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DOL Issues Updated Contractors’ Guidance Regarding Sex Discrimination

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) has issued a long-awaited update to the rules that prohibit sex discrimination by federal contractors. The changes take effect on August...more

Quirky Question #279: Concerted Activity in 140 Characters or Less

Question: I am a manager in a medium-sized retailer that has locations and employees in 16 states. The company maintains a social media policy, which was recently updated. ...more

#Concerted Activity in 140 Characters or Less

Employees have increasingly voiced concerns on social media regarding their employment, often including specific statements about their employers. As previously discussed on this blog, an employee’s Facebook post related to...more

How does Utah’s New Noncompete Law Affect You?

Utah employers should update their form noncompete agreements to ensure they comply with the state’s new Post-Employment Restrictions Act. Employers of all sizes are subject to the Act, which was adopted by the Utah...more

Proposed Changes to Employment-based Immigration Regulations

At the end of last year, the Department of Homeland Security proposed amendments (published 12/31/2015) to its regulations pertaining to employment-based immigrant (permanent) and nonimmigrant (temporary) visa programs, and...more

EEOC Proposal Seeks to Expand Pay Discrimination Enforcement by Requiring More Data from Employers

Under new rules proposed by the U.S. Equal Employment Opportunity Commission (“EEOC”), companies with 100 employees or more would be required to report payroll data on all workers to the federal government along with the...more

EEOC Releases Draft Retaliation Guidance

On January 21, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a draft guidance entitled, “PROPOSED Enforcement Guidance on Retaliation and Related Issues.” The public has 30 days to provide feedback....more

Quirky Question #269: Like it or Not – Facebook Post Protected Under the NLRA

Question: I own a small manufacturing company that employs 25-35 employees, depending on our workload. Over the years, a number of my customers and my employees have “friended” me on Facebook. Last week, I saw that one of...more

Quirky Question #266: What’s up with Pregnancy Discrimination?

Question: Over the summer, we heard a lot about new guidance on pregnancy discrimination. What do we need to know to ensure we are complying with local, state, and federal laws on pregnancy discrimination?...more

Obama Administration Requires Federal Contractors to Offer Paid Sick Leave to Workers

Companies that do work for the federal government must give their employees up to seven days of paid sick leave per year under new rules announced Monday by President Obama. The move is the latest in a series by the Obama...more

NLRB Issues Long-Awaited Joint Employer Decision

A recent ruling of the National Labor Relations Board (“NLRB” or the “Board”) dramatically expands the circumstances in which the Board will hold companies responsible for the labor practices of their staffing agencies,...more

Pregnancy Discrimination: A Hot Topic in the Aftermath of Young v. UPS

Pregnancy discrimination continues to evolve following the Supreme Court’s 2015 decision in Young v. UPS. As anticipated, the U.S. Equal Employment Opportunity Commission (“EEOC”) released an updated guidance, Q&A resource,...more

Quirky Question #259, The FMLA and the ADA: Joined at the Hip

Question: I work in my company’s HR department and we just had an employee ask for additional time off, even though we’ve already given the employee a bunch of time off we are required to under the FMLA. I wanted to...more

Wellness Watch: Guidance Is (Almost) Here

In December 2014, we highlighted the challenges that employers have been facing in ensuring that their wellness programs are not in violation of the Americans with Disabilities Act (ADA), the Genetic Information...more

NLRB Published Report Concerning Employee Handbook Rules and Policies

On March 18, 2015, NLRB General Counsel Richard Griffin published a Report concerning recent case developments arising in the context of employee handbook rules and policies. The thirty-page Report concludes that many...more

NLRB Report Concludes that Many Common Handbook Policies Violate NLRA

When employers hear “NLRB,” they immediately think “union.” This connection is understandable because, at least historically, the main focus of the National Labor Relations Board (the “NLRB”) has been union-related issues....more

Supreme Court Issues Decision in Young v. UPS: A Duty To Accommodate Pregnant Employees?

The Supreme Court of the United States recently issued its decision in Young v. United Parcel Service, Inc.. Vacating and remanding the Fourth Circuit’s decision, the Court concluded that the Pregnancy Discrimination Act...more

Supreme Court Sides with DOL and Overturns Longstanding DC Circuit Ruling Under Administrative Procedure Act

Perez v. Mortgage Bankers Assn., No. 13 1041: On Monday, March 9, 2015, the Court ruled that a longstanding decision from the DC Circuit under the Administrative Procedure Act (“APA”) was incorrectly decided in contravention...more

Quirky Question #252, OFCCP Guidelines Become Regulations?

Question: Have there been any recent changes in the rules governing federal contractors? Answer: On January 30, 2015, the Office of Federal Contract Compliance Programs (OFCCP) published a Notice of...more

OFCCP Proposes Updates to “Outdated and Inaccurate” Sex Discrimination Rules

On January 30, 2015, the Office of Federal Contract Compliance Programs (OFCCP) published a Notice of Proposed Rulemaking (NPRM) that would rescind the existing Sex Discrimination Guidelines found at 41 C.F.R. part 60-20 and...more

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