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Articles Discussing Case:

“Good Boy”: A Phrase For Your Dog, Not Your Employee

Brody and Associates, LLC • August 15, 2018
A former car salesman at Lee Partyka Chevrolet in Hamden, Connecticut, is suing the dealership claiming he lost his job after complaining about the general manager’s alleged use of the word “boy” to refer to his black employees. In his suit, plaintiff Dennis Bellamy alleges the dealership violated Title VII of the Civil Rights Act of 1964 by terminating him because he spoke up for what he perceived was a hostile work environment resulting from his general manager’s racially disparaging language.

Unions Are Not Immune From The #MeToo Scandal

Brody and Associates, LLC • August 14, 2018
Ever since the Harvey Weinstein allegations broke, almost every industry has been plagued by revelations of sexual harassment and abuse. This has left employers reeling. Even Unions are included in this scandal.

Does Your Business Comply with the ADA's Accessibility Requirements?

FordHarrison LLP • August 14, 2018
Title III of the Americans with Disabilities Act (ADA) requires businesses that provide goods and services to the public to remove architectural barriers and ensure their facilities are accessible to individuals with disabilities. Generally, businesses must provide goods and services to individuals with disabilities in an integrated setting the same as is provided to the general public.

NLRB Upholds Employee’s Use of Offensive Language in Protest of Employer’s Overtime Policy

Franczek Radelet P.C • August 14, 2018
In Constellium Rolled Products Ravenswood, LLC, the National Labor Relations Board recently ruled in a 2-1 decision that the employer unlawfully discharged an employee who had written “whore board” on an overtime sign-up sheet.

Someone Call A Doctor! This Settlement Agreement Is Bleeding Out

Fisher Phillips • August 14, 2018
A federal appeals court recently ruled that an overbroad “no-rehire” provision in a settlement agreement with a former employee can be an unlawful restraint of trade under California law. In Golden v. California Emergency Physicians Medical Group (July 24, 2018), the Ninth Circuit Court of Appeals voided a settlement agreement between a physician and his former employer because one provision imposed a restraint of trade in violation of California’s strict statute on non-compete covenants, Business & Professions Code Section 16600. The Court found that the broad no-rehire provision constituted a “restraint of substantial character” in two ways.

OFCCP Focused Reviews Coming in FY 2019

Littler Mendelson, P.C. • August 14, 2018
On August 10, 2018, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a new directive, 2018-04, announcing a plan to implement focused reviews of contractors’ compliance with Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA). This new directive comes a week after OFCCP’s Acting Director Craig Leen discussed such a plan at the Industry Liaison Group National Conference in Anaheim, California.

OFCCP Orders Staff to Respect Contractors' Religious Freedoms

Littler Mendelson, P.C. • August 14, 2018
On August 10, 2018, Craig Leen, Acting Director of the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), issued a new directive, 2018-03, instructing staff to take into account in their affirmative action and equal employment opportunity enforcement activities recent Supreme Court opinions and Trump administration executive orders addressing the freedoms and anti-discrimination protections that must be afforded religion-exercising organizations and individuals under the United States Constitution and federal law.

OFCCP Issues Two New Directives; Focuses on Compliance Evaluations and Faith-Based Organizations

Ogletree Deakins • August 14, 2018
Hitting the ground running, Acting OFCCP Director Craig Leen released two new directives on August 10, 2018.

DOL Issues Updated ACA Marketplace Notice

Ogletree Deakins • August 14, 2018
The U.S. Department of Labor (DOL) recently issued new versions of the Affordable Care Act (ACA) Notices of Exchanges. The ACA requires employers to provide employees with a written notice that contains information about the insurance purchasing exchanges (i.e., the “Health Insurance Marketplace” or “the Marketplace”) and describes the availability of a premium tax credit and the effects of obtaining coverage through the Marketplace. In the notice, employers must also explain that employees may lose their employers’ nontaxable contribution to health benefits if they elect to obtain coverage through the Marketplace.

