While portions of California’s Immigrant Worker Protection Act have been enjoined, employers remain subject to notice obligations. California passed a statute limiting the extent to which employers could cooperate with...more
The annual H-1B cap season will be opening April 2, 2018. As usual, the application window period is 5 business days. 65,000 H-1B visas are allotted every year....more
Social media has created a minefield of concerns for both employees and employers. The news is full of stories of employees documenting their questionable off-duty conduct on social media, or posting comments containing...more
Social media has created a minefield of concerns for both employees and employers. The news is full of stories of employees documenting their questionable off-duty conduct on social media, or posting comments containing...more
11/13/2017
/ Employer Liability Issues ,
Employment Policies ,
Facebook ,
Hate Speech ,
Hiring & Firing ,
NLRB ,
Off-Duty Employees ,
Political Expression ,
Protected Concerted Activity ,
Retaliation ,
Social Networks ,
Termination ,
Twitter
The Trump Administration has suspended 2016 regulations that would have required larger employers and federal contractors to report payroll data to the federal government along with the demographic data that they now must...more
On July 3rd, the 8th Circuit held that disparaging statements made by Jimmy John’s employees in a labor dispute were not entitled to National Labor Relations Act (“NLRA” or “The Act”) protections – because the actions were...more
7/11/2017
/ Corporate Counsel ,
Disparagement ,
Employer Liability Issues ,
Employment Policies ,
Franchises ,
Hiring & Firing ,
Jimmy John's ,
NLRA ,
NLRB ,
Objective Falsity ,
Protected Concerted Activity ,
Section 7 ,
Sick Leave ,
Social Networks ,
Union Elections
Use of profanity by employees, whether in the workplace, outside the workplace, or on social media, presents difficult legal issues for the employer, as highlighted by a recent Second Circuit Court of Appeals decision...more
On June 25, 2017, The U.S. Supreme Court today stayed injunctions issued by the federal Circuit Courts and announced that it will hear oral arguments regarding the legal challenges to President Trump’s executive order of...more
Under the MHRA, employees have one year to bring a discrimination claim (by filing a Charge of Discrimination with the Minnesota Department of Human Rights or by going directly to court). In a little-used provision, the...more
President Trump’s administration rescinded the Obama administration’s directive that allowed transgender public school students to use the bathroom matching their gender identity and also declared that discrimination against...more
As expected, on January 27, 2017, President Donald Trump issued an Executive Order entitled “Protecting the Nation from Terrorist Attacks by Foreign Nationals”.
In addition to temporarily suspending all refugees'...more
As of 1/22/2017, employers are required to use the new version of Form I-9 to verify identity and employment eligibility of employees. See the new form (11/14/2016 N version) at https://www.uscis.gov/i-9. Form I-9 found at...more
On November 18, 2016, the Equal Employment Opportunity Commission (“EEOC”) issued Enforcement Guidance on National Origin Discrimination, replacing the 2002 Compliance Manual section on the same topic. The new guidance...more
In an unexpected decision, on Tuesday, November 22nd, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction against implementation of the Department of Labor’s (“DOL’s”)...more
Everyone knows that price-fixing among sellers of competing products is illegal, but price-fixing by buyers can also violate the antitrust laws. That is true even in the market for buying services of employees, regardless of...more
10/27/2016
/ Adobe ,
Antitrust Violations ,
Department of Justice (DOJ) ,
eBay ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Human Resources Professionals ,
Lucasfilm ,
New Guidance ,
Non-Solicitation Agreements ,
Pixar ,
Wage-Fixing
The Equal Employment Opportunity Commission (“EEOC”) has finalized a reporting form that requires certain employers to report summary compensation data categorized by gender, race, and ethnicity. Beginning on March 31, 2018,...more
Federal contractors must provide their employees up to seven days of paid sick leave each year under a final rule published September 30, 2016, by the U.S. Department of Labor (“DOL”). The DOL estimates that the final rule...more
QUESTION: We conduct drug testing whenever an employee is injured at work or in involved in an accident. I recently read that this may violate OSHA’s anti-retaliation rule. How can that be? I would think OSHA would want...more
On August 29, 2016, the EEOC issued Final Enforcement Guidance on Retaliation and Related Issues that replaces its 1998 Compliance Manual section on retaliation. The guidance addresses the separate “interference” provision...more
Following up on President Obama’s proposal to acknowledge the global marketplace of ideas and leverage current immigration law to encourage entrepreneurship and economic growth, the U.S. Citizenship and Immigration Service...more
Employers who require employees to sign arbitration agreements as a condition of employment should take care: A split is developing among the federal appellate courts regarding the enforceability of so-called “concerted...more
Question:
We have been flooded with coverage of Zika, from the Rio Olympics to the recent travel restrictions in Miami As an employer, I want to be prepared and proactive to protect my employees, but I am also concerned...more
The U.S. Equal Employment Opportunity Commission (“EEOC”) has released a new proposal that, if adopted, would require larger employers and federal contractors to report payroll data for all workers to the federal government...more
Certain provisions of the Occupational Safety and Health Administration’s (“OSHA’s”) new reporting Rule, which go into effect on August 10, 2016, implicate employers’ post-injury and post-accident drug-testing policies. As...more
In a decision that will affect staffing companies and the employers that use them, the National Labor Relations Board (“NLRB”) has smoothed the path for unions that seek to organize and represent permanent and temporary...more