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Proposed Rule Could Increase Scrutiny of Employers During the Employment Eligibility Verification (I-9) Process

Ogletree Deakins • September 28, 2016
Under existing law, employers are required to verify the identities and employment eligibility of employees hired after November 6, 1986, by completing the Form I-9. In addition, employers cannot discriminate against workers during the Form I-9 process. In support of this directive, the antidiscrimination provision of the Immigration and Nationality Act (INA) prohibits certain unfair immigration-related employment practices which play out during the employment eligibility verification, or Form I-9, process.

ESI Lost After Duty To Preserve Had Been Triggered Results In Limited Sanction Under New Rule 37(e)

Jackson Lewis P.C. • September 28, 2016
A federal court in Utah recently applied the newly amended Rule 37(e) and, in doing so, issued relatively limited sanctions following a finding of spoliation.

Labor Department Announces Procedural Changes to H-2B Visa Program

Jackson Lewis P.C. • September 28, 2016
In an effort to further streamline the H-2B application process and make it less burdensome for employers, the Department of Labor has announced procedural changes to reduce the amount of documentation to demonstrate “temporary need.”

Labor Board Rules Off-Duty Employees May Picket On Employer Premises

Jackson Lewis P.C. • September 28, 2016
In a groundbreaking expansion of union rights, the National Labor Relations Board has ruled that off-duty employees have the right to picket on an employer’s premises, unless the employer can prove under the National Labor Relations Act that a ban on picketing was necessary to prevent a disruption of health care operations. Capital Medical Center, 364 NLRB No. 69 (Aug. 12, 2016).

Class Action Trends Report Fall 2016

Jackson Lewis P.C. • September 28, 2016
Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims.

Noise Complaints Don’t Fall on Deaf Ears: OSHA Sets Out to End Workplace Noise Exposure and Related Hearing Loss

Goldberg Segalla LLP • September 28, 2016
Recently, OSHA, the Mine Safety and Health Administration and the National Institute for Occupational Safety and Health teamed up to compel inventors to develop a solution to workplace noise exposure and corollary hearing loss. The trifecta endeavors to ameliorate the risk of hearing loss that 22 million workers face every year from workplace noise hazards.

Morristown, New Jersey, Paid Sick Leave Ordinance Effective 2017

Jackson Lewis P.C. • September 28, 2016
Morristown, New Jersey, Mayor Timothy P. Dougherty has signed an Executive Order (No. 16-01) delaying the effective date of Morristown’s Paid Sick Leave Ordinance, O-35-2016, from “upon passage and publication” to January 11, 2017.

A Couple of New California Employment Laws that Require Attention

Shaw Valenza LLP • September 28, 2016
Here are two recently signed laws that will go into effect 1/1/17.
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