Fifth Circuit Rules Employers Are Not Always Protected From Liability Resulting From Harassment by Nonemployees With Diminished Capacity

Ogletree Deakins • August 14, 2018
Courts have ruled that employees who work with clients with diminished capacity present different challenges when establishing whether the nonemployee’s alleged harassment affected the terms and conditions of the employee’s employment.

NLRB GC Institutes Changes to Certain Decision-Making Processes

Jackson Lewis P.C. • August 14, 2018
The National Labor Relations Board’s General Counsel’s office has issued an internal Memorandum (“Changes to Case Processing Part 1”) to all regional directors, officers-in-charge, and resident officers announcing immediate enactment of case processing changes.

Jackson Lewis Class Action Trends Report Summer 2018

Jackson Lewis P.C. • August 14, 2018
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.

Vacation Mode: How to Engage Employees with Summer Perks

XpertHR • August 14, 2018
With the current jobseeker-friendly market, an employer needs to make sure it is in the best position to attract and retain the workforce it wants and needs. Summer perks are a good way for employers to show how much they value their employees, and many of them can be inexpensive.

Maternity Leave Is Unlawful, But All Is Not Lost

Brody and Associates, LLC • August 13, 2018
Is maternity leave really discriminatory? Is it unfair? Yes, says the Equal Employment Opportunity Commission, the federal watch dog for anti-discrimination employment laws. While this may sound like theater of the absurd, there is an explanation.

Independent Contractor Misclassifications is Focus of New Jersey-U.S. Labor Department Partnership

Jackson Lewis P.C. • August 13, 2018
Demonstrating a heightened focus on worker misclassification, the New Jersey Department of Labor has entered into a memorandum of cooperation with the U.S. Department of Labor with respect to enforcement actions related to independent contractor misclassifications.

Class Action Trends Report Summer 2018

Jackson Lewis P.C. • August 13, 2018
Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims.

Workers in High-Risk Industries at Greater Risk for Opioid Deaths, Study Says

Fisher Phillips • August 13, 2018
Your employees could be at a heightened risk for developing an addiction to opioids after a workplace injury. Now is the time to take measures to minimize the risk of this happening to them.

Victory for NYU After First Trial in the 401(k) Fee Cases Filed Against Colleges and Universities

Littler Mendelson, P.C. • August 12, 2018
In the past two years, more than 16 prominent colleges and universities across the country have been targeted by class action lawsuits filed under the Employee Retirement Income Security Act (ERISA) challenging the fees and investment lineups in the schools’ retirement plans. On July 31, 2018, a New York federal court issued an opinion and order in favor of NYU in the first of those cases to proceed to trial, Sacerdote v. New York University.1 As the first case to consider the merits of the claims asserted in these ERISA class actions, Sacerdote is not only a significant victory for NYU but also for the other colleges and universities defending similar suits.2

Spotlight on Positive Employee Relations Training: How Employers Can Reap the Benefits of Employee Engagement

Littler Mendelson, P.C. • August 12, 2018
In this podcast, Littler attorneys Michael Kessel, Russ McEwan and Alan Model, out of our Newark office, discuss the importance of cultivating “employee engagement” to foster a productive, invested workforce.

Beltway Buzz, August 10, 2018

Ogletree Deakins • August 12, 2018
ALJs A-OK at NLRB. In a June 2018 case called Lucia v. Securities and Exchange Commission, the Supreme Court of the United States ruled that Securities and Exchange Commission (SEC) administrative law judges (ALJs) were not properly appointed under the Constitution’s Appointments Clause because they are inferior officers who must be appointed by the president, a court of law, or a head of department.

Bill Proposes to End Federal Government’s 80-Year-Old War on Marijuana

Ogletree Deakins • August 12, 2018
What is currently considered to be a Schedule I substance with “a high potential for abuse and the potential to create severe psychological and/or physical dependence” and “no currently accepted medical use” may soon be decriminalized. U.S. Senator Chuck Schumer (D-NY) recently introduced the Marijuana Freedom and Opportunity Act, legislation attempting to decriminalize marijuana at the federal level. The bill, if passed, would remove marijuana from the list of scheduled substances in the Controlled Substances Act of 1970, giving states the ability to implement their own marijuana laws.

