Daniel A. Kaplan

Daniel A. Kaplan

Foley & Lardner LLP

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Coming Soon to a Federal Contractor Near You: Paid Sick Leave

On Labor Day, September 7, 2015, President Obama signed Executive Order 13706 – Establishing Paid Sick Leave for Federal Contractors. The Executive Order requires that certain federal contractors and subcontractors (the same...more

3/24/2016 - Anti-Retaliation Provisions Barack Obama Comment Period DOL Executive Orders Federal Contractors NPRM Paid Leave Sick Leave Subcontractors Wage and Hour

Wisconsin Supreme Court Split Over Hormel Wage and Hour Claims

On March 1, 2016, the Wisconsin Supreme Court issued its long-awaited decision in UFCW v. Hormel Foods Corp., 2016 WI 13 (March 1, 2016). Unfortunately, many are wondering if the decision will provide useful guidance for...more

3/3/2016 - Corporate Counsel De Minimus Quantity Exemption Doffing Donning Hormel Off-The-Clock Wage and Hour WI Supreme Court

Happy New Year! What Will Employment Compliance Require in 2016?

They say the future tends to repeat the past. When it comes to employment compliance, this may be especially true. With the exception of the laws and regulations applicable to federal contractors, not much changed on the...more

1/6/2016 - Ban the Box Employment Application FLSA Minimum Salary Minimum Wage Sick Leave White-Collar Exemptions

Do Not Forget! Time to Update Your Affirmative Action Plans

Many companies use the calendar year (January to December) as the plan dates for their Affirmative Action Plans (AAPs). For companies that do so, it is important to remember that current year AAPs for January 1, 2015, thru...more

12/8/2015 - Affirmative Action Employment Discrimination Federal Contractors Hiring & Firing OFCCP Subcontractors

Catastrophic Accident Resulted in a Workplace Fatality — Does Not Automatically Mean There Was an OSHA Violation

The Occupational Safety and Health Administration (OSHA) is charged with enforcing the Occupational Safety and Health Act (OSHA Act), and its various regulations intended to keep employees safe in their workplaces. Failure to...more

10/28/2015 - DOL Employer Liability Issues Enforcement Manufacturing OSHA Popular Safety Violations Workplace Hazards Workplace Safety

What Is a "Direct Threat" to Health or Safety Under the ADA?

Most employers understand that the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability. However, an employer may legally decide not to hire an individual with a disability if he or she...more

3/25/2015 - ADA EEOC Hiring & Firing Workplace Safety

The "Equal Pay Report" - Yet Another New Regulation Requiring Compliance by Federal Contractors

The Equal Pay Report – yet another obligation being imposed on federal contractors is coming to you soon. The Office of Federal Contract Compliance Programs (“OFCCP”) released information on another new rule that will require...more

8/26/2014 - DOL EEO-1 Employer Liability Issues Equal Pay Federal Contractors OFCCP Reporting Requirements Subcontractors

Federal Contractor Section 503 and VEVRAA Compliance Solution

Office of Federal Contract Compliance Programs (OFCCP) enforcement is meant to ensure affirmative action and equal opportunity employment for job seekers and wage earners. The federal government spends more than $500...more

7/15/2014 - Affirmative Action Chief Compliance Officers Enforcement Equal Opportunities Federal Contractors OFCCP Rehabilitation Act Subcontractors Training VEVRAA

Coming to Your Workplace Soon? Union Organizing Efforts Via the Company’s Email System

In late 2007, the Bush-era National Labor Relations Board issued what has since simply become known as the Register Guard decision. In that decision, a divided Board (along political lines) held that employees have no...more

5/29/2014 - Corporate Counsel Email NLRA NLRB Register Guard Unions

As the Class Waiver Turns — The Latest in the D.R. Horton Saga

Tuesday, December 3, 2013, marked the latest turn in the D.R. Horton saga. On Tuesday, the Fifth Circuit Court of Appeals rejected the National Labor Relations Board’s (the Board’s) January 3, 2012 ruling in the D.R. Horton...more

12/11/2013 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Collective Actions D.R. Horton Federal Arbitration Act NLRA NLRB

UAW Re-Establishing Importance by Opening Doors With Foreign Carmaker in the U.S.

Union membership has been in a steady decline for decades, reaching, according to a N.Y. Times article, a 97-year low. While much of the perception and general opinion for the sharp decline in 2012 (from 11.8% to 11.3% of the...more

9/24/2013 - Automotive Industry Bureau of Labor Statistics UAW Unions

E-Verify — Am I Required to Use It?

According to the U.S. Citizenship and Immigration Services (USCIS) Web site, “U.S. law requires companies to employ only individuals who may legally work in the United States — either U.S. citizens, or foreign citizens who...more

6/5/2013 - E-Verify Eligibility Federal Acquisition Regulations (FAR) Immigration Reform USCIS

Health Care Providers Beware — You May Be a Governmental Contractor

Executive Order 11246 (Order) was first issued in September 1965 by President Johnson. Its purpose was to prohibit race, religion, color, and national origin discrimination by federal contractors and subcontractors and...more

4/12/2013 - Affirmative Action Contractors Healthcare HMOs Hospitals OFCCP

Don't Get Fried by Davis-Bacon

Web sites abound advising employees they can make “millions” by blowing the whistle on their employers for alleged violations of laws, rules, or regulations. The federal law known as the False Claims Act (FCA) also contains...more

12/18/2012 - Anti-Retaliation Provisions Davis-Bacon Act Discrimination Employer Liability Issues False Claims Act (FCA) Qui Tam Whistleblowers

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