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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 Ask – Don’t Tell in Job Interview?

by Ruder Ware on

A number of states have passed legislation prohibiting an employer from asking a candidate for a new job about his or her salary history in other employment settings. While such a law has not passed in the State of Wisconsin,...more

Illinois Senate Fails to Override Governor’s Veto of Salary History Ban

Bucking the nationwide trend, Illinois was unable to pass a law prohibiting employers from asking job applicants about their salary history. On November 9, 2017, the Illinois Senate failed to override Governor Rauner’s veto...more

2017 End of Year Plan Sponsor “To Do” List (Part 3) Executive Compensation

by Snell & Wilmer on

As 2017 comes to an end, we are happy to present our traditional End of Year Plan Sponsor “To Do” Lists. This year, we are publishing our “To Do” Lists in four separate Employee Benefits Updates. Part 1 covered year-end...more

US Department of State Releases December 2017 Visa Bulletin

by Morgan Lewis on

EB-1 remains current; “Dates for Filing” chart remains stagnant. The US Department of State has released its December 2017 Visa Bulletin, setting out per-country priority date cutoffs that regulate immigrant visa...more

Strataforce Settles EEOC Disability Discrimination Lawsuit

Company Required Applicants to Complete an Unlawful Pre-Offer Health Questionnaire, Federal Agency Charged - INDIANAPOLIS -- Strataforce, a staffing firm with offices in California, Indiana, North Carolina, and South...more

Beware: IRS To Begin Issuing ACA Employer Shared Responsibility Payment Penalty Notices

The IRS has announced its next steps regarding the Employer Shared Responsibility Payments (the “ESRPs”), which are the ACA penalties assessable to “Applicable Large Employers” for failing to provide affordable health care...more

Currents - Energy Industry Insights - November 2017 #2

Wheeling Resident David Zatezalo Confirmed to Lead MSHA - "In a strict party-line vote, the U.S. Senate confirmed Wheeling resident David Zatezalo to lead the federal Mine Safety and Health Administration. The vote to...more

Feds Come Out Against Seattle’s Law to Unionize Rideshare Drivers

by Fisher Phillips on

The gig economy just got a strong ally in its fight to remain union-free: the federal government. The latest development in the ongoing saga involving an attempt to put into place the nation’s first unionization law that...more

Can a CCIP Provide Workers' Compensation Immunity for Claims by Injured Employees of Subcontractors?

by Murtha Cullina on

In Connecticut, the answer was yes. Work-related injuries are an unfortunate reality in the construction industry, as are the lawsuits that often follow....more

Massachusetts Creates Yet Another Category of Employee Leave for 2018

by Nutter McClennen & Fish LLP on

Massachusetts employers long have had reasonable accommodations obligations to disabled or handicapped employees. And most employers long have understood that a reasonable accommodation can be a leave of absence for the...more

The Fight for 15: Montgomery County, Maryland, Raises the Bar

Montgomery County, Maryland, has approved Bill 28-17, which increases the countywide minimum wage from $11.50 to $15.00. The nine-member Montgomery County Council voted unanimously in support of the bill on November 7, 2017,...more

This Week in FCPA-Episode 77, the Home for the Holidays Edition

by Thomas Fox on

Jay and I return for a wide-ranging discussion on some of the top compliance and ethics related stories of the week, including: 1. The DOJ/SEC FCPA Guidance turned 5 years old this week. For the compliance practitioner,...more

How Employers Can Become Experts at Data Breaches: Blowing the whistle

by Bryan Cave on

A large portion of the data breaches that occur each year involve human resource related information. Bryan Cave has put together a multi-part series to help human resource managers understand, prepare for, and react to, a...more

Too Good To Be True – Senate Tax Reform Bill No Longer Includes Gig Economy Shield

by Fisher Phillips on

Bad news out of Washington, D.C. late yesterday. Chris Opfer of Bloomberg BNA reports that the current version of the Senate tax reform bill, released yesterday, no longer includes the protection that had initially been...more

Maine’s Governor Vetoes Bill to Regulate Commercial Sales of Marijuana

On November 3, 2017, Maine Governor Paul LePage announced that he had vetoed a bill sent to his desk with tepid support that would have taxed and regulated the commercial sale of recreational marijuana. The veto prolongs a...more

The Art of Reduction: OPEB Costs, Commitments

by Best Best & Krieger LLP on

California’s gap between promised employee benefits and available cash is wide and ever expanding. Ballooning pension costs and rising deficits are often in the spotlight. But commitments that California’s governing bodies...more

Agency Heads Discuss Changes in Regulatory Direction During Federalist Society Panel

by Littler on

The current leaders of the Department of Labor, Equal Employment Opportunity Commission, and National Labor Relations Board addressed transitions and regulatory plans at their respective agencies at a November 16 forum. ...more

Employment Law - November 2017 #2

California Court Tosses Arbitration Agreement ‘Permeated’ by Unconscionability - Why it matters - Concluding that an arbitration agreement was both substantively and procedurally unconscionable, a California appellate...more

Illinois General Assembly Takes Steps to Address Sexual Harassment in Government

by Franczek Radelet P.C. on

In the past several months, it often seems like the news brings daily revelations of a new individual in a position of power committing sexual harassment, or even sexual assault, against employees. Springfield is no stranger...more

Senate Confirms David Zatezalo to Head MSHA

By a vote of 52-46, on November 15, 2017, the United States Senate confirmed David G. Zatezalo to be the new Assistant Secretary for Mine Safety and Health. Zatezalo takes the position last held by Joseph A. Main, former...more

Prevailing Wages: SB 96

by Best Best & Krieger LLP on

The following Q&A were from a recent Best Best & Krieger LLP free webinar “SB 96: Department of Industrial Relations’ New Prevailing Wage Penalties.” The webinar was presented as part of an ongoing series...more

The Rise of Smartphone-Fueled, Social-Media-Addicted Smartphone Zombies

by Shipman & Goodwin LLP on

Yesterday, I had the opportunity to speak to the IASA Northeastern Conference on a favorite topic of mine of late — Privacy and Data Breaches in the workplace. Of course, that sounds kinda of boring....more

PA Bill Would Ban Nondisclosure Agreements for Sexual Misconduct

In response to a surge of sexual misconduct allegations throughout the country, Democratic state senators in Pennsylvania on Wednesday announced legislation that would ban agreements that hide the identity of persons accused...more

Preparing for an Increase in I-9 Worksite Enforcement

After reviewing data related to time spent by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) unit on worksite enforcement, Acting Immigration and Customs Enforcement Director Thomas...more

Yoga and Massage Therapist Fired for Being “Too Cute” Sees Gender Discrimination Revived on Grounds of Unjustified Spousal...

A New York appeals court recently ruled in Edwards v. Nicolai (153 A.D.3d 440 (N.Y. App. Div. 1st Dep’t 2017)) that an employment termination motivated by the sexual jealousy of an employer’s spouse may support a claim for...more

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