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Labor & Employment Updates

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

Q&A with Lauren Oldham: Mental health workplace claims rising

by GableGotwals on

Mental health workplace claims rise - Q: Why has there been a surge in mental health disability discrimination claims? A: One in four American adults will suffer from a mental health impairment, and the Equal Employment...more

NLRB Reverses Joint Employer Standard

by FordHarrison on

The National Labor Relations Board (“NLRB” or “Board”) has reversed the controversial joint employer standard created by the Obama Board in the Browning-Ferris Industries of California, Inc. ("BFI") decision, restoring the...more

Happy Holidays, from Human Resources

by McNair Law Firm, P.A. on

As Thanksgiving 2017 recedes into a memory, Hanukkah is here, Christmas just around the corner, and a strange slow week between a Monday Christmas and following Monday New Year’s Day. It is the season for office holiday...more

Are Your Social Media Recruitment Practices Discriminatory? Employers Facing Age Discrimination Class Actions

by Nilan Johnson Lewis PA on

Plaintiffs’ lawyers currently are threatening employers that recruit new employees via social platforms—Facebook, LinkedIn, etc.—with age discrimination class action lawsuits. The plaintiffs’ lawyers aggressively demand an...more

The DOL Serves Up a Major Overhaul of its Tip-Sharing Regulations

by BakerHostetler on

Citing a “significant amount of private litigation,” recent changes in state wage laws, and “independent and serious concerns” of public policy, the U.S. Department of Labor (DOL) is proposing to rescind an Obama-era rule...more

That’s a Wrap! Highlights in Labor & Employment from 2017

This year has brought about many changes to the world of labor and employment law. This newsletter highlights a few of the most important developments from 2017 that will carry forward in 2018 and beyond, why they matter, and...more

Tips For Conducting Year-End Performance Evaluations

by Jackson Lewis P.C. on

Holiday parties aren’t the only thing your employees are buzzing about this time of year – ‘tis the season for year-end performance evaluations! Performance evaluations, when used properly, are a powerful tool for...more

You Gotta Quit Kickin' HR Around

This bustin' on HR is gettin' me down, You got to quit kickin' HR around. Human Resources professionals seem to be everybody's favorite scapegoat. The profession is under attack yet again -- this time for apparently...more

Sticking it to Your Employees During Flu Season

by Gray Reed & McGraw on

Frustrated with the high number of employees that did not show up for work in the fall and winter last year, Jim Duncey, the owner of Duncey’s Caps, Inc., issues a memo to all employees that they must provide proof that they...more

Hello, Goodbye

Welcome back to an old friend, and goodbye to one we wish we'd had longer. President Trump has reappointed Democrat Chai Feldblum to another term on the Equal Employment Opportunity Commission. Commissioner Feldblum was...more

SCOTUS Won't Review Sexual Orientation Bias Case

The issue of whether Title VII prohibits sexual orientation bias will have to be resolved another day. This week the U.S. Supreme Court denied a petition for writ of certiorari filed by the plaintiff in Evans v. Georgia...more

The FLSA And Arbitration

by Fox Rothschild LLP on

I read an interesting post by Daniel Schwartz in the Connecticut Employment Law Blog. It concerned a recent Second Circuit decision that bodes well for employers in the never-ending fight against wage-hour class actions. The...more

Trump Board Overrules Workplace Rules Analysis

by Jackson Lewis P.C. on

In a stunning development, the National Labor Relations Board has decided that when determining the legality of a facially neutral rule under the National Labor Relations Act, it will consider (i) the nature and extent of the...more

Alert: New York Paid Family Leave Benefits Law Updates

by Cooley LLP on

Beginning on January 1, 2018, employers in New York must offer family leave benefits to eligible employees under the New York Paid Family Leave Benefits Law (PFL), including partial wage replacement and job protection for up...more

2018 Legislative Update for California Employers

by Conn Maciel Carey LLP on

California has had yet another banner year closing the 2017 legislative session with a spate of new employment laws imposing additional compliance obligations on employers. Bucking the anti-regulatory tide in Washington, DC,...more

The Ending Forced Arbitration of Sexual Harassment Act: A Legislative Response to #MeToo

With sexual misconduct allegations sending shockwaves everywhere from Hollywood to Washington, it should come as no surprise that some legislators are chomping at the bit to pass legislation addressing sexual harassment in...more

NLRB Overrules Browning-Ferris Joint Employer Standard, Reinstates Former Test

by Jackson Lewis P.C. on

The National Labor Relations Board has overruled, 3-2, Browning-Ferris Industries, 362 NLRB No. 186 (2015) and returned to the pre–Browning Ferris standard that governed joint-employer liability. Hy-Brand Industrial...more

The 12 days of California Labor & Employment Series – Day 5 “Immigration Worker Protection Act”

by Hinshaw & Culbertson LLP on

It’s the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2018. In the spirit of the season, we are using the next “12 days of...more

OSHA Announces Two-Week Extension for Electronic Submission of Form 300A

by Morgan Lewis on

Employers subject to recordkeeping regulations should immediately begin preparing electronic submissions to comply with the December 15 deadline....more

Examiners are Carefully Scrutinizing Financial Institutions’ Compensation Arrangements

by Ruder Ware on

It has come to our attention that some examiners have recently been carefully scrutinizing financial institutions’ employee compensation arrangements. Although it now appears unlikely that the proposed Dodd-Frank rules on...more

New NLRB General Counsel Signals Policy Shift

by Nexsen Pruet, PLLC on

Peter Robb, the newly appointed general counsel for the National Labor Relations Board (NLRB), issued a memorandum on December 1, 2017 that suggests he may revisit some of the NLRB’s policy decisions rendered under the Obama...more

Eligibility of Foreign Nationals to be a Borrower under the FCA

by Nexsen Pruet, PLLC on

Eligibility of Foreign Nationals to be a Borrower under the FCA - Since 1976, FCA regulations have allowed certain foreign nationals to be a borrower. These foreign nationals generally fall into two classes: Lawful...more

Department of Labor Moves One Step Closer to Allowing Employers More Flexibility in Their Tip Pooling Practices

by Nexsen Pruet, PLLC on

The U.S. Department of Labor (DOL) published a notice of proposed rulemaking (NPRM) in the December 5, 2017 edition of the Federal Register, with a proposal to rescind its 2011 regulations on tip pooling. The NPRM appears to...more

OFCCP Appoints New Director (Not Craig Leen)

Two weeks after reports emerged that a new director of the Office of Federal Contractor Compliance Programs (“OFCCP”) had been appointed, according to the OFCCP’s website, Ondray T. Harris has been appointed as the next...more

Memo to Massachusetts Employers for 2018 and 2019: How Not to Comply with the EMAC New Rules

In a November 20, 2017 post, we reported on Massachusetts’ passage of H. 3822, “An Act Further Regulating Employer Contributions to Health Care,” (the “Act”), the purpose of which is to shore up the finances of the...more

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