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

Federal Court in Los Angeles Dismisses Website Accessibility Claims

Ogletree Deakins • March 24, 2017
On March 20, 2017, a federal district judge in Los Angeles granted Domino’s Pizza’s motion to dismiss a website accessibility lawsuit in a ruling that raises hopes for those battling the massive wave of web accessibility litigation and arguably makes it more difficult for businesses to decide between fight or flight. Robles v. Domino’s Pizza LLC, No. CV 16-6599 SJO (SPx), U.S. District Court for the Central District of California.

Cheerio! Influence on the U.S. Gig Economy from Across the Pond?

Fisher Phillips • March 24, 2017
Many point to the Brexit movement as a sign that Donald Trump’s White House victory should have not been a surprise. Will a potential movement afoot in the United Kingdom be a precursor of things to come in the gig economy for the United States?

President’s FY 2018 Budget Plan Requests $15 Million to Support Future Implementation of Mandatory Nationwide Use of E-Verify

Fisher Phillips • March 24, 2017
On March 17, 2017, the Office of Management and Budget (OMB) published the first installment of the Trump Administration’s FY 2018 Budget plan: “America First: A Budget Blueprint to Make America Great Again.” The Budget provides details on discretionary funding proposals, with the complete Budget request being released later this year to include specific mandatory and tax proposals. The government’s 2018 fiscal year commences on October 1, 2017.

Future of H-4 Work Permits Uncertain

Jackson Lewis P.C. • March 24, 2017
In 2015, the Obama Administration DHS issued the H-4 EAD Rule allowing certain spouses of H-1B holders to obtain EADs and work while waiting to become permanent residents. Soon thereafter, a group of high-tech workers, Save Jobs USA, filed suit in the U.S. District Court for the District of Columbia arguing that the DHS lacked authority to issue the rule. The case was dismissed on summary judgment.

Congress has Voted to Kill OSHA’s “Volks Rule – So What Does that Really Mean?

Fisher Phillips • March 24, 2017
f one listens to various Democrat and labor talking heads, you would think that Congress has rolled back 40 years of worker protections by passing a resolution killing the new OSHA rule, which permitted OSHA to cite employers for record-keeping violations up to five years old, rather than the six-month look back applicable to other violations.

Third Circuit Finds Title IX Provides a Remedy for Sex Discrimination in Fully Funded Educational Institutions

Ogletree Deakins • March 24, 2017
The Third Circuit Court of Appeals has again created a circuit split by disagreeing with decisions from the Fifth and Seventh Circuit Courts of Appeals, which have held that Title VII of the Civil Rights Act of 1964 provides the exclusive remedy for employees alleging discrimination on the basis of sex in federally funded educational institutions. In Doe v. Mercy Catholic Medical Center, No. 16-1247 (March 7, 2017), the Third Circuit held that Title IX provides an alternative remedy to address such claims of discrimination.

Trade Associations Ask OMB to Review EEO-1 Pay Data Report

Ogletree Deakins • March 24, 2017
Over the last couple of weeks, much of the media in Washington, D.C., has turned its attention to the new director of the Office of Management and Budget (OMB), former South Carolina congressman Mick Mulvaney. This is because Mulvaney is in charge of advancing the administration’s first federal budget proposal, as well as coordinating Republicans’ efforts to dismantle the Affordable Care Act (ACA). What goes unnoticed, however, is that Mulvaney and his office will play a crucial role in the employer community’s efforts to ease the regulatory burdens that have piled up over the last several years. Here’s just one way how.

Supreme Court Uses NLRB Case to Limit Presidential Power

XpertHR • March 24, 2017
The US Supreme Court has ruled that then President Obama exceeded his authority in allowing Lafe Solomon to serve as the National Labor Relations Board's (NLRB's) interim general counsel while he was awaiting Senate confirmation for the permanent general counsel position. The ruling is significant in that it could apply to any future temporary agency appointments that President Trump might consider.

Audit Letters Are In The Mail

Jackson Lewis P.C. • March 23, 2017
As an update to last month’s report that OFCCP has put 800 establishments on notice of upcoming audits, we have learned that as of Friday, March 17, 2017, OFCCP has started sending out letters actually initiating audits.

Be Careful About Signing USDOL Back-Wage Summaries

Fisher Phillips • March 23, 2017
When U.S. Department of Labor Wage and Hour Division investigators conclude that back-wages are due under the federal Fair Labor Standards Act or another law the Division enforces, typically they present to the employer a completed Form WH-56, called a "Summary of Unpaid Wages". This document reflects a variety of information, including the names of each individual the investigator believes should receive a payment and the gross amount of this payment.