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The Roma Effect: IMSS Announces Test Program to Extend Benefits to Domestic Employees in Mexico

Ogletree Deakins • March 25, 2019
There are about 2.4 million domestic employees in Mexico, 95 percent of whom are women and do not have social security benefits. The Mexican Supreme Court of Justice recently held that it is not legal to exclude domestic employees from the country’s social security system, which is administered by the Mexican Social Security Institute (IMSS).

Fifth Circuit Holds Directional Drillers Are Independent Contractors

Ogletree Deakins • March 25, 2019
The U.S. Court of Appeals for the Fifth Circuit recently held that a group of directional driller consultants were independent contractors, not employees, in large part due to their highly specialized skills, degree of control over their own projects, and ability to control their profits and analyzed losses. In Parrish, et al. v. Premier Directional Drilling, L.P., No. 17-51089 (February 28, 2019), on appeal from the U.S. District Court for the Western District of Texas, the Fifth Circuit overturned the district court’s award of summary judgment to the plaintiffs, citing the five factors of analysis set forth in the Supreme Court of the United States’ decision in United States v. Silk, 331 U.S. 704 (1947).

The Americans with Disabilities Act Prohibits Hostile Work Environments, Second Circuit Rules

Ogletree Deakins • March 25, 2019
On March 6, 2019, the U.S. Court of Appeals for the Second Circuit decided Fox v. Costco Wholesale Corporation, eliminating any uncertainty concerning whether an employee can assert a hostile work environment claim under the Americans with Disabilities Act (ADA). The court’s ruling is clear: “hostile work environment claims are cognizable under the ADA.”

U.S. Senators Seek Formal Investigation Of Non-Compete Use And Impact

Jackson Lewis P.C. • March 25, 2019
Earlier this month, a group of six United States Senators made a joint request for the Government Accountability Office (GAO) to investigate the impact of non-compete agreements on workers and the U.S. economy as a whole. This action suggests that the federal non-compete reform effort is not going away.

U.S. Supreme Court to Decide If Immigration Law Preempts State Law Prosecution

Jackson Lewis P.C. • March 25, 2019
Does the Immigration Reform and Control Act (IRCA) preempt states from using information in Form I-9 to prosecute a person under state law? The U.S. Supreme Court has agreed to review a case involving prosecution for identity theft under Kansas law based on information in the Form I-9 Employment Eligibility Verification. Kansas v. Garcia (No. 17-834).

Third Circuit Rules in Favor of Employer Who Monitored Former Employees’ Social Media Accounts

Jackson Lewis P.C. • March 25, 2019
On February 25, 2019, the Third Circuit held that a New Jersey engineering firm that monitored its former employees’ social media accounts was not barred from winning an injunction to prevent four former employees from soliciting firm clients and destroying company information.

Payroll Company Not Liable Under Third Party Beneficiary Doctrine

Jackson Lewis P.C. • March 25, 2019
On February 7, 2019, the California Supreme Court determined that an employee cannot sue a payroll company for breach of contract under the third party beneficiary doctrine, and that it is inappropriate to impose a tort duty of care upon a payroll company with regards to the obligations owed to an employee under the applicable labor statutes and wage orders.

Legislative Update on Proposed Labor and Employment Bills Affecting Connecticut Employers

Littler Mendelson, P.C. • March 25, 2019
As we move deeper into the 2019 legislative season, the Connecticut General Assembly is considering several proposed bills in the state House and Senate that—if enacted—would affect employers in significant ways. With a substantial Democratic majority in both the House and the Senate—and a newly elected Democratic governor—there is a good chance that several employee-friendly bills will pass this year, including a new paid family and medical leave program. Below is an overview of the more meaningful bills that were recently reported out of the Labor and Public Employees Committee for review and action by the full Connecticut House and Senate.

New York City Releases FAQs, Additional Guidance on Lactation Room Law

Jackson Lewis P.C. • March 25, 2019
The New York City Commission on Human Rights (CCHR) has released a Frequently Asked Questions (FAQs) page and other additional guidance for the City’s lactation room law, which became effective March 18, 2019.
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