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Labor & Employment Updates

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

Don’t be cheap when it comes to your retirement plan

by Ary Rosenbaum on

As I have stated so many times, I don’t want to hire employees because I was an employee once too. That pretty much means that I never met an employee whoever thought they were overpaid. For that matter, I never met an...more

LGBTQ Rights Making News and Making Law In Recent Weeks

by Kelley Drye & Warren LLP on

In the past two weeks, we saw two major decisions in the area of LGBTQ rights in the workplace. First, the Second Circuit in New York held that Title VII does prohibit discrimination based on sexual orientation. Zarda v....more

New Tool To Help You Determine TPS Work Authorization

by Jackson Lewis P.C. on

The Trump Administration has announced the upcoming termination of Temporary Protected Status (TPS) for El Salvador, Haiti, Nicaragua and Sudan and the temporary extension of TPS status for Honduras, Nepal, Somalia, South...more

Through Good Times and Bad: Husband Has Retaliation Claim Based on Assisting Spouse’s Pregnancy Discrimination Claim

by Sherman & Howard L.L.C. on

A federal district court in Kansas denied a car dealership’s motion for summary judgment regarding a former sales manager’s retaliation claims. Specifically, the sales manager contended that the company fired him because he...more

Colorado Supreme Court Clarifies the Statute of Limitations under the Colorado Wage Act, Closing the Door on Stale Claims

by Littler on

The Colorado Supreme Court recently clarified the applicable statute of limitations for wage claims in the State of Colorado. In Hernandez v. Ray Domenico Farms, Inc., No. No. 17SA77, 2018 WL 1146468 (Colo. Mar. 5, 2018)...more

Branch v. GEICO: The Convergence Of Class Certification And Article III Standing

by Seyfarth Shaw LLP on

On January 10, 2018, the U.S. District Court for the Eastern District of Virginia denied Plaintiff Tiffanie Branch’s renewed motion for class certification in Branch v. Government Employees Insurance Company, No....more

What Does Your Plan Say? Disability Claims Procedures Changing on April 1, 2018

Effective for any claims made on or after April 1, 2018, the decision to grant or deny benefits under an ERISA-covered plan will be governed by new rules. Since insured plans are subject to the claims procedures set forth...more

ICYMI: Federal Appeals Court Upholds New OSHA Silica Rule

A recent federal appeals court decision rejected a challenge to the Occupational Health and Safety Administration’s new rule for respirable crystalline silica (silica) exposure in the construction industry (the Silica Rule),...more

Limit of a General Contractor's Liability Under the Common Work Area Doctrine

by Clark Hill PLC on

The Court of Appeals, in the recent decision Cockfield v. Sachse Construction & Development Corporation, et al., has again analyzed the affirmative obligations a general contract has to ensure the safety of subcontractors’...more

The Breakdown On That "Transgender Funeral Home" Decision

The Sixth Circuit decision seems overall correct, although it contains some "woke dicta," too. Last week, a panel of the U.S. Court of Appeals for the Sixth Circuit issued its decision in the EEOC v. R.G. & G.R. Harris...more

Court of Appeal Confirms Privette Doctrine as Applied to Passive Conduct of Property Owner

In Delgadillo v. Television Center, Inc., 2018 No. B270985, the California Court of Appeal examined and refined the Privette doctrine. Mr. Delgadillo worked as a supervisor/window cleaner for a company named Chamberlin...more

Labor Board Nominee Ring Approved By Senate Committee

by Jackson Lewis P.C. on

The Senate Health, Education, Labor and Pensions (HELP) Committee has confirmed Republican John Ring to the National Labor Relations Board by a 12-11 vote. The next step is a vote by the full Senate. The Board is currently...more

The State AG Report Weekly Update

by Cozen O'Connor on

Consumer Protection- Arizona Attorney General Announces Settlement with Auto Manufacturer Over Alleged Ignition Switch Defects- Arizona AG Mark Brnovich reached a settlement with auto manufacturer General Motors LLC...more

Sixth Circuit Says Transgender Discrimination is Protected Under Title VII

by SmithAmundsen LLC on

Last week, the United States Court of Appeals for the Sixth Circuit held—for the first time—that discrimination based on transgender and transitioning status violates Title VII. Although the court has previously held that...more

OSHA News Releases from March 1 through March 15

by Kelley Drye & Warren LLP on

03/15/2018 – Region 3 OSHA News Release – U.S. Department of Labor Recognizes BAE Systems For Excellence in Workplace Safety at Norfolk Repair Facility - 03/14/2018 – Region 6 OSHA News Release – OSHA Partners with...more

How Will Ontario’s Pay Transparency Act Affect Your Organization?

The Ontario government recently introduced Bill 203, the Pay Transparency Act, 2018 (Act) in the legislative assembly, in part to close the wage gap between men and women by ensuring that compensation is based on a job’s...more

PAID in Full? Be Careful in Following the DOL’s Lead

The U.S. Department of Labor announced a new nationwide pilot program aimed at allowing employers to self-report and self-remedy potential minimum wage and overtime violations. According to the DOL’s Wage and Hour Division...more

Se Publican Nuevos Lineamientos para la Imposición de Sanciones Previstas en la Ley Federal del Trabajo

by Holland & Knight LLP on

El pasado 12 de marzo de 2018 se publicaron en el Diario Oficial de la Federación los "Lineamientos para la aplicación de la medida de apremio contemplada en el artículo 530 Bis de la Ley Federal del Trabajo." Dichos...more

Chadbourne Litigation Settles, Leaving Unanswered Questions About Equal Pay Claims

by Fisher Phillips on

The parties to a high-profile Equal Pay Act lawsuit have reached a multi-million dollar settlement that will be sure to capture the attention of employers across the country. Former partners of the law firm Chadbourne & Parke...more

New Rules for Sanctions to Employers Provided in the Mexican Federal Labor Law

by Holland & Knight LLP on

The Mexico Federal Official Gazette, on March 12, 2018, published the "General Rules for applying fines provided in article 530 Bis of the Mexican Federal Labor Law." The rules set forth the mechanism for fining an employer...more

Professional Endodontics to Pay $47,000 to Settle EEOC Age Discrimination Suit

Medical Practice Discharged Employee Because She Turned 65, Federal Agency Charged - DETROIT - A Southfield, Mich.-based oral surgery practice will pay $47,000 to settle an age discrimination lawsuit filed by the U.S....more

North Carolina Hospital Settles Religious Discrimination Claims Over Flu Vaccine Policy

by Womble Bond Dickinson on

Many healthcare providers in North Carolina have instituted policies requiring their employees who have patient contact to receive the flu vaccine each year. Such policies will typically include a process by which an employee...more

Update - Cal/OSHA Hotel Housekeeping Injury Standard Effective July 1, 2018

by Fisher Phillips on

As we reported in January, after nearly six years of discussion and debate, the Cal/OSHA Standards Board (Board) approved a standard on “Hotel Housekeeping Musculoskeletal Injury Prevention.” The final regulation was recently...more

New ERISA Claims Procedures for Plans Providing Disability Benefits Effective April 1, 2018

by Holland & Knight LLP on

• Administrators of employee benefit plans governed by ERISA should make sure now that the claims procedures contained in their affected benefit plans comply with new regulations applicable to disability benefits. • The...more

Unicorn Sighting: NLRB Overturns ALJ Credibility Determination

As we have seen, there are few things that can be counted on in labor relations. Oftentimes, several experts look at the same problem and come to vastly different conclusions. What is (almost) guaranteed, however, is that the...more

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