment policies for their own firms. That’s the advice of several employment law experts, who say that small firm attorneys often forget they are business owners, subject to the same employee concerns as other employers.

Read Lawyers USA Article

Social Media and the Work Place: Managing the Risks

As social media use continues to expand, companies of all types and sizes will face questions regarding employers’ and employees’ respective rights and responsibilities.

Read Jackson Lewis White Paper

Despite Backlash, Florida To Remain FLSA Hotbed

In recent years, FLSA litigation has soared across the U.S..."I know I've scratched my head, and a lot of people have said, 'What is it about Florida that there's just this high level of filing?'"...

Read entire Law 360 article about wage and hour litigation in Florida

Click here for more information about wage and hour trends