Employment Flash - November 2013


In This Issue:

- OFCCP Releases VEVRAA and Rehabilitation Act Section 503 Final Rules

- US Supreme Court to Decide Whether Severance Payments Are Subject to FICA

- SDNY Rules That NYC Human Rights Law Does Not Protect Unpaid Interns

- New York City Passes the Pregnant Workers Fairness Act

- New York Department of Labor Issues Final Regulations Regarding Payroll Deductions

- Ninth Circuit Rulings on Arbitration Agreements

- California Implements an Employment Law “Hat-Trick"

- Fifth Circuit Reaffirms Application of Fluctuating Workweek Methodology to Calculating Overtime Damages

- Fourth Circuit Finds that Facebook “Like” Constitutes Protected Speech

- House Democrats Propose a Comprehensive Immigration Reform Bill

- LinkedIn and Social Media Contacts: The UK and US Approaches to Protecting an Employer’s Contacts

- UK Government’s Revisions to TUPE on the Horizon

- Excerpt from OFCCP Releases VEVRAA and Rehabilitation Act Section 503 Final Rules:

On August 27, 2013, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced final rules revising regulations that implement provisions of the Vietnam Era Veterans’ Readjustment Assistance Act, as amended (VEVRAA) and Section 503 of the Rehabilitation Act of 1973, as amended (Section 503) (collectively, the Final Rules). VEVRAA and Section 503 require federal government contractors and subcontractors to take affirmative action with respect to, and prohibit employment discrimination against, protected veterans and individuals with disabilities, respectively. As the OFCCP has stated, the VEVRAA and Section 503 rules had not been updated since the 1970s, and the Final Rules are intended to update and strengthen contractors’ obligations. In general, the Final Rules enable the OFCCP to gauge contractors’ progress toward achieving equal opportunities for veterans and disabled individuals by establishing “hiring benchmarks” and improving data collection, job listings and access to contractors’ employment records.

Please see full memorandum below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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