Hera Arsen, Ph.D.

Hera Arsen, Ph.D.

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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Who Is Alexander Acosta, and Will He Be the New Labor Secretary?

Within less than 24 hours following the withdrawal of Andrew Puzder, President Trump’s first choice to fill the position of Secretary of Labor, the president announced at a press conference on Thursday, February 16 that his...more

2/17/2017 - Nominations Secretary of Labor Trump Administration

5 FAQs on the New Federal Contractor Privacy Training Requirement

Federal government contractors must comply with new privacy training procedures as a result of a final rule issued by the U.S. Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and...more

2/10/2017 - Covered Employer Federal Acquisition Regulations (FAR) Federal Contractors Personally Identifiable Information Privacy Rule Recordkeeping Requirements Training Requirements

Super Bowl 51: What to Do When the Fantasy is Over and Football Fever Becomes a Work Reality?

Super Bowl 51 is just around the corner, and many of your employees probably already have football fever. According to a January 2016 study conducted by the Workforce Institute at Kronos, 77 percent of American workers...more

2/3/2017 - Employment Policies Fantasy Sports Football Sports Gambling Super Bowl

The Supreme Court Short List: Who Might Trump Pick to Be the Newest Justice?

Since the death of Associate Justice Antonin Scalia of the Supreme Court of the United States, the political world has been waiting—through a failed nomination of a successor, a presidential campaign and election, and the...more

1/31/2017 - Judicial Appointments Justice Scalia SCOTUS Trump Administration

President Trump Appoints Lipnic to Serve as Acting Chair of the EEOC

On January 25, 2017, the U.S. Equal Employment Opportunity Commission (EEOC) announced that President Trump has appointed Victoria Lipnic to serve as the acting chair of the federal agency. Lipnic will take over for Jenny...more

1/26/2017 - EEOC Political Appointments Trump Administration

Governor Cuomo Signs Executive Orders to Close the Wage Gap as part of “New York Promise” Agenda

There is no doubt that pay equity and pay data have both been a major focus of the federal government enforcement agenda during the Obama administration. While we wait to see if and how the Trump administration will address...more

1/13/2017 - Corporate Counsel Executive Orders Governor Cuomo Hiring & Firing Obama Administration Pay Equity Laws Pay Transparency State Contractors Trump Administration

Santa Monica Employers Ring in the New Year With Paid Sick Leave

In January of 2016, the Santa Monica City Council adopted an ordinance that would both raise the city’s minimum wage and impose paid sick leave requirements—in addition to those imposed by the state’s paid sick leave...more

1/3/2017 - Amended Regulation Local Ordinance Minimum Wage Paid Sick Leave Act Wage and Hour

The “Opposite of Work”: California Supreme Court Issues On-Call Rest Break Ruling

On December 22, 2016, the Supreme Court of California ruled that California law prohibits on-duty and on-call rest periods. According to the court, “[d]uring required rest periods, employers must relieve their employees of...more

12/27/2016 - CA Supreme Court Class Action Corporate Counsel Employer Liability Issues Popular Rest and Meal Break Wage and Hour

New York City Legislation Protecting Gig Workers Heads to Mayor’s Desk

On October 27, 2016, the New York City Council passed legislation that would establish protections for freelance workers. “Establishing protections for freelance workers” (Int 1017-2015) protects independent contractors’...more

11/28/2016 - Freelance Workers Gig Economy Independent Contractors Labor Standards Enforcement Pending Legislation

Federal Court Permanently Enjoins the Persuader Rule

On November 16, 2016, the U.S. District Court for the Northern District of Texas (Lubbock Division) converted its injunction preventing implementation of the U.S. Department of Labor’s revised persuader rule on a national...more

11/17/2016 - DOL LMRDA Persuader Rules Preliminary Injunctions Unions

The Straight Dope on the Marijuana Measures: Which Ones Passed and Which Went Up in Smoke

On Tuesday, November 8, 2016, voters in nine states with marijuana-related measures on their ballots made their voices heard. California, Maine, Massachusetts, and Nevada voters approved recreational adult-use marijuana...more

11/14/2016 - Decriminalization of Marijuana General Elections Medical Marijuana

Does the ADA Protect a Customer Service Agent With Dissatisfied Customers? The Ninth Circuit Says No

The Ninth Circuit Court of Appeals recently ruled against a failure-to accommodate claim brought by a customer service employee who was fired for poor performance. According to the court, the former employee, who suffered...more

11/10/2016 - ADA Amazon Corporate Counsel Essential Functions Failure to Accommodate Medical Leave Reasonable Accommodation Summary Judgment

New York Attorney General Answers White House’s Call: Promises Bill to Curb Non-Compete Use

On the same day that the White House released its “State Call to Action on Non-Compete Agreements,” encouraging states to adopt best practice policies in the enforcement of non-compete agreements, New York State’s Attorney...more

11/8/2016 - Attorney Generals Corporate Counsel Non-Compete Agreements Proposed Legislation Restrictive Covenants

