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

Dear Littler: Can We Still Maintain Hairstyle and Personal Grooming Policies?

Littler Mendelson, P.C. • December 09, 2019
I am an HR manager for a boutique beauty supply shop based in Atlanta, Georgia. We are planning to expand into new storefronts in both San Diego, California and Brooklyn, New York. We have a standard grooming policy because our company promotes personal care products and it is important to us that client-facing employees are clean and well-groomed. Our handbook restricts employees on the sales floor from wearing facial piercings, visible tattoos, long beards and dreadlocks. However, we’ve heard that new laws prohibit “hairstyle discrimination” and restrict dress codes. Can we still maintain our look?

Rethinking Training – Bystander Intervention and Diversity & Inclusion Sessions

Littler Mendelson, P.C. • December 09, 2019
Asha Santos, Shareholder in Littler’s Boston office, explains the purpose of bystander intervention training and the value of diversity and inclusion sessions in today's workplace.

Can Cross-Generational Viral Internet Phrases in the Workplace Create Unlawful Age Discrimination?

Jackson Lewis P.C. • December 08, 2019
“OK Boomer” is having a moment on the internet, appearing often in viral jokes and memes. It is widely considered an all-purpose retort by the younger generations of Millennials and Gen Z’ers to dismiss thoughts and ideas they view as too old-fashioned. Some even use “OK Boomer” to discount opinions stereotypically attributed to the Baby Boomer generation.

USCIS Announces Implementation of H-1B Electronic Registration Process for Upcoming Cap Season

Jackson Lewis P.C. • December 08, 2019
Earlier today, USCIS announced it is implementing the registration process in the next H-1B lottery. H-1B employers have been awaiting confirmation of and details regarding the new registration process for H-1B cap-subject petitions.

NLRB Allows Decertification Process to Proceed During Certification Year Extension Period

Jackson Lewis P.C. • December 08, 2019
The National Labor Relations Board (NLRB) has ruled an employee’s effort to decertify his union could proceed, despite a previous agreement between the employer and union extending the time during which decertification petitions are barred. Pinnacle Foods, 368 NLRB No. 97 (Oct. 21, 2019).

"Medical Necessity" Isn’t Well-Defined Unless It Is Well-Defined

Littler Mendelson, P.C. • December 06, 2019
A U.S. District Court in Connecticut recently issued an order that highlights the importance of understanding exactly what the term “medically necessary” means in an ERISA health plan.1 This is another in a growing line of cases finding a disconnect between the term “medically necessary” in a health plan and the guidelines that third-party administrators use to determine whether treatment is “medically necessary.”

Professional Tax Preparers – You Need A Written Information Security Plan, Says the IRS and FTC

Jackson Lewis P.C. • December 06, 2019
Tax season soon will soon be upon us and many not-so-eager taxpayers will share sensitive personal information about themselves, their dependents, their employees, and others with their trusted professional tax preparers for processing.

Workplace Safety In the Gig Economy: Is Anyone Actually Paying Attention?

Fisher Phillips • December 06, 2019
The gig economy has created a seismic shift to the traditional workplace model. With new (and oftentimes inexperienced) workers performing dangerous tasks in a “faster is better” manner, workplace safety has the potential to fall through the cracks. While the Occupational Safety and Health Act does not currently provide protection to most individuals working in the gig economy – the OSH Act covers employers/employees, not independent contractors – many employee advocacy groups are calling for more safety protections.

Drug and Alcohol Testing Policy Check-Up – Are You Ready for 2020?

Jackson Lewis P.C. • December 06, 2019
2020 is on the horizon, and employers must be ready to comply with many new developments in the world of workplace drug and alcohol testing. Here is a summary of significant laws that will take effect in 2020 (and some that have already taken effect):

Changes to Modernize H-2B Visa Process Cut Print Newspaper Requirement

Jackson Lewis P.C. • December 06, 2019
Just as the H-2B visas for the first half of the fiscal year 2020 ran out (with some limited exceptions), the Department of Homeland Security (DHS), in cooperation with the Department of Labor (DOL), has released a new final rule on H-2B visas that changes and modernizes the recruitment process.
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