Labor & Employment Updates

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

PBGC Sticks Its Head Out Of The Water And Issues RFI Regarding Hybrid (Two-Pool) Multiemployer Pension Plans

Seyfarth Synopsis: The PBGC is seeking more information on hybrid or two-pool withdrawal liability calculation methods. This is a sign that the PBGC may be re-evaluating its role in approving hybrid proposals, although it...more

Ninth Circuit Again Says Auto Dealers' Service Advisors Are Not FLSA Exempt Employees

Last year in its Encino Motorcars decision, the U.S. Supreme Court rejected the Ninth Circuit Court of Appeals’ reliance on a Department of Labor (DOL) interpretation finding that automobile dealership service advisors do not...more

Q&A with Jake Krattiger: State companies could expand on texting ban in Oklahoma

Q: Can a business prevent its employees from using mobile devices like phones, tablets and computers when operating a company vehicle? A: Absolutely. The city of Tulsa recently implemented such a policy. Additionally,...more

Increasing Ransomware Attacks in Higher Education

Malicious “ransomware” attacks — where a hacker takes control of the victim’s information systems and encrypts data, preventing the owner from accessing it until the victim pays a sum of money — are on the rise against...more

Connecticut Legislative Session Preview: Is a New State Overtime Rule In Play?

The Connecticut General Assembly is back in session and with significant budget deficits looming, it’s not going to be an easy year for legislators. From a labor and employment law session, once again it will be...more

WHD Provides Long-Awaited Garnishment Guidance on the Meaning of “Earnings” Under the CCPA

A rare and interesting thing in the world of federal garnishment law has just occurred: the U.S. Department of Labor’s Wage and Hour Division (WHD) updated its published position concerning the meaning of “earnings” pursuant...more

Repealing-Replacing the Affordable Care Act: Considerations for Employers with Self-Funded Plans ???

Over the last several years we have seen employers, especially those with self-funded health plans, evolve in their approach to wellness programs. Programs have grown from gathering data – e.g., steps on a pedometer,...more

Class Warfare: Supreme Court Agrees to Hear Cases on Arbitration Class Action Waivers

The NLRB wants to stop class action waivers in employment arbitration agreements, arguing they violate the National Labor Relations Act. This issue has been raging for several years and divided federal courts. ...more

Employers Must Use the New Form I-9 Starting January 22, 2017

The U.S. Citizenship and Immigration Services (USCIS) rolled out a new Form I-9 in November 2016. Starting January 22, 2017, all employers must use the new Form I-9, which is dated November 14, 2016 (the edition date is on...more

The U.S. Issues a National Action Plan on Responsible Business Conduct

On December 16, 2016, the United States launched a National Action Plan (the “U.S. NAP”) on Responsible Business Conduct. The U.S. NAP seeks to operationalize the government’s role in encouraging responsible business conduct...more

The Equal Employment Opportunity Commission Seeks Public Input on Proposed Harassment Enforcement Guidance

On January 10, 2017, the Equal Employment Opportunity Commission (EEOC) announced that it had released for public input its proposed enforcement guidance on unlawful harassment under federal employment discrimination laws....more

Will Trump Administration Curb the Recent Targeting of Independent Contractors?

A critical but unresolved issue for the motor carrier industry is the continuing viability of the independent contractor truck driver model, which is under siege by state and federal regulatory agencies as well as private...more

New York Toughens Equal Pay Laws: State Contractors Must Disclose Salary Data, State Agencies Cannot Ask Applicants for Salary...

New York Governor Andrew Cuomo has signed two executive orders: one requiring state contractors to regularly disclose employee job title and salary data and the other prohibiting state agencies from making pre-job offer...more

Supreme Court Declines to Hear Appeal to a Michigan Tax on Health Insurance Plans

The Supreme Court of the United States has declined to hear the Self-Insurance Institute of America Inc.’s ERISA preemption challenge to a Michigan tax on health insurance plans....more

States Argue That Texas Court Properly Blocked Overtime Rule

In a legal brief filed on January 17, 2017, the 21 states that obtained a nationwide preliminary injunction that blocks the U.S. Department of Labor (DOL) from implementing its revisions to overtime rules under the Fair Labor...more

Pensions Round-Up - December 2016 (UK) #2

Welcome to the latest edition of DLA Piper’s monthly newsletter – Pensions Round-Up – in which we provide an overview of developments in pension legislation, case law and regulatory guidance. In this edition we look at...more

Supreme Court Agrees to Rule on Legality of Class Action Waivers

Seyfarth Synopsis: The U.S. Supreme Court has agreed to decide whether workplace arbitration agreements containing class and collective action waivers are enforceable under the FAA, notwithstanding the provisions of the NLRA....more

State Plaintiffs Urge Fifth Circuit to Affirm Nationwide Injunction Blocking DOL Overtime Rule

In the latest round in the litigation between 21 States, led by the State of Nevada, and the Department of Labor regarding the Final Rule, the State Plaintiffs filed their appeal brief today with the Fifth Circuit, urging the...more

A Look at the EEOC’s Latest Guidance on National Origin

The U.S. Equal Employment Opportunity Commission has issued new guidance addressing national origin discrimination under Title VII of the Civil Rights Act of 1964. The enforcement guidance is significantly more detailed than...more

ALERT: New Form I-9 Mandatory From January 22, 2017

Beginning this Sunday, January 22, 2017, employers will be required to use the most current version of U.S. Citizenship & Immigration Service Form I-9, the form employers are required to use to verify the employment...more

Recent Changes and Clarifications to the Illinois Employee Sick Leave Act

Seyfarth Synopsis: The Illinois Employee Sick Leave Act (“ESLA”), which went into effect on January 1, 2017, requires employers that provide employees with “personal sick leave benefits” must allow the use of such benefits...more

A Cautionary Tale: How Sudden Changes to Intermittent FMLA Can Cost You

A January 9 decision by the Seventh Circuit Court of Appeals serves as a vivid reminder that employers must tread with great caution when managing intermittent leave under the Family and Medical Leave Act. As the ruling in...more

California Supreme Court Holds That California Law Requires Unencumbered Rest Breaks

California law requires most employers to authorize paid rest breaks for non-exempt employees of at least 10 minutes for each four hours worked or a major fraction thereof, and to provide this rest break approximately mid-way...more

January 20, 2017; A Historical Day

This is another article in our series addressing the continued deterioration and downward spiral of multi-employer defined benefit pension funds and the resulting impact upon participants, unions and most importantly on...more

New York Employment Law Update

This Client Bulletin provides an update on New York State (NYS) and New York City (NYC) employment law. Paid Family Leave (NYS) - Beginning January 1, 2018, New York State will have the most comprehensive paid leave...more

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