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Labor & Employment Updates

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

IHOP Restaurants Sued by EEOC For Sexual Harassment

Conduct Included Simulated Sex Acts, Solicitations for Sex, and Physical Threats, Federal Agency Charges - ST. LOUIS - Two related International House of Pancakes (IHOP) franchises violated federal law when the male...more

Vedder Price Business Immigration Alert - September 2017

by Vedder Price on

1. September 18, 2017: Employers Must Use New I-9 Form. As you may recall, the U.S. Citizenship and Immigration Services (“USCIS”) recently released yet another revised version (edition 07/17/17) of Form I-9, Employment...more

Proposed 2016 “White Collar” Regulations Struck Down; DOL Starts Work on New Regulations

The winding legal path of the 2016 “white collar” regulations has come to an end. On August 31, 2017, the Honorable Amos L. Mazzant of the U.S. District Court for the Eastern District of Texas struck down the U.S. Department...more

EEOC Sues S&C Electric Co. for Age and Disability Discrimination

Employer Fired Employee After 52 Years of Service Rather Than Returning Him From Medical Leave, Federal Agency Charges - CHICAGO - S&C Electric Co. in Chicago unlawfully fired an employee on the bases of age and...more

Phase One Of Grubhub Trial Ends; Waiting Game Begins

by Fisher Phillips on

The evidentiary phase of the Grubhub misclassification trial ended last week; now the gig economy world waits with baited breath for a final ruling. For those unfamiliar with the situation, this could be the first time the...more

Chris Lazarini Provides Insight on Lawsuit Dismissal on Res Judicata Grounds

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini provided insight on a lawsuit involving a former broker of Wells Fargo who sued the firm in state court for fraud and personal injury when the company initiated a foreclosure action...more

EEOC Sues Malcolm S. Gerald & Associates for Sexual Orientation Discrimination

Collection Company Subjected Employee to Repeated Harassment Based on His Sexual Orientation, Federal Agency Alleges - CHICAGO - Collection agency Malcolm S. Gerald & Associates violated federal law by subjecting an...more

Department of Labor Releases New Pregnancy Discrimination Poster

by Shipman & Goodwin LLP on

Last week I talked about the new state law regarding pregnancy discrimination that is going into effect on October 1, 2017. In that post, I mentioned a new notice that was required to comply with the law....more

Oral Contract Upheld in California Despite Offer Letter Purporting to Supersede It

Does an employment offer letter that expressly supersedes any oral statements on the part of supervisors concerning conditions of employment preclude verbal wage promises made after the employee is hired? Chen v. M&C Hotel...more

Interference On The Defense? Tenth Circuit Reinstates EEOC’s Formerly Dismissed Claim

by Seyfarth Shaw LLP on

Seyfarth Synopsis: After a federal district court dismissed the EEOC’s unlawful-interference claim against a private college that had sued a former employee for allegedly breaching a settlement agreement by filing an EEOC...more

Failure to Complain About Sexual Harassment Over Long Period of Time Dooms Later Claims

In most cases in order to demonstrate a hostile working environment due to sex, a plaintiff must show multiple incidents of harassment over a period of time. However, in some situations, allegations of harassment that occur...more

Federal Appeals Court Affirms Six-Figure Jury Verdict in Pregnancy Discrimination Act Claim

by Franczek Radelet P.C. on

A recent decision issued by the U.S. Court of Appeals for the Eleventh Circuit serves as a cautionary tale for employers quick to deny employees’ requests for accommodations after returning from maternity leave. The Pregnancy...more

Magnum, SMH

by FordHarrison on

Who could possibly sully the sainted memory of Thomas Magnum, fictional private investigator and iconic 1980s bon vivant? All 45 of these guys, apparently....more

OFCCP Holds First of Three Compliance Assistance Town Hall Meetings

As we previously reported, the OFCCP announced in August that it would hold three “compliance assistance” town hall meetings. The first was held on September 19, 2017, at the Department of Labor’s Headquarters in Washington,...more

New York Salary History Inquiry Ban

by Dentons on

On May 4, 2017, New York City Mayor Bill de Blasio signed into law Introduction Number 1253-A, which prohibits employers from inquiring about a job candidate's salary history during the hiring process. Dentons' Employment and...more

Rescission of Deferred Action for Childhood Arrivals (DACA)

by Cozen O'Connor on

On September 5, 2017 DHS rescinded the June 15, 2012 memorandum issued by President Obama which established the “DACA” program. The “DACA” rescission requires individuals that are seeking an extension of their status to file...more

Singapore: A Changing Paradigm in Redundancy and Reductions in Force

by Morgan Lewis on

Recent changes in the notification and oversight process for redundancy and RIF exercises show the Ministry of Manpower’s strengthened commitment to employee rights....more

French Elections Pave Way for Labor, Tax Reforms

In the months following the election of President Emmanuel Macron, who is perceived as pro-business, as well as a parliamentary election in which the new president’s party won the majority, companies and entrepreneurs have...more

2017 Labor & Employment Legislative Update: The End is Near!

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Governor Jerry Brown has till October 15 to approve bills the Legislature sent to his desk by its Friday, September 15, deadline, including bills that would require employers to ”show us the money” for...more

Save Local Business Act Introduced in the House

The House Education and the Workforce Committee held a joint subcommittee hearing last week to analyze the “Save Local Business Act” (H.R. 3441 – Byrne), a measure that would amend the National Labor Relations Act and the...more

Court Affirms Arbitration Award, Finding No Violation Of Due Process Where Party Elected Not To Present Certain Evidence

by Carlton Fields on

Wilson, a former salesperson for Oracle, had unsuccessfully appealed the amount of her commission through Oracle’s internal compensation review process. Wilson then submitted a claim for arbitration alleging breach of...more

Court Cases Challenge English-Only COBRA Election Procedures

by McDermott Will & Emery on

Two pending federal cases could reveal situations in which employers with a significant multi-lingual workforce should provide translated versions of their COBRA election materials....more

IRS, PBGC and DOL Provide Additional Hurricane Relief

The IRS issued an announcement paralleling the relief granted to Hurricane Harvey victims to those in Florida affected by Hurricane Irma. Announcement 2017-13 (the “Announcement”) relaxes hardship distribution standards for...more

European Court Provides Further Clarity on Employee Monitoring

by BakerHostetler on

The September 5, 2017, decision of the Grand Chamber of the European Court of Human Rights (ECHR) in Barbulescu v Romania (Barbulescu) has interrupted a recent trend toward limiting privacy in the European workplace. The...more

USCIS Reinstates Premium Processing for H-1B Cap Subject Petitions

by Cozen O'Connor on

USCIS announced on Monday, September 18, 2017, that it will immediately accept premium processing requests of all H-1B visa petitions subject to the Fiscal Year (FY) 2018 cap. H-1B cap petitions filed in April 2017,...more

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