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New Executive Order Seeks to Expand Small Business Access to Retirement Plans

XpertHR • September 17, 2018
President Donald Trump has signed an Executive Order instructing the Department of Labor (DOL) and the Treasury Department to consider regulations to make it easier for small businesses to offer retirement savings plans. Some have claimed that complying with current requirements has made it difficult for small businesses to band together to offer association retirement plans (ARPs), sometimes referred to as multiple employer plans. The proposed changes would allow small businesses to pool their resources to provide employees a type of 401(k) plan.

NLRB's Proposed New Rule Would Limit Joint-Employer Status

Goldberg Segalla LLP • September 17, 2018
Notice of the National Labor Relations Board’s (NLRB) highly anticipated proposed new rule on establishing joint-employer status under the National Labor Relations Act (NLRA) was published in the Federal Register on September 14, 2018 (and is available here).

"Ban The Box" Turns 20: Decoding the Current Framework

Ogletree Deakins • September 17, 2018
Twenty years ago, on a warm summer day, Hawaii enacted a restriction on employer inquiries into an applicant’s work history until after a conditional offer of employment. Intended to give applicants with criminal histories a fair shot at employment, the law—the first state "ban the box" law—crystalized a movement that, in time, would yield similar restrictions in 12 states and 17 localities (for private employers). The result is a crisscrossing jumble of requirements with little uniformity, putting employers in a difficult position when dealing with applicants (and sometimes even existing employees) in different jurisdictions.

Fourth Quarter 2018 Workplace Privacy Update

Littler Mendelson, P.C. • September 17, 2018
2018 has so far been a year that will long live in the memory of workplace privacy lawyers. Over the past eight months, lawyers for multinational corporations have had to familiarize themselves with a range of new laws, including the European Union’s General Data Protection Regulation (GDPR); the GDPR-styled California Consumer Privacy Act; and new data breach notification laws in South Dakota and Alabama. As we enter the final few months of the year, additional privacy laws and developments sit on the horizon. This article focuses on three more developments that privacy lawyers and employment counsels should be aware of heading into the final months of 2018.

A More Modern Approach to OFCCP's Functional Affirmative Action Programs?

Littler Mendelson, P.C. • September 17, 2018
Generally, federal contractors must develop a written affirmative action program for every physical location with 50 or more employees. Recognizing that the workforce is not always tied to an establishment, the Office of Federal Contract Compliance Programs (OFCCP) adopted regulations almost 20 years ago that permit contractors to adopt a Functional Affirmative Action Program (FAAP) based on functional operations instead of the establishments where employees are physically located. Contractors with clear functions or lines of business find that FAAPs make it easier to organize and analyze data, identify issues, establish clear lines of responsibility for implementing their affirmative action programs, and monitor progress towards goals. OFCCP recently issued a directive—which is open to public comment—revising its policies and procedures for requesting and maintaining FAAP agreements.

Criminal Record Screening Policies Continue to Raise Important Multi-Jurisdictional Compliance Issues

Littler Mendelson, P.C. • September 17, 2018
Employers that use criminal record screening policies must continue to be vigilant about compliance with all applicable laws. Following a multi-million dollar settlement by a leading retailer earlier this year,1 a recent multi-million dollar settlement in New York involving a large New York City sports and entertainment venue reinforces this point.2 In the recent case, the employer settled a class action lawsuit for a significant cash payout, including $165,000 in attorney’s fees, and other noteworthy programmatic relief. This recent settlement provides valuable lessons for employers.

USCIS Developments on the Discretion Afforded Adjudicators, and H-1B Premium Processing

Littler Mendelson, P.C. • September 17, 2018
In recent weeks, several notable policy changes have taken place concerning the adjudication of immigration petitions by the United States Citizenship and Immigration Services (USCIS).

eLABORate: NLRB Seeks to Settle the Controversy Surrounding Joint Employer Status

Phelps Dunbar LLP • September 17, 2018
On Friday, September 14, 2018, the National Labor Relations Board (NLRB) published a proposed regulation. The regulation aims to establish the standard for determining whether two employers are joint employers of a group of employees under the National Labor Relations Act. The NLRB’s proposed rule will affect many businesses that operate under a franchise model, including but not limited to the fast food industry.

Out With the New and in With the Old? Board Issues Proposed Rule Which Would Restore Prior Joint-Employer Standard

Franczek Radelet P.C • September 17, 2018
On Thursday, September 13, the National Labor Relations Board (the “Board”) signaled its intent to return to its pre-Obama Board test for establishing joint-employer status. The Board issued a Notice of Proposed Rulemaking in the Federal Register proposing to establish a standard whereby “an employer may be found to be a joint-employer of another employer’s employees only if it possesses and exercises substantial, direct and immediate control over the essential terms and conditions of employment and has done so in a manner that is not limited and routine.”

NLRB Proposes Regulation to Resolve Joint Employer Issue

FordHarrison LLP • September 17, 2018
Executive Summary: On September 14, 2018, the National Labor Relations Board (NLRB) published a proposed new regulation to establish the standard for determining when two businesses are joint employers of a group of employees. The proposed rule, if adopted, would make it more difficult for businesses to be found to be joint employers under the National Labor Relations Act (NLRA).

Michigan Passes Paid Sick Leave Law

Jackson Lewis P.C. • September 17, 2018
On September 5, 2018, Michigan became the 11th state to enact a mandatory paid sick leave law — the Earned Sick Time Act. The act was a citizen petition-initiated measure that the state legislature approved.
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Jackson Lewis P.C. | Maryland | Maryland Employers, Are You Ready? New Sexual Harassment Law Takes Effect October 1 (September 12, 2018)

Ogletree Deakins | Michigan | Paid Leave: Coming to a Michigan Workplace Near You (September 09, 2018)

Littler Mendelson, P.C. | Michigan | From Ballots to Bills: Michigan Adopts Paid Sick and Safe Time Law and Raises the Minimum Wage (September 11, 2018)

Littler Mendelson, P.C. | California | California Countdown 2018: Which Labor and Employment Bills Will the Governor Sign? (September 05, 2018)

Littler Mendelson, P.C. | New York | Significant Compliance Challenges in New York State's Proposed Anti-Sex Harassment Rules: What Can Employers Do Now? (September 07, 2018)

Fisher Phillips | New York | State Appeals Court Expands Scope Of NYC’s Marital Status Discrimination Law (September 12, 2018)

Jackson Lewis P.C. | New York | Reminder: New York City Employers Must Distribute Fact Sheet, Post Notice on Sexual Harassment Law by Sept. 6 (September 06, 2018)

Littler Mendelson, P.C. | Connecticut | Connecticut Continues to Extend Protections to Employees under State Medical Marijuana Law, Rejects Federal Preemption Defense (September 11, 2018)

Goldberg Segalla LLP | New York | New Legislation on Sexual Harassment Will Signifigcantly Affect the Handling of These Cases for Municipalities (September 06, 2018)

Jackson Lewis P.C. | Connecticut | Connecticut Court Holds That Refusing To Hire Medical Marijuana User Constitutes Employment Discrimination (September 06, 2018)