DOL Launches Worker.gov Beta: What to Expect From the New Employee Resource

On October 28, 2016, the U.S. Department of Labor (DOL) announced on its blog that it has launched the beta version of a new website, worker.gov, intended to help workers find quick solutions to their workplace problems. At...more

10/31/2016 - Dolan v City of Tigard Public Comment Websites

The New Antitrust Guidance: DOJ and FTC Offers Direction to HR Professionals

On October 20, 2016, the Department of Justice (DOJ) Antitrust Division and Federal Trade Commission issued a guidance aimed at alerting human resources professionals on potential violations of the antitrust laws. According...more

10/28/2016 - Antitrust Violations Criminal Liability DOJ FTC Hiring & Firing Human Resources Professionals New Guidance Non-Solicitation Agreements Wage and Hour Wage-Fixing

A Call-to-Action: Obama Administration Encourages States to Ban Noncompetes for Low-Wage Workers and Certain Other Employees

On October 25, 2016, the Obama administration released a fact sheet announcing the steps that the White House is taking to “enhance competition to benefit consumers, workers, and entrepreneurs.” The administration’s actions...more

10/27/2016 - Competition Defend Trade Secrets Act (DTSA) Entrepreneurs Executive Orders Non-Compete Agreements Obama Administration Public Policy

Contractor Blacklisting Rule Enjoined at the Last Minute

On October 24, 2016, a Texas judge issued a preliminary injunction in a case challenging the so-called contractor blacklisting rules, which were scheduled to take effect today, October 25. The final regulations, which the...more

10/25/2016

Paid Sick Leave for Federal Contractors is Here: DOL Announces Final Rule

On September 29, 2016, the U.S. Department of Labor (DOL) announced publication of the final rule implementing the paid sick leave executive order that applies to federal contractors. Executive Order (EO) 13706, Establishing...more

9/29/2016 - DOL Employer Mandates Executive Orders Federal Contractors Final Rules Paid Leave

GAO Report Finds Weaknesses in OFCCP Compliance Evaluations

On September 22, 2016, the U.S. Government Accountability Office (GAO) released a report evaluating the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP). The report, entitled “Equal...more

9/23/2016 - DOL Federal Contractors GAO Information Reports Non-Discrimination Rules OFCCP

Low-Wage Employees in Illinois Protected From Noncompetes Under New Law

On August 19, 2016, Illinois Governor Bruce Rauner signed a bill prohibiting noncompete agreements for low-wage employees. In addition to prohibiting most private-sector employers from entering into noncompetes with its...more

8/29/2016 - Governor Rauner Low-Wage Workers New Regulations Non-Compete Agreements

Is Your Conference Room a PokéStop? Employer Hacks for When Apps Attack

A recent CareerBuilder survey found that 24 percent of employees are using their smartphones for gaming while at work. This number is sure to be on the rise with the release of the Pokémon Go game. According to recent...more

8/3/2016 - Employment Policies Mobile Apps Pokemon Smartphones Video Games

OMB Renews OFCCP’s Scheduling Letter and Itemized Listing Until 2019

On July 1, 2016, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced that the Office of Management and Budget (OMB) renewed the Scheduling Letter and Itemized Listing for three...more

7/5/2016 - Affirmative Action Confidential Information Contractor Audits Federal Contractors OFCCP OMB Scheduling Letters

Fisher, the Sequel: Supreme Court Upholds Public University’s Affirmative Action Program

On June 23, 2016, the Supreme Court of the United States ruled that the race-conscious admission program that a public university used for undergraduate admissions was lawful under the Equal Protection Clause of the...more

6/24/2016 - Affirmative Action College Admissions Diversity Equal Protection Fisher v University of Texas Fourteenth Amendment Race Discrimination Reverse Discrimination SCOTUS Strict Scrutiny Standard Universities University of Texas

Car Dealership’s Service Advisors’ Overtime Controversy Stalls in the Supreme Court

On June 20, 2016, the Supreme Court of the United States issued a ruling regarding the Fair Labor Standards Act’s (FLSA) overtime exemption for “any salesman, partsman, or mechanic primarily engaged in selling or servicing...more

6/21/2016 - Arbitrary and Capricious Car Dealerships Chevron Deference DOL Exempt-Employees FLSA Navarro v Encino Motorcars Over-Time SCOTUS Service Advisors Wage and Hour White-Collar Exemptions

SCOTUS Rules: Notice of Resignation Starts the Clock in a Federal Employee’s Constructive Discharge Case

On May 23, 2016, the Supreme Court of the United States decided when the limitations period for filing a lawsuit begins to run for a federal employee claiming he or she resigned—or was “constructively discharged”—due to...more

5/24/2016 - Constructive Discharge Corporate Counsel EEOC Federal Employees Green v Brennan Race Discrimination Resignation Retaliation SCOTUS Statute of Limitations Title VII USPS

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