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

The Super Bowl Shouldn’t Be A Super Headache For Employers

Fisher Phillips • January 21, 2020
Now that we know that the Kansas City Chiefs will be playing the San Francisco 49ers in Super Bowl LIV in a few weeks, it’s time to assess whether this annual American tradition will create any workplace issues for your organization. With over 110 million television viewers expected to tune in – including die-hard supporters, casual fans, and those only interested in the halftime show and the commercials – you can be sure that many of your employees will be spending Sunday, February 2 watching football.

Bureau of Labor Statistics Releases Census of Fatal Occupational Injuries Report

Littler Mendelson, P.C. • January 21, 2020
On December 17, 2019, the Bureau of Labor Statistics (BLS) released its Census of Fatal Occupational Injuries Report for 2018.

Union Launches National Organizing Effort in Gaming and Tech Industries

Jackson Lewis P.C. • January 21, 2020
The Communications Workers of America (CWA) has begun a nationwide union-organizing campaign targeting game and tech industry employees, in partnership with Game Workers Unite! (GWU), a so-called “grass-roots” worker group founded in Southern California in 2018 to spur unionization in the gaming industry. As here, such groups typically are founded and funded by established labor organizations.

Northrup Grumman Agrees to Settle 401(k) Excessive Fee Suit

Jackson Lewis P.C. • January 20, 2020
Northrop Grumman has agreed to pay $12,375,000 to settle a class action brought under the Employee Retirement Income Security Act (“ERISA”) by participants in its 401(k) plan. The parties reached the initial terms of this settlement last year minutes before the start of the trial.

Numbers are fun ... unless you’re calculating overtime compensation for a period that includes a discretionary bonus.

Ogletree Deakins • January 20, 2020
Section 7 of the Fair Labor Standards Act (FLSA) requires an employer to pay one and one-half times an employee’s “regular rate” of pay for hours worked over 40 in a workweek. That “regular rate” includes all “remuneration for employment” and specifically includes nondiscretionary bonuses.

Compliance with Changing State and Local Laws is Nonstop

Jackson Lewis P.C. • January 20, 2020
In 2019, as in previous years, most of the new labor and employment law legislation was enacted at the state and local level.

Combating Improper Robocalls: The TRACED Act Signed into Law

Jackson Lewis P.C. • January 20, 2020
In the final days of 2019, the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (“TRACED Act”) was signed into law to combat the increasing number of illegal robocall practices and other intentional violations of telemarketing laws.

Demand for H-2B Visas Remains Higher than Supply

Jackson Lewis P.C. • January 20, 2020
The peak H-2B filing season opened on January 2, 2020, and by the next day the Office of Foreign Labor Certification (OFLC) in the Department of Labor (DOL) had received approximately 5,000 applications for 87,000 seasonal workers. Only 33,000 are available for the spring/summer period, which starts on April 1, 2020. Another 33,000 are available for the winter season.

Review Commission Gains Quorum After Senate Confirmations

Jackson Lewis P.C. • January 20, 2020
Since April of 2019, the Occupational Safety and Health Review Commission (“Commission”) has been a panel of one. After Chairwoman Heather MacDougall resigned from the Commission on March 31, 2019 and Commission Cynthia Attwood’s term ended in April of 2019, the Commission was left with one member, Commissioner James Sullivan, Jr. In July 2019, Mr. Sullivan was elevated to Chairman of the Commission and has sat in that position without a quorum since then. But that will soon change as the Senate has confirmed two appointees, both familiar faces to the Commission.

Sixth Circuit Considers Whether Comparator Info is Discoverable in a Failure to Promote Case

Ogletree Deakins • January 20, 2020
In Jones v. Johnson, No. 18-2252 (January 9, 2020), the Sixth Circuit Court of Appeals considered the discoverability of comparator information in a case involving an allegation that an employer failed to promote an employee. The court reversed a district court’s decision in favor of an employer on the grounds that it had improperly limited the scope of discovery. The Sixth Circuit’s decision highlights that documentary evidence reviewed by decision-makers and/or about which they had knowledge will likely be found to be discoverable, and depositions of decision-makers and those who provided information to the decisions-makers during the hiring process will likely be found to be permissible.
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