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

The Benefits of Mandatory Binding Arbitration Agreements With Class Action Waivers in the Gig Economy–They Are Not Just For Employees Any More

Fisher Phillips • October 21, 2016
Experts now predict that by 2020, 40% of workers will not fit into the traditional employment model as we currently know it.

Telework Under The ADA & Other Nondiscrimination Laws

Littler Mendelson, P.C. • October 21, 2016
A workforce that adheres to a traditional work style, or a consistent eight-hour workday in the same location – with no offsite work or interaction with business colleagues or customers – is increasingly becoming a relic in many settings. Whether at a coffee house, commuter train, airport lounge, or soccer field, transactions, communications, and decisions take place on a range of devices away from the brick-and-mortar jobsite.

Straightening Out the Fluctuating Hour Workweek: Evaluating the Risks and Benefits of One Method of Overtime Payment

Jackson Lewis P.C. • October 21, 2016
With the Department of Labor’s recent changes to the salary threshold for white-collar exemptions set to take effect on December 1, 2016, many employers are struggling to find the best option for how to comply with the new regulations without breaking the bank. One lesser-known alternative that is receiving increased attention from many companies is the fluctuating workweek method of payment for non-exempt employees.

Full Seventh Circuit To Consider Whether Title VII Protects Sexual Orientation

FordHarrison LLP • October 21, 2016
Executive Summary: Title VII of the Civil Rights Act of 1964 does not specifically include sexual orientation as one of its protected traits. In July 2015, the Equal Employment Opportunity Commission (EEOC) for the first time took the position that Title VII protects federal employees from sexual orientation discrimination in the workplace. However, courts have considered this non-binding precedent, instead maintaining that sex-based discrimination does not include sexual orientation – but that could soon change. On October 11, 2016, in Hively v. Ivy Tech Community College, South Bend, the Seventh Circuit vacated its own prior ruling that sexual orientation is not protected by Title VII, and granted a motion to have all of the sitting Seventh Circuit judges consider the issue. LGBTQ advocates, Human Resources professionals and employment lawyers should take note and keep their eye on this emerging area of the law.

Fair Pay and Safe Workplaces Rules ‘Misguided,’ ‘Unlawful’ and Must be Blocked, Says Texas Lawsuit – TRO Hearing Scheduled for October 21

Jackson Lewis P.C. • October 20, 2016
Several large construction and security industry groups have filed a lawsuit in the U.S. District Court for the Eastern District of Texas to block the heavily criticized Fair Pay and Safe Workplaces Executive Order 13673 and related rules. The court has scheduled a temporary restraining order (TRO) hearing for October 21, 2016, just four days before the Executive Order’s requirements begin to go into effect on October 25.

To Accommodate or not to Accommodate: How to Know if Your Employee Actually Requested a Reasonable Accommodation

Franczek Radelet P.C • October 20, 2016
A divided federal appeals court recently reminded employers that an employee’s request for a reasonable accommodation under the Americans with Disabilities Act (“ADA”) need not be explicit in order to invoke the interactive accommodation process. In Kowitz v. Trinity Health, the Eighth Circuit Court of Appeals found that, based on the circumstances presented in the case, an employee had made an implied request for a reasonable accommodation.

With Open Enrollment Season Under Way, What Do Employees Need to Know?

XpertHR • October 20, 2016
October is a great month for many reasons, but unless you’re a serious health care wonk, open enrollment probably isn’t one of them.

Blocking the New Overtime Salary Threshold? Hearing on Request for an Injunction Scheduled for November

Ogletree Deakins • October 20, 2016
A hearing has been scheduled for November 16, 2016 in a Texas federal court to decide whether an injunction will be issued to block the substantially increased salary threshold to qualify as exempt under the new overtime rule, which is anticipated to take effect on December 1, 2016.

EEOC Announces New Enforcement Priorities

Fisher Phillips • October 20, 2016
Earlier this week, the Equal Employment Opportunity Commission (EEOC) announced a new series of enforcement priorities on which it will focus over the next five years. By releasing its second-ever Strategic Enforcement Plan, the EEOC provided a clear message to employers regarding the areas that will occupy a considerable amount of attention when it comes to investigations, enforcement actions, and litigation from 2017 to 2021.

Workplace Law Discussed During Final Presidential Debate

Fisher Phillips • October 20, 2016
Workplace law was once again a topic of discussion during last night’s third and final presidential debate between Hillary Clinton and Donald Trump. While not covered as extensively as during the first debate on September 26, there were several points during the evening where issues were raised that should be of interest to employers.