Noel v. The Boeing Co., 2010 WL 3817090 (3d Cir., October 1, 2010) – In a case of first impression, the Third Circuit Court of Appeals ruled that a failure to promote does not, in itself, constitute discrimination in compensation, and that the Lilly Ledbetter Fair Pay Act of 2009 (FPA) therefore does not apply to toll the statute of limitations with respect to such a claim. The plaintiff alleged failure to promote based upon race, but failed to file a timely EEOC charge before bringing suit under Title VII. He argued that because he was not promoted, he received lower compensation than his coworkers who were promoted, and that under the FPA the statute of limitations began to run anew with each paycheck. The Third Circuit rejected this argument because the plaintiff had not pled a nexus between the failure to promote and the resulting lower salary. A mere failure to promote, the court said, is not covered under the FPA.
A WARN Case Study: Are Workers on Layoff “Employees” and the Hidden Dangers of Exposing Controlled Groups to Liability
Last week the U.S. District Court in Cleveland issued a decision that, once again reminds us in two ways how devilishly tricky the Worker Adjustment and Retraining Notification (WARN) Act can be when determining what is a covered employer and who is liable for a violation of the Act. Blough…..
U.S. Citizenship and Immigration Services (USCIS) has completed the selection process for H-1B cap subject petitions filed for fiscal year (FY) 2020. On April 10, 2019, the agency ran computerized lotteries for both regular cap petitions and those subject to the U.S. advanced degree exemption after determining it had received a sufficient number of petitions to meet the congressionally mandated quota for each category.
Missouri voters have been heard: the state’s minimum wage is on the rise. On November 6, 2018, Missouri voters approved Proposition B, a measure that proposed an increase to the current state minimum wage of $7.85 per hour.