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New Legal Challenges to Public Union Agency Fees

Public employees in three different federal circuits filed lawsuits this week challenging the constitutionality of public unions' right to require nonmembers to pay agency fees (also known as "fair share" fees). The...more

Third Circuit Expands Liability Under the ADEA for Disparate Impact Claims

The Third Circuit recently held that the Age Discrimination in Employment Act (ADEA) permits disparate impact claims by older "subgroups" of workers within the law's protected 40-and-over class. Under the court's ruling,...more

Judge Issues Nationwide Injunction on DOL Persuader Rule

A Texas federal judge issued a nationwide preliminary injunction this week barring the Department of Labor (DOL) from enforcing its Persuader Rule, which was set to take effect on July 1, 2016. This is the second federal...more

DOL Issues Notice of Proposed Rulemaking to Implement Executive Order Requiring Federal Contractors to Provide Paid Sick Leave

The Department of Labor (DOL) has published a Notice of Proposed Rulemaking for regulations under President Barack Obama's Executive Order 13706, establishing paid sick leave requirements for federal contractors. EO 13706,...more

New OSHA Directive to Speed Up Resolution of Whistleblower Complaints Under OSH Act, Dodd-Frank, Other Laws

A directive to establish nationwide policies and procedures aimed at speeding up the resolution of “whistleblower” complaints handled by the Occupational Safety and Health Administration (OSHA) was issued on August 19, 2015....more

Employers Must Be Cautious in Addressing Ebola Concerns

Neither the U.S. Equal Employment Opportunity Commission nor the Centers for Disease Control has issued any specific guidance for employers to deal with Ebola issues. With multiple Ebola cases diagnosed in the United States...more

DOL Issues Directive on Gender Identity and Transgender Status

The U.S. Department of Labor's (DOL) Office of Federal Contract Compliance Programs (OFCCP)—which enforces anti-discrimination and affirmative action laws affecting government contractors and subcontractors—has issued...more

Extended Leave Not a Reasonable Accommodation under the Rehabilitation Act, 10th Circuit Holds

A recent appellate court ruling may affect the ability of the Equal Employment Opportunity Commission (EEOC) to challenge "inflexible" employer leave policies, policies that result in the termination of employees who are...more

Philadelphia Commission on Human Relations Issues New Pregnancy Rights Notice

On January 20, 2014, Philadelphia Mayor Michael Nutter signed an amendment to the city’s Fair Practices Ordinance expressly banning discrimination based upon pregnancy, childbirth, or a related medical condition and imposing...more

NLRB Abandons ‘Poster Rule’

The National Labor Relations Board (NLRB) recently announced that it will not seek U.S. Supreme Court review of the two Court of Appeals decisions invalidating the NLRB’s 2011 posting rule requiring employers to post notices...more

New York City Passes Earned Sick Time Act

New York City has become the latest U.S. city to require paid sick leave for many local private sector employees. On May 8, 2013, the New York City Council passed the Earned Sick Time Act by a 45-3 vote....more

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