John C. Fox, Esq. is one of the most experienced trial lawyers in the United States defending companies in “bet-the-bank” and other substantial employment cases. Mr. Fox is the President and a Senior Partner of Fox, Wang & Morgan P.C. Mr. Fox counsels companies and tries employment law cases in state and federal courts throughout the United States. He is also a nationally known and recognized l...
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The Fox OFCCP Report by John Fox, Esq. - Jun, 2013 June 2013 IF YOU ARE USING OFCCP-REQUIRED AFFIRMATIVE ACTION PROGRAMS CORRECTLY, YOU WILL NOT FEAR THE COMING U.S. SUPREME COURT DECISION IN FISHER V. UNIVERSITY OF TEXAS The precise legal question presented in Abigail Noel Fisher v. University of Texas at Austin et al., No. 11-345 (U.S. Sup Ct, cert granted 2/21/12) is: "Whether this Court's decisions interpreting th... |
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The Fox OFCCP Report by John Fox, Esq. - May, 2013 May 2013 The New Rules for OFCCP Onsite Audits: How Much "Cause" is "Probable" Enough? I think many readers are going to be very surprised by this column because OFCCP has recently completed a very BIG change to its audit procedures, but did not tell anyone. No News Release. No Federal Register Notice. No Webinar. Not even a "podium policy" announcement. And yet, the change ... |
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The Fox OFCCP Report by John Fox, Esq. - Apr, 2013 April 2013 HOW OFCCP COVERS HOSPITALS HERE'S THE RACK-UP AFTER THE UPMC CASE DECISION I was going to write about the provocative way OFCCP currently selects contractors and contractor establishments for audit, but the tenor and volume of calls and e-mail traffic to my desk in the last two weeks from health care clients and industry representatives have persuaded me I need to... |
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The Fox OFCCP Report by John Fox, Esq. - Mar, 2013 March 2013 OFCCP's Great Compensation Discrimination Publicity Stunt of 2013: A Change without a Difference Amid great press fanfare, OFCCP reported February 26, 2013 via News Release and personal phone calls that it had released, effective February 28, 2013, the shackles the agency felt the Bush Administration had placed on the agency in 2006 and which had prevented OFCCP for the la... |
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The Fox OFCCP Report by John Fox, Esq. - Feb, 2013 February 2013 OFCCP’s New Use of Publicity and Press Releases: New Sheriff, New Rules and New End Objectives First, you should know that media policy is governed by the Secretary of Labor’s Press Officer, and not by the individual agencies within the U.S. Department of Labor. So, the rules could change again with the President’s appointment of, and the Senate’s confirmation of, a new... |
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The Fox OFCCP Report by John Fox, Esq. - Jan, 2013 January 2013 What's New at OFCCP for 2013 A Potpourri of Recent Changes to OFCCP Policies and Audit Procedures HAPPY NEW YEAR! This first column of the year is a blend of predictions looking forward and a potpourri of recent OFCCP developments, both small and large. The Change of Administration Changes Everything: Potentially including Both Substance and Timing ... |
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The Fox OFCCP Report by John Fox, Esq. - Nov, 2012 November 2012 What the Obama Re-Election Means For OFCCP "You're going to need a bigger boat" It does not mean "more of the same". The President won a narrow, but nonetheless decisive, victory. But, he has little or no "mandate" and had very short "coattails", as pundits say in the Nation's Capital. While the states will continue to tally ballots for several more weeks and r... |
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The Fox OFCCP Report by John Fox, Esq. - Oct, 2012 October 2012 OFCCP's New Formulas to Identify Federal Contractors For Audit I cannot currently prove it in a court of law, but I would bet my next paycheck that I know how OFCCP is now going about the task of selecting federal contractors for audit. OFCCP roiled the waters last year in Fiscal Year 2012 with new and secret procedures to select contractors for audit. While the Pr... |
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The Fox OFCCP Report by John Fox, Esq. - Sep, 2012 September 2012 Notes from Kona and the 2012 NILG Meeting For those of you who do not know, the National Industry Liaison Group ("NILG") held its annual meeting at Kona, on the Big Island of Hawaii August 27-31, 2012. For those of you unfamiliar with the NILG, please go to: www.nationalilg.org Most lasting impression (other than pink/purple sunsets with a fireball red sun sinking... |
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The Fox OFCCP Report by John Fox, Esq. - Aug, 2012 August 2012 The Strange Case of Hawaii and Puerto Rico: Or, Where to Affirmative Action? By convention and practice (not by Executive Order, statute, regulation or guideline), OFCCP has never required covered federal contractors and subcontractors to prepare Affirmative Action Plans for minorities for their establishments in Hawaii or Puerto Rico. OFCCP has nonetheless always require... |
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