Judge Orders Reinstatement of DACA Pending 20-Day Hold

Ogletree Deakins • August 12, 2018
On August 3, 2018, Judge John D. Bates of the U.S. District Court for the District of Columbia ruled in favor of fully reinstating the Deferred Action for Childhood Arrivals (DACA) program but stayed the effective date of the court order for 20 days to allow the Department of Homeland Security (DHS) time to appeal.

Your Presence Is Required: Employee Unable to Travel to Job Site Was Not “Qualified” Within the Meaning of the ADA

Jackson Lewis P.C. • August 12, 2018
In recent years, particularly with technology making it easier for employees to work remotely, courts have struggled to determine whether onsite attendance is an essential job function under the Americans with Disabilities Act (“ADA”).

Segal Blend Litigation, Part Two: New Jersey District Court Holds That Use of Segal Blend Did Not Violate MPPAA

Jackson Lewis P.C. • August 12, 2018
As our earlier article reported, Judge Robert W. Sweet of the U.S. District Court for the Southern District of New York had recently held that a multiemployer pension fund’s use of the “Segal Blend” to calculate a withdrawn employer’s withdrawal liability violated the provisions of the Employee Retirement Income Security Act (“ERISA”), as amended by the Multiemployer Pension Plan Amendments Act (“MPPAA.”)

OFCCP Focused Reviews to Begin in Fiscal Year 2019

Jackson Lewis P.C. • August 12, 2018
In the Directive released late last week, OFCCP announced its plan to start scheduling focused reviews starting in Fiscal Year 2019. OFCCP’s fiscal year begins October 1.

"Drive-by" Lawsuits under the Americans with Disabilities Act Continue to Rise

FordHarrison LLP • August 08, 2018
“Drive-by” lawsuits under the Americans with Disabilities Act (ADA) are more prevalent than ever and continue to rise. Title III of the ADA requires businesses to provide goods and services to persons with disabilities on an equal basis as the rest of the general public. The regulations require that businesses remove architectural and communication barriers and provide equal access to persons with disabilities.

The DTSA’s Ex Parte Seizure Remedy – Two Years Later

Fisher Phillips • August 08, 2018
Enacted in May 2016, the federal Defend Trade Secrets Act (DTSA) created a new remedy that was not available under any state's Uniform Trade Secrets Act (UTSA) – the ex parte civil seizure. This remedy permitted plaintiffs to obtain a seizure order ex parte from a federal court. Upon entry of the order, U.S. marshals would be dispatched, without notice to the defendant, to seize the evidence.

Dear Littler: What Does Our Company Need To Do Before We Begin Using Biometric Timeclocks?

Littler Mendelson, P.C. • August 08, 2018
Dear Littler: We are going to replace the punch-card timeclocks in our U.S. facilities with timeclocks that allow employees to “clock in” each day using their fingerprint. I’ve read about a flood of recently filed class action litigation against companies that collected biometric information and understand that many of these cases have been filed against employers that use biometric timeclocks. Can we go ahead and roll out the timeclocks? Or is there something more that we need to do?

OFCCP Acting Director Promises Clear Guidance and Consistency While Laying out a Program of Carrots and Sticks

Littler Mendelson, P.C. • August 08, 2018
In his first two speeches after taking over as Acting Director of the Office of Federal Contract Compliance Programs (OFCCP), Craig Leen emphasized a commitment to the rule of law, promised to provide contractors with clear guidance and transparent enforcement processes, offered incentives for voluntary compliance, and outlined plans to identify and audit government contractors that are ignoring their obligations. His speeches came at the beginning and end of a four-day Industry Liaison Group National Conference held last week in Anaheim, California that was attended by HR compliance professionals and officials from the Department of Labor (DOL), OFCCP, and Equal Employment Opportunity Commission (EEOC). Although the conference included presentations from industry experts, the highlight for many was the opportunity to hear directly from the OFCCP, including its new acting director.

