Labor & Employment Updates

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Cliff Notes from the Joint OCR/NIST HIPAA Security Conference

As a service to our readers, we have distilled last week’s joint HHS Office of Civil Rights (OCR) and National Institute of Standards in Technology (NIST) conference, “Safeguarding Health Information: Building Assurance...more

What next for employment law post-referendum? And post-election?

Kate Hodgkiss a Partner in our Edinburgh office, comments: The people of Scotland have spoken, and the answer is No. No, at least, to independence; however, the three main Westminster political parties were forced to make...more

Employment Law Summer Recap 2014: Part 11 of 11 – GOOOOOOOOOOOOOOOOOOOOOAL: the World Cup and Onionhead Capture America’s...

This summer, the EEOC sued a healthcare company based out of Long Island (pronounced Lawn Guy-land) alleging religious discrimination under Title VII and the New York State Human Rights Law after the owners required employees...more

New ‘Digest of EEO Law’ Issued by EEOC

Includes Key Federal Sector Decisions, Special Article on Failure to State a Claim - WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) today announced the latest edition of its federal sector Digest...more

Harrison Poultry Sued by EEOC for Disability Discrimination

Poultry Hatchery Fired Employee While on Approved Leave, Federal Agency Charged - ATLANTA - Harrison Poultry, Inc. a poultry hatchery located in Bethlehem, Ga., unlawfully terminated an employee with a disability who...more

Kroger Sued by EEOC for Violating ADA

Grocery Giant Fired Cashier at Howell Store Because of Back Impairment, Federal Agency Charges - DETROIT - The Kroger Company of Michigan violated federal law by failing to provide a reasonable accommodation to an...more

Ch Ch Ch Ch Changes: New VETS-4212 Report Means More Changes for Federal Contractors

Ch-ch-ch-ch-changes. David Bowie’s familiar refrain has become the motto of federal contractors everywhere as they struggle to keep pace with the numerous regulatory changes and enforcement initiatives currently being...more

Second Circuit To Decide Retroactivity of Dodd-Frank Bounty Provision

As discussed in a Law360 article by Ed Beeson, the Second Circuit Court of Appeals will decide in Stryker v. SEC, No. 13-cv-4404, whether the SEC needs to pay Dodd-Frank whistleblower bounties to tipsters who provided...more

Senate Unanimously Approves Bill Modifying ERISA Section 4062(e)

On September 16, 2014, the United States Senate unanimously approved Senate Bill 2511, which would amend Section 4062(e) of the Employee Retirement Income Security Act of 1974, as amended (ERISA), to clarify the definition of...more

Federal Court Stops the EEOC’s Assault on CVS’s Severance Agreement

A federal court has tossed the EEOC’s controversial lawsuit against CVS seeking to invalidate its severance agreements. While the EEOC still has a similar lawsuit pending against another company in Colorado, employers can...more

Ireland Takes Big Step in Protecting Whistleblowers

Earlier this year, the Protected Disclosures Act 2014 was enacted in Ireland to protect whistleblowers across all sectors of the Irish economy. Transparency International Ireland has lobbied for whistleblower legislation in...more

It’s Time to Register for the 2016 Diversity Lottery!

On October 1, 2014, the U.S. Department of State will begin accepting requests to register for the 2016 Diversity Immigrant Visa Program (DV-2016), also known as the Green Card Lottery. The Diversity Lottery Program provides...more

Court of Appeal Issues Decision Clarifying the Applicability of Prevailing Wage Law to Offsite Fabrication of Materials

Decision Impacts Public Works Projects in California - The California Court of Appeal has ruled that fabrication of materials for a public works project is not subject to California’s prevailing wage law if it occurs...more

Alien Tort Case Development: Litigation Against Exxon Mobil Corporation May Proceed

In late September, the District Court for the District of Columbia ruled that two closely related cases filed against Exxon Mobil Corporation, and several of the company’s subsidiaries, could proceed. Plaintiffs in both...more

U.S. Diversity Visa Opens October 1, 2014, May Help Workers Obtain Residency More Quickly

The U.S. Department of State has announced that it will open the Diversity Visa lottery registration for FY 2016 on Wednesday, October 1, 2014. The program allows nationals of states with historically low rates of immigration...more

Will They Blow the Whistle for $30 Million? Whistleblower Rewards are Rising, Companies and Individual Lawyers Warned Not to Stand...

Last week, the U.S. Securities and Exchange Commission (“SEC”) announced that it expects to pay the largest whistleblower reward pursuant to Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act...more

Triple Play Sports Bar Appeals NLRB’s Recent Facebook “Like” Decision

In an earlier post, I wrote about the NLRB’s most recent social media decision. In that case, the NLRB held that Triple Play Sports Bar and Grille’s termination of two employees for their participation in a profanity-laced...more

EEOC Sues AutoZone for Sexual Harassment

Tennessee Store Manager Repeatedly Subjected Female Employees to Lewd Comments and Propositioning, Federal Agency Charges - MEMPHIS - AutoZone, a major nationwide retailer of automotive replacement parts and...more

Executive Order Requires Disclosure of Labor Violations

Employers doing business with the federal government must now jump through additional hoops. In yet another example of the executive branch pursuing its agenda outside of the legislative process, President Obama signed...more

OMB Approves Changes to OFCCP Scheduling Letter

The Office of Management and Budget (“OMB”) has approved changes to the current contractor scheduling letter and itemized listing used by OFCCP in compliance reviews. The new letter is expected to be released today. OFCCP...more

Recent Case Reminds Companies That, Though Much Embattled, Independent Contractor Classifications Can Be Valid

The dividing line between employees and independent contractors has been a hot topic in employment law for several years. In addition to the interest the federal government has taken in possible misclassification of...more

Quick Quiz Answer: Pay For Being In On-Call Status

The answer to our September 22, 2014 Quick Quiz is, "Yes, even though the payments are not tied to the on-call hours he works." In declining percentage order, the responses were...more

Employee or Independent Contractor? A Change in the Ground Rules at FedEx Ground

I’ll bet you assume that the hard-working driver who delivers your packages and letters shipped by Federal Express is a FedEx employee. After all, he or she wears a FedEx uniform, drives a FedEx truck, uses a FedEx handheld...more

SEC Announces Highest Whistleblower Award to Date

The SEC recently announced a record-breaking whistleblower award of $30-35 million, which shattered the previous high award of $14 million. See SEC Awards More Than $14 Million to Whistleblower. Not only is this award...more

Will California’s “Kill Switch” Law Kill An Employer’s Ability To Protect Sensitive Company Information?

Will California’s “Kill Switch” Law Kill An Employer’s Ability To Protect Sensitive Company Information? In this digital age, smartphone technology has become essential and ubiquitous to business operations. But the...more

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