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OFCCP Extends TRICARE Moratorium to 2021

Ogletree Deakins • May 20, 2018
According to a May 18, 2018, press release, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has extended its moratorium on enforcing the affirmative action obligations of TRICARE providers (a health care program of the U.S. Department of Defense that pays for the medical benefits of active duty and retired military personnel and their families). According to a new OFCCP directive, the moratorium, which has been in effect since 2014, will now expire on May 7, 2021. In a footnote, Directive 2018–02 also amends the moratorium to include Veterans Affairs Health Benefits Program providers in addition to TRICARE subcontractors.

Beltway Buzz, May 18, 2018

Ogletree Deakins • May 20, 2018
The Buzz returns renewed and reenergized from last week’s highly successful Workplace Strategies conference in Phoenix, Arizona, where approximately 800 employer representatives gathered with Ogletree Deakins lawyers to discuss current developments and the future outlook for all aspects of labor and employment law (if you missed this year’s event, be sure to join us at the Bellagio in Las Vegas in 2019). Overheard at Workplace Strategies: “Is that beer-packing burro an employee or an independent contractor?”

Arbitrating Class Actions – Does Arbitration Bind Employees Who Do Not Opt-in?

Jackson Lewis P.C. • May 18, 2018
The Second Circuit Court of Appeals heard arguments last week to determine whether an arbitrator’s award in a Title VII class action applies only to the 254 employees who are named plaintiffs or otherwise opted in to the class, or whether it extends to all 70,000 similarly situated employees. (Jock et al. v. Sterling Jewelers, Inc., Case No. 18-153 (2d Cir.)). The Second Circuit’s decision could have a huge impact on employers whose arbitration agreements are silent on arbitrability of class actions claims (as in this case), because it raises the stakes in a forum where arbitrators are not bound to follow the law and their decisions are not appealable except in extremely narrow circumstances.

Share The Patchwork of States Prohibiting Salary History Inquiries Grows to Include Vermont and Likely Connecticut

Ogletree Deakins • May 20, 2018
Vermont and likely Connecticut will soon join California, Delaware, Massachusetts, Oregon, and Puerto Rico (along with various cities and counties) in prohibiting salary history inquiries.

NYC Employers Must Take Immediate Steps to Comply with Expanded Sick Leave Law

Fisher Phillips • May 18, 2018
New York City recently expanded its paid sick leave law to provide protected time off to employees who are the victims of domestic violence, sexual assault, stalking, or human trafficking and to broaden the definition of a covered family member. The expansions to the city’s sick leave law, now dubbed the NYC Earned Safe and Sick Time Act (the “Act”) took effect May 5, 2018. Employers must take immediate steps to comply with the expanded law.

Sexual Harassment Claims Gain More Transparency Under Maryland Law, Uber Policy

XpertHR • May 18, 2018
The #MeToo movement revealed that a culture of sexual harassment thrives in secrecy and that bringing sexual harassment and misconduct claims to light is essential to ending these unlawful practices. To that end, Congress disallowed taking as a business deduction the cost of any settlement of a sexual harassment case that includes a nondisclosure agreement and many states, like New York, are enacting new laws targeting employers that hide sexual harassment settlements.
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