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ten most recent federal employment law articles Ten Most Recent Federal Articles

OFCCP Announces Dates for Contractor Town Hall Meetings

Jackson Lewis P.C. • August 17, 2017
Following up on Interim Director Tom Dowd’s recent commitment for more agency transparency and communication, OFCCP has announced three upcoming town hall meetings. In its announcement, OFCCP stated the purpose of the town halls were to obtain contractor views and learn about contractor experiences implementing and managing nondiscrimination and equal employment opportunity requirements to allow OFCCP “”to enhance the scope and quality of [its]compliance assistance through contractor outreach and education materials.”

eLABORate: Fifth Circuit Holds Employees Do Not Have a Right to Class Actions Under the NLRA

Phelps Dunbar LLP • August 17, 2017
In two recent rulings, the United States Court of Appeals for the Fifth Circuit held that Section 7 of the National Labor Relations Act (“NLRA”) “does not confer a substantive right to participate in class or collective action litigation.” Class or collective actions allow large groups of employees to collectively pursue similar employment-related lawsuits in court. Such actions are popular with the plaintiffs’ bar, and dreaded by employers because of the increased defense costs and potential liability from such litigation.

UPS to Pay $2 Million to Settle Nationwide ADA Discrimination Lawsuit

XpertHR • August 17, 2017
United Parcel Service (UPS) has agreed to pay $2 million to resolve a nationwide disability discrimination lawsuit filed in 2009 by the US Equal Employment Opportunity Commission (EEOC). The suit alleged that the shipping company's inflexible leave policies resulted in the job loss of disabled employees who needed reasonable accommodations under the Americans with Disabilities Act (ADA).

FORFEITURE FREEDOM

Jackson Lewis P.C. • August 17, 2017
Some of our employer client sponsors of pre-approved 401(k) plans have contacted us regarding plan amendment notices received recently from their prototype or volume submitter plan document sponsors relating to the expanded use of forfeitures in their plans.

Cutting Through The Half-Time Murk In "Failed Exemption" Cases

Fisher Phillips • August 17, 2017
How does one calculate overtime pay due to plaintiffs who were erroneously treated as "white collar" employees exempt from the federal Fair Labor Standards Act's minimum-wage and overtime requirements? Court decisions continue to demonstrate much confusion and misunderstanding on this score.

Poorly Implemented FMLA Policies and Procedures are Killing Employers. Don't Be That Employer.

Franczek Radelet P.C • August 17, 2017
Poorly implemented FMLA policies and procedures are in the spotlight this week. And just a few vague words and a slip up are costing two employers hundreds of thousands of dollars.

Can I Get Some Clarification on That Certification? Maybe Not … Differences Between FMLA and CFRA

Jackson Lewis P.C. • August 17, 2017
Under the Family and Medical Leave Act (“FMLA”), an employer is permitted to contact an employee’s healthcare provider, with the employee’s permission, to clarify a medical certification submitted in support of the employee’s request for a leave of absence.

Federal Court Dismisses Employer’s Claims For Indemnification and Contribution Against Drug Testing Vendor After False Positive Drug Test Result

Jackson Lewis P.C. • August 17, 2017
A federal court in South Dakota granted a motion to strike and a motion to dismiss filed by the Equal Employment Opportunity Commission (“EEOC”) and the laboratory that conducted drug tests for the Defendant employer, holding that the employer was not entitled to seek indemnification or contribution from the laboratory for damages based on a false positive drug test result. EEOC v. M.G. Oil Company, No. 4:16-4131-KES, (D.S.D. August 10, 2017).

Artificial Intelligence Enabled Cybersecurity Systems

Jackson Lewis P.C. • August 17, 2017
The use of artificial intelligence (AI) enabled cybersecurity systems is increasing dramatically. By 2018, sixty-two percent of all companies are projected to use AI technologies.

Court Holds That Self-Selection Of Emails By Employee Satisfies Discovery Obligations

Jackson Lewis P.C. • August 17, 2017
In Mirmina v. Genpact, LLC, Civil Action No. 3:16-CV-00614 (D. Conn. July 27, 2017), a federal court in an employment discrimination matter denied the plaintiff’s motion to compel discovery, finding that the defendant’s reliance on an employee involved in the litigation to self-select relevant documents was appropriate under the circumstances