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Labor & Employment Updates

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

Alphabet Soup — Changes to the Affordable Care Act

by LeClairRyan on

With the new Trump administration and Republican control of Congress, there has been a lot of discussion about eliminating the Affordable Care Act and replacing it with a different set of rules. Legislation has passed the...more

DOJ Backs Class Action Waivers

by LeClairRyan on

The United States Department of Justice (DOL) has made an about face and now takes the position that class action waivers in arbitration agreements are enforceable. The change in position from the Trump Administration’s DOJ...more

How to Survive the Dog Days of Summer: OSHA’s Yearly Heat Campaign Sizzles

On June 26, 2017, the Occupational Safety and Health Administration (OSHA) announced the return of its heat illness prevention campaign: “Water. Rest. Shade.” As part of the seventh annual heat illness prevention campaign,...more

New Guidance on Coverage for Eating Disorders

by Tucker Arensberg, P.C. on

The Departments of Labor, Treasury, and Health and Human Services recently released a frequently asked question (“FAQ”) regarding the implementation of the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction...more

The Questionable Non-Compete: How to Hire Someone but Avoid a Tortious Interference Claim

by Nilan Johnson Lewis PA on

The Scenario - Your company has a great applicant for a job opening, Jane, but you learn during the interview process that Jane signed a non-compete agreement with her current employer. You can quickly spot some reasons...more

Recess Update on the Affordable Care Act and Its Repeal and Replacement

by Ballard Spahr LLP on

The momentary lull in congressional activity on health care provides an opportune time for an update on the efforts to repeal and replace the Affordable Care Act (ACA)....more

Hello & Goodbye: More Changes at the NLRB

by Seyfarth Shaw LLP on

As we previously reported, President Trump nominated two candidates for vacancies on the five-member National Labor Relations Board – William Emanuel and Marvin Kaplan. ...more

Series: Defend Trade Secrets Act | Pleading A Claim Under the DTSA

by Fish & Richardson on

Courts have had over a year to address the pleading requirements under the federal Defend Trade Secrets Act (“DTSA”), after it took effect in May 2016. The general pleading standard remains the plausibility test under the...more

Ninth Circuit Revisits Article III Standing For An Alleged FCRA Violation

by Littler on

On August 15, 2017, the U.S. Court of Appeals for the Ninth Circuit issued another opinion in the saga of Robins v. Spokeo, Inc.—a case dealing with the question of what violations of a federal statute are sufficient to...more

Ford Motor Company to Pay up to $10.125 Million To Settle EEOC Harassment Investigation

Blacks and Women Subjected to Harassment at Two Chicago Facilities, Federal Agency Found - CHICAGO - Ford Motor Company has agreed to pay up to $10.125 million to settle sex and race harassment for a group of individuals...more

Employer Be Careful - Noncompliance Events Will Be Published

by Seyfarth Shaw LLP on

The Chinese Ministry of Human Resources and Social Security (“MHRSS”) implemented the Measures on Publication of Significant Violations of Labor and Social Security Laws (“Measures”) effective January 1, 2017. The Measures...more

Arbitration Award Consistent with the One Day Rest in Seven Act

by Franczek Radelet P.C. on

In Mondelez Global LLC v. International Association of Machinists and Aerospace Workers District No. 8, an employer prohibited its unionized employees from working seven consecutive days without a 24-hour rest period. The...more

NC “Employee Classification” Law Warrants Caution But Doesn’t Change Substantive Law

On August 11, Gov. Roy Cooper signed into law the North Carolina Employee Fair Classification Act. The portion of the legislation that deals with worker classifications will take effect December 31....more

OSHA To Hold Second Public Meeting To Discuss Voluntary Protection Programs

by Cozen O'Connor on

As generally expected under a Republican administration, OSHA appears more focused on compliance and a collaborative working relationship with businesses. As part of this strategy, OSHA recently announced it will hold its...more

Is the Shipping Industry Ready for UK Gender Pay Gap Reporting?

by Reed Smith on

It’s an acknowledged fact that women are significantly underrepresented in the shipping industry – accounting for just 2% of the workforce globally. As major companies begin to publish data about their gender pay gaps,...more

Salary History To Ask or Not To Ask

The question of salary history has long been a topic of disagreement between employers and their prospective employees. One party wants to know, while the other prefers not to tell. Both have what they consider to be valid...more

New Jersey Appellate Court Tosses Employee Arbitration Agreement

In Dugan v. Best Buy, an unreported decision (thus far) by the New Jersey Appellate court, we are again reminded of the requirement that an employee’s waiver of the right to sue contained in an employee-employer arbitration...more

Why The Chicago And Cook County Paid-Sick-Leave Ordinances May Apply To Your Organization

by Jackson Lewis P.C. on

Paid-sick-leave ordinances (PSLOs) became effective in the City of Chicago and Cook County on July 1, 2017. The PSLOs require employers to grant paid sick leave to employees on terms more generous than what most employers...more

New York City Companies: Freelance Isn’t Free

by Blank Rome LLP on

Action Item: The Establishing Protections for Freelance Workers Act (the “Freelance Isn’t Free Act”) became effective on May 15, 2017. The Freelance Isn’t Free Act imposes specific requirements on companies located in New...more

USCIS Releases Updated I-9 Employment Eligibility Verification Form

Last month, the U.S. Citizenship and Immigration Services published a new version of the I-9 Employment Eligibility Verification Form. The Form I-9 is used by employers to verify the identity and employment authorization of...more

DOL May Delay Implementation of Fiduciary Rule

by Liskow & Lewis on

The Department of Labor in a brief filed in a Minnesota lawsuit on August 9, 2017 revealed that DOL had submitted to the Office of Management and Budget a proposal to delay the implementation of remaining parts of the DOL...more

Convergys Corporation and LogistiCare Solutions, Incorporated v. NLRB – The Fifth Circuit Considers Class and Collective Action...

by BakerHostetler on

The U.S. Court of Appeals for the Fifth Circuit decided two cases considering the impact of the National Labor Relations Act (NLRA) on class or collective action waivers required by companies for their applicants and...more

Allegations of Misclassification Are Insufficient to Demonstrate Commonality and Typicality According to California Court of...

The California Court of Appeal for the Fourth District held that misclassification alone does not establish liability for overtime violations, and, thus, the fact that members of a putative class were classified as exempt was...more

ERISA (7th Circuit): Are ERISA Plan Forum Selection Clauses Enforceable?

You already know that ERISA gives plan beneficiaries a choice on where to bring suit seeking ERISA benefits. Section 1132(e)(2) allows plan beneficiaries to bring suit “in the district where the plan is administered, where...more

What Employers Should Do Now to Comply With the Oregon Equal Pay Act of 2017

by Lane Powell PC on

Equal Pay Act Overview - Oregon Governor Kate Brown recently signed the Oregon Equal Pay Act of 2017 into law. Although Oregon law already prohibited gender discrimination in the payment of wages (e.g. paying men more than...more

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