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

PODCAST: Third Thursdays with Ruthie: Talking With Employees About Unions

Ogletree Deakins • January 17, 2019
While employers would universally agree that communication with their employees is essential, opinions vary on whether it makes sense to proactively talk to employees about unions and union representation. In the first Third Thursdays podcast, Ruthie Goodboe will share her thoughts on this important topic.

Working for the Weekend: Denial of Pay Premium Due to FMLA-Related Absences Does Not Violate the FMLA

Ogletree Deakins • January 17, 2019
On January 8, 2019, the U.S. District Court for the Eastern District of Arkansas issued an opinion and order granting summary judgment to an employer, finding the employer did not violate the Family and Medical Leave Act (FMLA) by discontinuing an employee’s shift differential due to absences necessitated by FMLA leave. Flowers v. McCartney, No. 4:17CV00604.

What Am I Doing Wrong?? Common FMLA Mistakes (January 17, 2019)

Jackson Lewis P.C. • January 17, 2019
“What did I do wrong?” and “Am I doing this correctly” are frequent questions from clients regarding FMLA administration. Up until now, the most common mistakes were addressed in this blog. Now that we have hit the twentieth post in this series, we are going to dig a bit deeper into the FMLA regulations to address discrete mis-steps that can result in legal liability.

Supreme Court: Interstate Transport Companies’ Independent Contractor-Drivers are Exempt from FAA

Jackson Lewis P.C. • January 17, 2019
In New Prime, Inc. v. Oliveira, the U.S. Supreme Court held that the Federal Arbitration Act’s (FAA) Section 1 exemption applies to transportation workers, regardless of whether they are classified as independent contractors or employees. No. 17-340 (Jan. 15, 2019).

End of the Road: SCOTUS Ruling Means Many Transportation Workers Are Now Exempt From Arbitration

Fisher Phillips • January 17, 2019
In a unanimous 8-0 decision, the Supreme Court ruled today that federal courts can’t force interstate transportation workers—including contractors—into arbitration, ruling that the Federal Arbitration Act’s Section 1 exemption for these workers is a threshold question for the court to resolve, not the arbitrator. Perhaps more importantly, the Court also applied the Section 1 “contract of employment” exemption from the FAA to include not only interstate transportation workers with employment agreements, but also to those interstate transportation workers with independent contractor agreements (New Prime Inc. v. Oliveira).

What Can Employers Expect in 2019?

FordHarrison LLP • January 17, 2019
Despite the current U.S. government shutdown, many aspects of the federal government continue to operate, including the federal court system. This Alert highlights some of the legal, legislative and administrative developments that may impact employers in 2019.

Federal Government Shutdown Effect on Employers

FordHarrison LLP • January 17, 2019
The U.S. Antideficiency Act calls for a partial government shutdown when Congress fails to appropriate annual funds to agencies. As Congress and President Trump cannot agree on appropriations spending, the U.S. government is in the midst of the longest shutdown in U.S. history, which began as of 12:01 on Saturday, December 29, 2018.

Top 10 Employer Resolutions for 2019

XpertHR • January 17, 2019
Now that 2019 is underway, many of your employees may be making resolutions to improve their lives in various ways, but resolutions are something that employers (and HR professionals in particular) should also be contemplating.

8 Secrets to Preparing a Successful Job Description

XpertHR • January 17, 2019
Developing and maintaining clear, concise and informative job descriptions is a significant part of the recruiting and hiring process.

Share 2018 EEO-1 Filing Process Likely to Be Delayed Due to Government Shutdown

Ogletree Deakins • January 17, 2019
The Equal Employment Opportunity Commission (EEOC) is one of the federal agencies affected by the ongoing partial federal government shutdown. In addition to investigating and processing charges of discrimination, the EEOC also administers the annual EEO-1 filing process through the EEO-1 Joint Reporting Committee. Based on calls to the EEO-1 Joint Reporting Committee helpline, it seems the EEOC had planned to open the 2018 EEO-1 filing website during the second or third week of January 2019, with a planned filing deadline of March 31, 2019. More recent information suggests that the EEOC plans to open the EEO-1 filing website at the end of January 2019, but that is dependent on when the partial shutdown ends.