Littler

EEOC Issues Enforcement Guidance on National Origin Discrimination

On November 21, 2016, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued enforcement guidance addressing national origin discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”). The EEOC last…more
| Civil Rights, Labor & Employment Law

Court Declines to Enjoin OSHA Drug Testing and Safety Incentives Under the Electronic Recordkeeping Reporting Rule

On a very limited legal basis, a federal district court has declined to enjoin the U.S. Occupational Safety and Health Administration from enforcing portions of its new recordkeeping rule related to potentially retaliatory…more
| Civil Procedure, Labor & Employment Law

The DOL Overtime Salary Regulation is Temporarily Enjoined - Now What?

On Tuesday, November 22, 2016, a federal court in Texas issued a preliminary injunction temporarily barring the Department of Labor from implementing the December 1, 2016 salary rate increase for the white collar overtime…more
| Civil Procedure, Civil Remedies, Elections & Politics, Labor & Employment Law

Costa Rica Adopts New Methodology for Adjustments to Wage Increase

On October 31, 2016, Costa Rica’s National Wages Council (“Consejo Nacional de Salarios”) approved a proposal to change the formula and timeframe of wage increases for employees in the private sector. With the new methodology,…more
| Labor & Employment Law

Federal Court Blocks New Overtime Rule

On November 22, 2016, at the request of 22 states and 55 business groups that brought suit as plaintiffs, the United States District Court for the Eastern District of Texas issued a preliminary injunction blocking the U.S…more
| Civil Procedure, Civil Remedies, Labor & Employment Law

New York City Agencies Are Prohibited From Making Pay History Inquiries – At Least For Now

Executive Order 21 – City Agencies Only New York Mayor Bill de Blasio is engaged in a flurry of pre-election actions.  Most recently, he signed Executive Order 21, which prohibits New York City agencies from asking prospective…more
| Elections & Politics, Labor & Employment Law

U.S. Supreme Court to Consider Tribal Sovereign Immunity Issue Related to Individual Tribal Employees

The U.S. Supreme Court recently granted certiorari in Lewis v. Clarke, (No. 15-1500) addressing the issue of whether the sovereign immunity of an Indian Tribe bars individual-damages actions against tribal employees for torts…more
| Civil Procedure, Indigenous Peoples, Labor & Employment Law

Addressing Post-Election Tensions in the Workplace

As the extreme rhetoric of the 2016 presidential campaign slowly wanes, the divisions it exposed remain raw. Many Americans celebrate the election of President-elect Trump, while many others continue to express concern about…more
| Civil Rights, Communications & Media Law, Elections & Politics, Labor & Employment Law

The Minimum Wage in 2017: A Coast-to-Coast Compliance Challenge

Minimum-wage-related actions in 2016 will create challenges for employers starting in 2017. Although 2016 was not necessarily a record year for passage of state minimum wage laws in general, it did break ground concerning the…more
| Commercial Law & Contracts, Elections & Politics, Labor & Employment Law

EEOC Performance and Accountability Report Shows Increase in Charge Filings for FY 2016

On November 16, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) published its annual Performance and Accountability Report (PAR), revealing an increase in charge activity for FY 2016. According to the PAR, the EEOC…more
| Civil Rights, Labor & Employment Law

Court Permanently Blocks DOL's Persuader Rule

To the relief of many employers that rely on third parties to provide labor advice and services, a Texas federal court has permanently blocked a rule that would have required them to make certain disclosures about their…more
| Civil Procedure, Civil Remedies, Elections & Politics, Labor & Employment Law

New Arizona Law Provides Minimum Wage Increases And Paid Sick Time

On November 8, 2016, Arizona voters enacted the Fair Wages and Healthy Families Act (“FWHFA” or “the Act”), which amends the Arizona Minimum Wage Act (“AMWA”) to provide for incremental increases to the minimum wage for Arizona…more
| Civil Rights, Commercial Law & Contracts, Labor & Employment Law

The Continuing Expansion of Sexual Harassment Training Requirements in California

A dozen years ago, the passage in California of Assembly Bill (AB) 1825 began required sexual harassment prevention training for supervisors in companies with 50 or more employees.  Since then, California has led the nation in…more
| Agriculture, Civil Rights, Labor & Employment Law

New Pennsylvania Law Clarifies the Use of Payroll Debit Cards

On November 4, 2016, Pennsylvania Governor Tom Wolf signed into law a bill that brings the Commonwealth’s law regarding payroll debit cards into the 21st century. The new legislation amends Pennsylvania’s Banking Code, and…more
| Elections & Politics, Labor & Employment Law, Finance & Banking

Marijuana Legalization Efforts Enjoy Success, Demonstrating Major Shift in Approach to Drug Regulation and Use

Election Day 2016 proved to be a historic occasion for initiatives favoring expanded access to marijuana. On November 8, California and Nevada joined West Coast early adopters Alaska, Oregon, and Washington in choosing to…more
| Commercial Law & Contracts, Elections & Politics, Labor & Employment Law, Health
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