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Jackson Lewis Class Action Trends Report Summer 2016 Now Available

Jackson Lewis P.C. • June 30, 2016
Below is a link to the latest issue of the Jackson Lewis Class Action Trends Report. This report is published on a quarterly basis by our firm’s class action practice group in conjunction with Wolters Kluwer. We hope you will find this issue to be informative and insightful. Using our considerable experience in defending hundreds of class actions over the last few years alone, we have generated another comprehensive, informative and timely piece with practice insights and tactical tips to consider concerning employment law class actions.

Handling Intermittent, Unpredictable Leave Requests after FMLA Ends: Additional Analysis of My Webinar with EEOC Commissioner Feldblum (Part II)

Franczek Radelet P.C • June 30, 2016
Thanks again to those who attended my June 23 webinar with EEOC Commissioner Chai Feldblum on the topic of “leave” as an ADA reasonable accommodation in light of the EEOC’s new technical resource issued on this topic in early May 2016. If you missed the program, you can access the webinar and materials here.

EEOC Increases Penalty for Violating Notice Posting Requirements by 150 Percent

FordHarrison LLP • June 30, 2016
Executive Summary: The EEOC is increasing the penalty for failure to post the required workplace notices under Title VII, the ADA, and GINA by 150 percent. This increase means the maximum penalty for notice violations will increase to $525 per violation effective July 5, 2016. The increase will only apply to penalties issued after the July 5th effective date.

Colorado Broadens Whistleblower Protection for State Employees Who Disclose Confidential Information

Jackson Lewis P.C. • June 30, 2016
Encouraging government whistleblowers, an amendment to Colorado law bars disciplinary actions against state employees who reveal confidential information while reporting instances of waste, mismanagement of public funds, abuses of authority, or illegal and unethical practices to a designated “whistleblower review agency.” Colorado Governor John Hickenlooper signed the amendment (SB 16-056) to Colorado Revised Statutes Section 24-50.5-101 et seq. on June 10, 2016.

Governor Signs Law Giving California Labor Department Greater Role in PAGA Suits

Ogletree Deakins • June 29, 2016
On June 27, 2016, California Governor Jerry Brown signed into law a set of amendments to California’s Labor Code Private Attorneys General Act (PAGA) that will expand labor officials’ involvement in PAGA claims. PAGA gives employees the right to sue their employers for Labor Code violations on behalf of the California Labor and Workforce Development Agency (LWDA) after first giving the LWDA an opportunity to investigate.

Texas Judge Halts DOL’s Persuader Rule

Carothers DiSante & Freudenberger LLP • June 29, 2016
Today, a federal judge in the Northern District of Texas issued a preliminary nationwide injunction blocking the Department of Labor's ("DOL") implementation and enforcement of its Persuader Rule, which was scheduled to begin applying to agreements for labor consulting and advice work on July 1, 2016. (See our prior posts here and here for more information.) The ruling came in a lawsuit filed by the National Federation of Independent Business ("NFIB"), challenging the legality of the Persuader Rule on several grounds. The judge today found that the NFIB had demonstrated a substantial likelihood of prevailing in the lawsuit and that irreparable harm would result if the Rule was not enjoined pending resolution of the lawsuit.
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