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

An Epic Checklist: What to Consider When Adopting Class Action Waivers in Employment Arbitration Agreements

Ogletree Deakins • July 17, 2018
In Epic Systems Corporation v. Lewis, the Supreme Court of the United States held that class action waiver in an employment arbitration agreement are enforceable. Yet, arbitration agreements containing such waivers may still be challenged on a variety of grounds. The law in this area is often unsettled or unclear and changes frequently. The following checklist identifies key issues employers may want to consider when adopting a class action waiver in an employment arbitration agreement. In adopting a class action waiver in an employment arbitration agreement, an employer may want to consider the following:

NLRB Expands Its Alternative Dispute Resolution Program

Jackson Lewis P.C. • July 17, 2018
The National Labor Relations Board has announced it will begin a pilot program to encourage parties to use its Alternative Dispute Resolution program.

Should Public Employers Consider Issuing a Janus Notice Where a Checkoff Clause is Contained in a CBA?

Ogletree Deakins • July 17, 2018
As of the Supreme Court’s recent decision in Janus v. American Federation of State, County, and Municipal Employees, Council 31, state laws requiring public sector collective bargaining agreements to contain agency shop clauses that compel the discharge of employees for refusing to provide financial support to unions are deemed to violate the First Amendment.

Rule 23 Amendments Awaiting Congressional Review

Jackson Lewis P.C. • July 16, 2018
The final amendments to the Federal Civil Rules of Procedure, including amendments to Rule 23 class actions, are waiting for approval from Congress. The primary changes to Rule 23 affect the class action notice and settlement processes. The amendments acknowledge advancements in technology and the popularity of social media, while formalizing procedural and substantive notice and approval requirements already being employed in some federal courts.

Federal Courts Signal That Denial of a Request for Indefinite Leave May Not Violate the ADA

Goldberg Segalla LLP • July 16, 2018
Under the American with Disabilities Act (ADA), certain employers are required to make a reasonable accommodation to a qualified employee who has a disability. There is a growing trend in the federal courts that requests for an indefinite amount of time off from work due to a disability do not qualify as a reasonable accommodation and that an employer who denies such a request has not violated the ADA.

Call Me, Maybe? Court Rules that Phone Call to OSHA Constitutes Filing of Whistleblower Complaint

Fisher Phillips • July 16, 2018
It might sound crazy, but the Occupational Safety and Health Administration (OSHA) may now be receiving whistleblower complaints over the phone. This follows a recent ruling from a federal court in Wisconsin, which made it easier for employees to file whistleblower complaints against their employers.

#MeToo at Home and Abroad

Littler Mendelson, P.C. • July 16, 2018
The news that Harvey Weinstein was indicted on July 2 on additional criminal charges, one of which (predatory sexual assault) carries a maximum sentence of life in prison, makes clear that the #MeToo movement and its influence on the workplace and our culture will not abate any time soon.

You’ve Discovered A Mistake in Your Plan Administration – Now What?

Jackson Lewis P.C. • July 15, 2018
Occasionally qualified plan administrators discover that their plans have incurred an operational error. The Internal Revenue Service (“IRS”) recognizes that it needs the help of plan administrators to police the administration of qualified plans and has correspondingly published guidance to help plan administrators take appropriate corrective action where necessary.

EEOC Releases Charge Statistics For Fiscal Year 2017

Brody and Associates, LLC • July 15, 2018
The EEOC has released its charge statistics for fiscal 2017! In total, approximately 85,000 charges were filed across the country. Of those, 6,696 alleged sexual harassment. This is interesting in light of the #MeToo movement that began with the Harvey Weinstein scandal in the last part of 2017. It will be interesting to see if there will be a rise in sex-based claims in fiscal year 2018 as a result of the unprecedented movement.

Could the World Cup Produce a GOAALLLL in Your Workplace?

XpertHR • July 15, 2018
Did World Cup fever infiltrate your office this summer?