Labor & Employment Updates

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.
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Hot Topics in Employer Health Benefits

As we start looking forward to 2017, and as many employers head into annual enrollment periods this fall, employers need to be aware of recent changes in the law that have a significant impact on health benefit plans. This...more

Your 401(k) Plan "Brokerage Window" May Require An S-8 Registration

New guidance from the Securities Exchange Commission requires issuers to take a fresh look at their 401(k) plans. On September 22, 2016, the SEC’s Division of Corporation Finance released a Compliance and Disclosure...more

Just Say No to Automatic Post-Accident Drug-Testing

Do you automatically drug-test after all work-related injuries or accidents? If so, you should change your policy immediately in light of the Occupational Safety and Health Administration’s new reporting Rule, which went into...more

Pay Raises Across the Nation? Not So Fast Say Several States and Business Groups: 21 States and 55 Business Groups Challenge New...

On Tuesday, September 20, 2016, twenty-one states filed a complaint in federal court in Texas challenging the new overtime rule finalized by the Department of Labor (“DOL”) in May of this year. The States seek to prevent...more

[Event] "Americas Labor & Employment Law Conference: Managing a workforce across the Americas and beyond" - Dec. 8th-9th, Miami,...

Attorneys from FordHarrison and Ius Laboris, the global Alliance of leading labor and employment law firms, will join in-house counsel to discuss the many challenges faced by multinational companies. The conference is aimed...more

New Seattle Ordinance Restricts Scheduling Practices

Many of us are familiar with the lyrics of Dolly Parton: “Workin’ 9 to 5, what a way to make a livin’…” A predictable work schedule, however, is not so universal in the retail and food services businesses. For many employers...more

DOL Announces 2017 Minimum Wages For Federal Contractors

The U.S. Department of Labor announced last week that covered federal contractors and subcontractors will be required to pay workers an hourly minimum wage of $10.20 an hour beginning January 1, 2017. The minimum cash wage...more

California Prohibits Employers from Requiring Out-of-State Litigation and Arbitration

On September 25, 2016, Governor Jerry Brown of California signed into law a new state statute that, in most instances, prohibits agreements requiring California-based employees to litigate or arbitrate their California-based...more

Litigating California Wage & Hour and Labor Code Class Actions

Introduction and Overview - Since the turn of the century, there has been a huge increase in the number of class action lawsuits alleging violations of California’s overtime laws or other Labor Code statutes and wage and...more

Not So Gentle Reminder - EEO-1 Reports are due on September 30

Sorry folks but unlike last year, when the Equal Employment Opportunity Commission (EEOC) extended the September 30 deadline for a month, those required to file in 2016 have no such luck. The deadline remains September 30. ...more

Keep Calm And Carry On: Part 2

The December 1 effective date for the increased dollar-amount thresholds for most of the federal Fair Labor Standards Act's so-called "white collar" exemptions is now only a little more than two months away. In addition...more

British Columbia increases minimum wage September 15, 2016

On May 4, 2016 the government of British Columbia announced its intention to raise minimum wage in the province.  Implemented over two years, this change will see minimum wage increase to an estimated $11.25 by September...more

How the DOL’s Impartial Conduct Standard Affects Exemptions Used by Financial Services Companies

In conjunction with its issuance in April 2016 of a new regulation redefining the concept of “investment advice” for purposes of fiduciary status under ERISA and Section 4975 of the Code, the Department of Labor amended a...more

Montgomery County, Maryland’s Paid Sick Leave Law to Take Effect October 1

Effective October 1, 2016, employers in Montgomery County, Maryland will be required to comply with the county’s new Earned Sick and Safe Leave Law, which allows eligible employees to accrue up to 56 hours of paid leave per...more

California: Cal/OSHA Transitions to Electronic Case Management

California employers will soon be able electronically manage California Occupational Safety and Health Appeals Board ("OSHAB") cases...more

Score on Wellness Lawsuits—Wellness Plans 3, EEOC 0?

On September 19, 2017, in the ongoing lawsuit the US Equal Employment Opportunity Commission (EEOC) brought against Orion Energy Systems Inc. (Orion) regarding its wellness program, a Wisconsin federal judge found that...more

Labor Board Rules Off-Duty Employees May Picket On Employer Premises

In a groundbreaking expansion of union rights, the National Labor Relations Board has ruled that off-duty employees have the right to picket on an employer’s premises, unless the employer can prove under the National Labor...more

EEOC’S Memphis District Office and Mexican Consulate Renew Collaborative Agreement

Offices Agree to Continue to Work Together to Fight Discrimination - MEMPHIS - The Memphis District Office of the U.S. Equal Employment Opportunity Commission (EEOC) renewed its memorandum of understanding (MOU) today...more

How Can Employees Help Victims of Louisiana’s August 2016 Storms. . .Through an Employer Leave Donation Program or Leave Sharing...

Leave Donation - In mid-September, the IRS announced income tax relief for individuals who donate through their employers to aid victims of the Louisiana storms that began on August 11, 2016. See IRS Notice 2016-55...more

EEOC Reported To Be Close To Issuing New EEO-1 Regulations

As reported today in Politico, the EEOC’s final regulations revising the EEO-1 report will be released this week. The new regulations will revise the annual EEO-1 report to require employers to provide certain wage and hour...more

Increase to the Alberta Minimum Wage

Alberta employers are reminded that the general minimum wage in Alberta will be increased on October 1, 2016 to $12.20 per hour, up from $11.20 per hour. Additionally, the current liquor server rate will be eliminated...more

October 2016 Visa Bulletin

The Department of State (DOS) has issued a Visa Bulletin update for the month of October 2016 and, for the first time since November 2015, the United States Citizenship and Immigration Services (USCIS) has announced...more

EEOC Continues its “Fight” Against Mandatory Flu Vaccines

Following up on a post from last week on the issue of mandatory flu vaccine policies, the EEOC seems to be on a march to challenge any employer – particularly hospitals – that denies an employee a requested exemption from a...more

Morristown, New Jersey, Paid Sick Leave Ordinance Effective 2017

Morristown, New Jersey, Mayor Timothy P. Dougherty has signed an Executive Order (No. 16-01) delaying the effective date of Morristown’s Paid Sick Leave Ordinance, O-35-2016, from “upon passage and publication” to January 11,...more

Proposed Rule Could Increase Scrutiny of Employers During the Employment Eligibility Verification (I-9) Process

Under existing law, employers are required to verify the identities and employment eligibility of employees hired after November 6, 1986, by completing the Form I-9. In addition, employers cannot discriminate against workers...more

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