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

Overruling Precedent, Board Finds Violation May Be Established Without Specific Unfair Labor Practice Complaint Allegation

Jackson Lewis P.C. • July 28, 2016
In a decision having far-reaching implications, a National Labor Relations Board panel consisting of Chairman Mark Gaston Pierce and Members Kent Hirozawa and Lauren McFerran, (Member Miscimarra dissented) has overruled almost 10 years of NLRB precedent, deciding that a violation of the National Labor Relations Act could be found based on an employer’s failure to inform the union that it did not possess information the union requested, despite the absence of a specific unfair labor practice complaint allegation to that effect.

NLRB Requires Specificity in Management-Rights Clauses

Littler Mendelson, P.C. • July 28, 2016
When drafting a collective bargaining agreement, employers often insist on a management-rights clause. That clause reserves to the employer the right to take unilateral action, with respect to certain terms and conditions of employment without an obligation to bargain with the union about that action. In negotiating such clauses, employers try to find the right balance between specifically delineating the rights being retained, while keeping the language sufficiently broad to cover other (perhaps unanticipated) circumstances in which the employer might need to act unilaterally.

Is Proposed Legislation Likely To Slow Implementation of The New Overtime Regulations? Probably Not.

Ogletree Deakins • July 28, 2016
On May 18, 2016, the U.S. Department of Labor (DOL) announced the publication of its final rule updating its existing overtime regulations. The updated regulations are scheduled to become effective on December 1 of this year and are predicted to extend overtime pay protections to over 4 million workers within the first year of implementation. The updates include a provision under which employees are eligible for overtime compensation if they work over 40 hours in a week and earn less than $47,476 per year—an over 100 percent increase from the current salary threshold of $23,660.

It’s Summer! Is Your Local Amusement Park or Recreational Establishment Exempt From The FLSA’s Minimum Wage and Overtime Requirements?

Jackson Lewis P.C. • July 28, 2016
Summer is here, which presents the perfect opportunity to discuss one the Fair Labor Standards Act’s lesser-known exemptions, the seasonal amusement or recreational establishment exemption.

HR Intel: Your Handling of Political Discourse at Work is an Important Indicator of Success

XpertHR • July 28, 2016
Your company’s stance on politically-charged discourse at work says a lot about company culture, but it’s also an important indicator of success in the 21st century.

HIPAA and 15M in 2016

Jackson Lewis P.C. • July 28, 2016
For years, many questioned whether the HIPAA privacy and security rules would be enforced. The agency responsible for enforcement, Health and Human Services’ Office for Civil Rights (OCR), promised it would enforce the rules, but just after a period “soft” enforcement and compliance assistance.

EEOC Issues Religious Discrimination Prevention Resource

XpertHR • July 28, 2016
The US Equal Employment Opportunity Commission (EEOC) has announced the release of a one-page fact sheet designed to communicate religious discrimination protections to younger workers. In addition, the EEOC will implement changes in the collection of demographic data from individuals who file charges with the agency, which may yield more precise information regarding religious discrimination.

EEOC Announces New Process for 2016 EEO-1 Data File Uploads

Ogletree Deakins • July 28, 2016
The 2016 EEO-1 filing period is fast approaching. Once the 2016 Survey opens, companies will have until September 30, 2016 to complete their annual filing requirements. On July 25, 2016, the EEO-1 Joint Reporting Committee (JRC) notified companies that all reporting for the EEO-1 reports will now be done electronically. In previous years, companies that did not manually upload data on the EEO-1 site had to email the data file to a member of the JRC and wait for confirmation that the data file had been uploaded. Now, companies can upload data files directly to the production database according to the specifications to the JRC’s database and be informed immediately of acceptance or errors regarding the data submission.

Federal Court In Georgia Rejects DOL Regulation, Rules FLSA Does Not Require That Employees Receiving Full Minimum Wage Retain All Tips

Jackson Lewis P.C. • July 28, 2016
On July 26, 2016, Judge William S. Duffey of the United States District Court for the Northern District of Georgia issued a decision holding that an employer does not have to ensure tipped employees retain all of their tips if the company is not using the employee’s tips to satisfy part of the minimum wage pursuant to the FLSA’s “tip credit” provision, 29 U.S.C. § 203(m). In Malivuk v. AmeriPark, LLC, the plaintiff sued defendant AmeriPark, LLC (a provider of valet parking services) under the FLSA claiming that Ameripark illegally withheld tips paid to her and other valets. Malivuk v. AmeriPark, LLC, 2016 U.S. Dist. LEXIS 97093 (N.D. Ga. July 26, 2016).

"White Collar" Exemption Changes: Keep Calm And Carry On

Fisher Phillips • July 26, 2016
Recent Congressional initiatives have targeted the impending increases in the U.S. Labor Department's dollar-amount thresholds for most of the federal Fair Labor Standards Act's so-called "white collar" exemptions.