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

Employers Should Prepare for Rare General Strike

XpertHR • February 16, 2017
Employers may face a rare general strike as soon as February 17. Activists and strike organizers are seeking to demonstrate against the policies of the current administration and congressional majority leaders. The call to action has been widely covered by the media, and has been the subject of numerous social media posts. Employers should plan to respond to any workplace disruptions and to address work rules violations in a timely manner.

Who Is Alexander Acosta, and Will He Be the New Labor Secretary?

Ogletree Deakins • February 16, 2017
Within less than 24 hours following the withdrawal of Andrew Puzder, President Trump’s first choice to fill the position of Secretary of Labor, the president announced at a press conference on Thursday, February 16 that his new choice for U.S. Secretary of Labor is Alexander Acosta of Miami, Florida.

Trump Names New Nominee for Secretary of Labor

Franczek Radelet P.C • February 16, 2017
Yesterday, President Trump’s then nominee for Secretary of Labor, Andy Puzder, withdrew his nomination ahead of his confirmation hearing given the increasing opposition to his nomination by both parties. Less than 24 hours later, President Trump announced Alexander Acosta as his new choice for Secretary of Labor. Mr. Acosta is currently the dean of Florida International University College of Law but has experience in both the public and private sector. Some of Mr. Acosta’s prior positions include being appointed by President George W. Bush to serve as a member of the National Labor Relations Board, his appointment to the role of Assistant Attorney General for the Civil Rights Division of the Department of Justice, and a high profile role as U.S. Attorney for the Southern District of Florida. If confirmed, Mr. Acosta will be the first Hispanic member of President Trump’s cabinet.

R. Alexander Acosta Picked to Head Department of Labor

Jackson Lewis P.C. • February 16, 2017
President Donald Trump has nominated R. Alexander Acosta to be Secretary of Labor. His nomination comes one day after Andrew Puzder, Trump’s first pick to lead the Department of Labor, withdrew his nomination.

Resource Update: What Can Employers Expect from the Trump Administration in the Upcoming Year?

FordHarrison LLP • February 16, 2017
Although it has been a little less than a month since President Trump took office, he has already taken a number of steps that will impact employers and has started the process of reversing some of the more controversial employment-related actions of the prior administration. While it is difficult to predict with confidence exactly what employers can expect from the new administration in the upcoming year, we can gain some insight from measures the President has already taken and from statements made during his campaign. FordHarrison has prepared a white paper discussing these issues, which is available on the In Depth analysis page of our website. Additionally, we will continue to keep you updated on developments from the Trump administration that may impact employers.

Train Your Team: Protect Personally Identifiable Information From a Widespread Phishing Scam

Ogletree Deakins • February 16, 2017
Every January 31, employers scramble to meet the deadline for mailing W-2 forms to their employees. This year, a new iteration of an old W-2 phishing scam surfaced immediately thereafter. In the 2017 version, scammers posing as a company’s CEO or other high-level executive target human resources (HR) and payroll professionals with email messages requesting certain W-2s or all of a company’s W-2s.

Tenth Circuit Upholds Discharge of Employee in Safety-Sensitive Position Who Tested Positive for Cocaine

Ogletree Deakins • February 16, 2017
On February 6, 2017, the Tenth Circuit Court of Appeals ruled that Wyandotte County, Kansas, did not violate the U.S. Constitution by discharging an employee in a safety-sensitive position after he tested positive for cocaine in a random drug test. The court found that the random drug test was not an unreasonable search because the plaintiff’s interaction with children outweighed his individual privacy interest. It also found that the county’s drug testing and human resources policies did not create a protected property interest in continued employment or an implied contract. Washington v. Unified Government of Wyandotte County, Kansas, No. 15-3181.

Multiemployer Pension Plans: Section 1405 – Limitation on Withdrawal Liability

FordHarrison LLP • February 16, 2017
Executive Summary: In a recent decision involving a withdrawal liability assessment by a multiemployer pension plan, an arbitrator reduced the assessment by approximately 50 percent and ruled in favor of the employer on several significant legal issues.

ACA Replacement Bills Encounter Beltway Traffic

Jackson Lewis P.C. • February 16, 2017
Since its enactment in 2010, Republicans in Congress have made numerous attempts to repeal the Affordable Care Act ("ACA"), with little success beyond modest tweaks that garnered bipartisan support (such as delaying the "Cadillac Tax"). With Republicans in control of both houses of Congress and the White House, comprehensive changes are a given, though the substance and timing of the changes remain open questions.

Breaks and Flexible Hours Not a Reasonable ADA Accommodation for Frequently Absent Employee, Court Holds

Jackson Lewis P.C. • February 15, 2017
Employers can easily feel overwhelmed when it comes to enforcing employee attendance standards while providing reasonable accommodation to employees with chronic health conditions. Increasingly, however, court decisions such as Williams v. AT&T Mobility Services LLC are providing much-needed guidance regarding the scope of an employer’s duty to accommodate. The Williams case illustrates how carefully-designed policies, frequent communication, and a generous sprinkling of patience form key ingredients in the recipe for avoiding liability under the Americans with Disabilities Act (ADA).