Wyatt Employment Law Report


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OFCCP Reports to Congress On Its Activities

By Edwin S. Hopson

On September 29, 2010, Deputy Director Les Jin of the Office of Federal Contract Compliance Programs of the U.S. Department of Labor (OFCCP) testified before the U.S. House of Representatives’ Subcommittee on Economic Opportunity of the Committee on Veterans’ Affairs regarding OFCCP’s activities over the last year.  He discussed OFCCP’s enforcement of (a) Executive Order 11246, which pertains to the civil rights of employees of federal contractors and subcontractors, (b) the .Vietnam Era Veterans’ Readjustment Assistance Act of1974 (VEVRAA), which prohibits federal contractors and subcontractors from discriminating against specified categories of veterans, including disabled veterans, and which requires that federal contractors take affirmative action to employ and advance in employment such veterans, and (c) Section 503 of the Rehabilitation Act of 1973 (Section 503) that prohibits discrimination against individuals with disabilities and requires that federal contractors take affirmative action in the employment of such individuals.  OFCCP, according to Jin, oversees more than 200,000 establishments with contracts amounting to approximately $700 billion. Continue reading


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NLRB General Counsel Meisburg Leaving to Enter Private Practice

By Edwin S. Hopson

According to a June 2, 2010, announcement from the Proskauer Rose law firm, Ronald Meisburg, General Counsel at the National Labor Relations Board, is leaving government to join Proskauer as a partner in its Labor & Employment Law Department and will practice out of the firm’s Washington, D.C. and New York City offices.

 Meisburg, whose term as General Counsel was to expire in August of this year, had been serving as General Counsel since January, 2006.  He had also served as one of the five Members of the NLRB under a recess appointment by President Bush in 2004.  According to an NLRB press release, Meisburg’s last day in office will be June 20.

 After graduating from the University of Louisville School of Law, Meisburg worked at the U.S. Department of Labor’s Solicitor’s Office and was in private practice in Washington, D.C. for some 25 years before going to the Board.

 President Obama will now nominate a new General Counsel who must be confirmed by the Senate.


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Senate Confirms Patricia Smith to be Solicitor of Labor

By Edwin S. Hopson

On February 4, 2010, the Senate confirmed the nomination of Patricia Smith to be Solicitor of Labor by a vote of 60 to 37.  A vote had been held on February 1 to end a filibuster on Smith’s nomination by Senate Republicans.

The New York Times reported today that some Republican Senators complained that Smith’s nomination was rushed through before Senator Scott Brown of Massachusetts (R) was sworn in eliminating the Democrats’ filibuster-proof majority.


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HELP Committee Republicans Call for Withdrawal of Patricia Smith’s Nomination to be Solicitor of Labor

 By Edwin S. Hopson

The ranking member of the U.S. Senate’s Health, Education, Labor and Pensions Committee, Senator Michael Enzi, and all 10 Republicans on the Committee have called for the withdrawal of President Obama’s nomination of Patricia Smith to be Solicitor of Labor at the U.S. Department of Labor.  On February 1, 2010, Senator Enzi issued a report which can be found on the HELP Committee’s website detailing a number of allegations Enzi claims disqualify her from being confirmed by the Senate.  See http://help.senate.gov/Min_press/2010_02_01.pdf,

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