Labor and Employment Law Roundup

March 03, 2010

In a recent decision, the United States Court of Appeals for the D.C. Circuit became the first federal appellate court to address the applicability of the Lilly Ledbetter Fair Pay Act to failure-to-promote claims. In a ruling that will be well-received by employers, the court held that a promotion denial is not a “discriminatory compensation decision or other practice” covered by the Ledbetter Act. In this update, we examine the D.C. Circuit’s decision, as well as other recent developments in employment law, including:

  • EEOC issues proposed rule clarifying ADEA’s “reasonable factor other than age” defense
  • New York District Court dismisses ERISA “stock drop” suit against directors and officers of Lehman Brothers
  • Federal Court rejects independent contractors’ attempt to pursue FLSA misclassification suit as collective action
  • Pennsylvania agency announces intent to adopt presumption of discrimination in cases involving use of criminal records in hiring process
  • Eighth Circuit provides guidance concerning successor in interest test under USERRA languishes in Congress
  • Arbitration agreement held to bar FLSA suit despite collective action waiver