New Agency Insights On Independent Contractors

Fisher Phillips • August 08, 2018
Staffing agencies fill the demand for temporary workers. Rideshare companies use apps to match people needing a ride with people willing to give them a ride. Health care registries dispatch caregivers to clients’ homes. The burning question is: When does the matchmaker cross the line and become an employer of its “independent contractors”? Two recent documents issued by a federal agency and a state agency provide some insight into this question, at least from the administrative agency standpoint.

Physician Pay Equity Issues Are Under the Microscope

Jackson Lewis P.C. • August 08, 2018
As our Healthcare Workplace Update reported on June 21, and as is the case across many industries, issues related to physician pay equity are receiving increased attention nationwide.

Taco Bell’s Prohibition on Employees “Heading for the Border” With Discounted Meals Does Not Violate California Meal Break Law, Ninth Circuit Rules

Jackson Lewis P.C. • August 08, 2018
Affirming a district court order dismissing a putative class action, the Ninth Circuit Court of Appeals has held that Taco Bell’s policy of requiring employees to eat employer-discounted meals in the restaurant does not convert the meal period into “on duty” time such that the meal period becomes compensable under California law. Rodriguez v. Taco Bell Corporation, 2018 U.S. App. LEXIS 19825 (9th Cir. July 18, 2018).

Annual VETS Reporting Portal Open

Jackson Lewis P.C. • August 08, 2018
Even though it feels as thought we are still in the midst of summer, the time is here for annual VETS-4212 reporting. The portal is now open for the 2018 filing season which started on August 1, 2018 and ends on September 30, 2018.

Pro-Employer Supreme Court Term Featured Arbitration, Union Fees and Whistleblowers

XpertHR • August 08, 2018
This past term, the Supreme Court issued key rulings for employers involving arbitration and whistleblower law, leaving little doubt where it stood on employment issues, while also dealing a significant setback to unions nationwide with its blockbuster ruling in Janus v. American Federation of State, County and Municipal Employees.

NLRB Rule Review and Revised Policy May Stifle Unions' Organizing Activity

XpertHR • August 08, 2018
The National Labor Relations Board (NLRB) signaled possible actions last week that may make it more difficult for unions to organize and communicate with workers and to fight decertification efforts.

OSHA Proposes Rescinding Part of Electronic Records Rule

FordHarrison LLP • August 06, 2018
Executive Summary: On July 27, 2018, the Occupational Safety and Health Administration (OSHA) issued a news release stating that it has issued a Notice of Proposed Rulemaking to “better protect personally identifiable information or data that could be re-identified with a particular individual by removing provisions of the ‘Improve Tracking of Workplace Injuries and Illnesses’ rule. OSHA believes this proposal maintains safety and health protections for workers, protects privacy and reduces the burdens of complying with the current rule.”

Labor Department Independent Contractors Guidance Targets Home Care, Nursing, Caregiver Registries

Jackson Lewis P.C. • August 06, 2018
In its first substantive guidance on independent contractors, the Trump Administration has targeted misclassification in the healthcare industry.

No Tax Deduction for Sexual Harassment Settlements Subject to Confidentiality Provision

Jackson Lewis P.C. • August 06, 2018
Congress recently passed the 2017 Tax Cuts & Jobs Act which includes Internal Revenue Code §162(q). Specifically

Scandals Continue Casting Spotlight on Sexual Harassment

XpertHR • August 06, 2018
CBS Chief Les Moonves has become the latest high-profile executive accused of harassment in the #MeToo era and surely won’t be the last. Six women have accused him of sexual harassment or misconduct from the 1980s to the 2000s. But give Late Show host Stephen Colbert credit for taking time during an opening monologue to address the controversy surrounding Moonves, the man who hired him, head on.

OSHA Proposes to Roll Back Electronic Reporting Rule

XpertHR • August 06, 2018
The Occupational Safety and Health Administration (OSHA) has issued a Notice of Proposed Rulemaking (NPRM) to remove provisions of the "Improve Tracking of Workplace Injuries and Illnesses" rule. The agency said that the changes are meant to protect employees' personally identifiable information or data that could be re-identified with a particular individual. Observers expected these changes following OSHA's announcement in the 2017 regulatory agenda that it would review the Obama-era rule.