Hunton Employment & Labor Perspectives

On September 24, 2013, the Office of Federal Contract Compliance Programs (OFCCP) published two rules that impose new affirmative action obligations toward veterans and individuals with disabilities. These rules, issued under VEVRAA (Vietnam Era Veterans Readjustment Assistance Act) and Section 503 of the Rehabilitation Act, create significant new burdens for covered federal contractors and subcontractors.

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On September 24, 2013, the Office of Federal Contract Compliance Programs (OFCCP) published two rules that impose new affirmative action obligations for veterans and individuals with disabilities.  These rules, issued under VEVRAA  (Vietnam Era Veterans’ Readjustment Assistance Act) and Section 503 of the Rehabilitation Act, create significant new burdens for covered federal contractors and subcontractors. 

In a recent Tenth Circuit case, Queen v. TA Operating, LLC, the Court held that judicial estoppel barred the lawsuit of debtors who sought to recover damages that exceeded the amount disclosed in bankruptcy proceedings.  This decision would likely apply to employment litigation as well.  In light of the Court’s holding, defendants who are sued by plaintiffs who have filed for bankruptcy should determine whether the plaintiff failed to disclose the existence of the lawsuit or represented in bankruptcy proceedings that the lawsuit’s value was lower than that claimed in the ...

The U.S. District Court for the District of New Jersey recently ruled that non-public Facebook wall posts are protected under the Federal Stored Communications Act (the “SCA”) in Ehling v. Monmouth-Ocean Hospital Service Corp., No. 2:11-CV-3305 (WMJ) (D.N.J. Aug. 20, 2013).  The plaintiff was a registered nurse and paramedic at Monmouth-Ocean Hospital Service Corp. (“MONOC”).  She maintained a personal Facebook profile and was “Facebook friends” with many of her coworkers but none of the MONOC managers.  She adjusted her privacy preferences so only her “Facebook friends” could view the messages she posted onto her Facebook wall.  Unbeknownst to the plaintiff, a coworker who was also a “Facebook friend” took screenshots of the plaintiff’s wall posts and sent them to a MONOC manager.  When the manager learned of a wall post in which the plaintiff criticized Washington, D.C. paramedics in their response to a museum shooting, MONOC temporarily suspended the plaintiff with pay and delivered a memo warning her that the wall post reflected a “deliberate disregard for patient safety.”  The plaintiff subsequently filed suit alleging violations of the SCA, among other claims.

The Internal Revenue Service (“Service”) has recently issued guidance promised in the wake of the Supreme Court’s decision in United States v. Windsor. (See the IRS news release containing links to Revenue Ruling 2013-17 and frequently asked questions). Building on the precedent set in Revenue Ruling 58-66 that addressed the treatment of common law marriages (which are recognized in some states but not in others), the Service has ruled that, for purposes of federal tax law, an individual’s spouse will be determined by the law of the state in which the marriage was celebrated.