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U.S. District Court Invalidates Pending FLSA Rules

A federal district court in Texas last week invalidated the U.S. Department of Labor's (DOL) pending overtime regulations—finalized under the Obama Administration—aimed at increasing the salary threshold for overtime...more

Federal Appeals Court Rules Mortgage Underwriters Owed Overtime for Work in Excess of 40 Hours in Workweek

The Ninth Circuit Court of Appeals issued a decision last week holding that mortgage underwriters are not exempt from the overtime requirements of the Fair Labor Standards Act (FLSA). The July 6 decision, which furthers a...more

U.S. District Court Enters Injunction Preventing Enforcement of New FLSA Rules

A federal judge in Texas has granted a nationwide preliminary injunction sought by several business groups and states preventing the U.S. Department of Labor (DOL) from enforcing its new overtime rules, which had been set to...more

DOJ Continues ADA Web Accessibility Enforcement

The U.S. Department of Justice (DOJ) has filed a consent decree to resolve allegations by a blind student regarding the accessibility of a university's website and other technologies. The DOJ requires the university to pay...more

Pa. Superior Court Affirms Punitive Damage Award in Breach of Noncompetition Agreement

The Pennsylvania Superior Court has affirmed a lower court ruling that assesses punitive damages against several individuals and their new employer resulting from their en masse departure from a previous firm and, in the...more

Ninth Circuit Sides with NLRB in Divide over Employee Arbitration Waiver Agreements

The U.S. Court of Appeals for the Ninth Circuit announced this week that it agrees with the National Labor Relations Board that individual arbitration waiver agreements, which prevent employees from filing or participating in...more

Final ADA Amendments Act Regulations Expand Coverage

The U.S. Department of Justice (DOJ) has issued final regulations that expand who is covered under the Americans with Disabilities Act (ADA). The new regulations go into effect on October 11, 2016. In issuing the final...more

NLRB General Counsel Issues Memorandum Instructing Regional Offices To Report Complaints Issued against Federal Contractors

Earlier this month, the National Labor Relations Board (NLRB) General Counsel instructed the agency's regional offices to report any complaints they issue against federal contractors to labor compliance officers. These...more

OSHA Issues Final Rules for Online Posting of Injury and Illness Data, Discouraging Retaliation

The U.S. Occupational Safety and Health Administration (OSHA) has issued final regulations that permit the agency to post employer injury and illness data online, and also prohibit employers from discouraging workers'...more

Divided Supreme Court Allows Public Unions’ Agency Fee Collection to Continue

In a much anticipated case, an evenly divided U.S. Supreme Court has issued a per curiam order letting stand a Court of Appeals decision that allows unions to collect dues from public employees, even if those employees do not...more

Northwestern University Football Players Can’t Form Union, NLRB Says and Refuses to Determine if They Are “Employees”

Northwestern University football players cannot form a union, the National Labor Relations Board (NLRB or Board) decided today. The NLRB based its ruling on its duty to maintain stability in labor relations and notably...more

OFCCP Announces Intent To Publish Updated Rules Prohibiting Sex Discrimination

The Office of Federal Contract Compliance Programs (OFCCP) recently announced its intent to update rules prohibiting sex discrimination by federal contractors and subcontractors. The OFCCP published a Notice of Proposed...more

NLRB Rules Workers Have Right To Use Employer E-mail for Organizing Activity, Reversing Precedent

In a closely watched decision, the National Labor Relations Board (the Board) ruled today that workers must be permitted to use their employers’ e-mail systems for union organizing activity and all other communications about...more

12/12/2014  /  Email , NLRB , Purple Communications , Unions

Federal Court Notes Flaws in EEOC Stance on Severance Agreements

In a closely watched case, a federal district court questioned the stance of the U.S. Equal Employment Opportunity Commission (EEOC) that a severance agreement and general release of claims offered to employees can violate...more

Calif. Supreme Court Sides Against NLRB, Finds Class Action Waivers in Arbitration Agreements Enforceable

The Supreme Court of California recently found an employee’s waiver of the right to bring a class action against his former employer enforceable under state law. In the process, the court reversed its 2007 decision in Gentry...more

6/30/2014

Telecommuting May Be Reasonable ADA Accommodation for Some Workers, Sixth Circuit Holds

In a decision with possibly far-reaching consequences, the U.S. Court of Appeals for the Sixth Circuit recently held that an employer may be required to grant a telecommuting request as a reasonable accommodation under the...more

Federal Negotiators Allow Lawyers, Other Advisers To Participate in Campus Sexual Assault Hearings

Negotiators empaneled by the U.S. Department of Education (Department) recently reached consensus on several preliminary campus safety rules that should be published in the coming months under the Campus Sexual Violence...more

NLRB Reissues ‘Ambush Election’ Rules

The National Labor Relations Board (NLRB) has issued proposed rules and regulations which, if adopted, will dramatically change the process for representation case petitions and pre-election procedures. Referred to by critics...more

Employer Voice-Recording Ban Is Lawful, NLRB Administrative Law Judge Finds

A National Labor Relations Board (NLRB) Administrative Law Judge (ALJ) recently found that a policy of Whole Foods Markets, Inc., prohibiting employees from recording conversations in the workplace did not violate the...more

Feds Warn Medical, Dental, and Nursing Schools about Unlawful Discrimination against Students and Applicants with Hepatitis B

Three federal agencies recently publicized a joint agency letter that was sent to schools of medicine, dentistry, and nursing and other health-related schools about what the agencies perceive as potential discrimination...more

Reminder: Employers Must Use New I-9 Form Beginning May 7, 2013

On May 7, 2013, employers must begin using a new version of Form I-9 published by the U.S. Citizenship and Immigration Services (USCIS) to verify the identity and authorization of their employees to work in the United States....more

4/23/2013  /  Deadlines , Eligibility , I-9 , Safe Harbors , USCIS

New Employment Eligibility Verification (I-9) Form Published

The U.S. Citizenship and Immigration Services (USCIS) has published a new version of Form I-9, the form used by employers to verify the identity and authorization of their employees to work in the United States. Employers may...more

3/13/2013  /  Eligibility , Hiring & Firing , I-9 , USCIS

University Agrees To Modify Dining Services To Accommodate Food Allergies under the ADA

The Department of Justice (DOJ) has reached an agreement with Lesley University of Cambridge, Massachusetts, under which Lesley agreed to modify its food services and meal plan system to accommodate students with celiac...more

OFCCP Sending ‘Courtesy’ Notice of Compliance Evaluation

The Office of Federal Contract Compliance Programs (OFCCP), the Department of Labor (DOL) agency charged with enforcing affirmative action and equal employment opportunity requirements imposed on certain federal contractors...more

11/27/2012  /  Affirmative Action , DOL , OFCCP
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