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

Executive Labor Summary

Constangy, Brooks, Smith & Prophete, LLP • April 28, 2015
NLRB “quickie election” rule takes effect Machinists Union cries foul in Boeing campaign, asks for delay in NLRB vote Walmart battles NLRB, UFCW, and Our Walmart on multiple fronts, with no end in sight

FLSA Exemption Changes: Some Compensation Alternatives For Salaried Employees

Fisher & Phillips LLP • April 28, 2015
No one knows when the U.S. Labor Department will eventually implement revised definitions of the federal Fair Labor Standards Act's Section 13(a)(1) exemptions (we have covered these developments earlier). But whenever this happens, the new regulations are likely to:

Are Communications with Experts Privileged? Maybe

Goldberg Segalla LLP • April 28, 2015
In general, the attorney-client privilege protects confidential communications between an attorney and her client when made for the purpose of obtaining or providing legal advice.

EEOC Commissioner Offers Helpful Guidance to Employers on Providing Accommodations to Pregnant Employees

Franczek Radelet P.C • April 28, 2015
Last week, I had the pleasure of presenting with EEOC Commissioner Victoria Lipnic on the EEOC’s pregnancy discrimination guidance and how employers should address pregnancy accommodations in the workplace. Our presentation was part of an outstanding FMLA/ADA compliance conference hosted by the Disability Management Employer Coalition. You can access BloombergBNA’s coverage of our presentation here (pdf).

OFCCP Drops the Annual Veterans Hiring Benchmark to 7 Percent

Ogletree Deakins • April 27, 2015
On April 21, 2015, the Office of Federal Contract Compliance Programs (OFCCP) announced that it had updated the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) Benchmark Database on its website. The VEVRAA Benchmark Database is one of two databases that the OFCCP launched in March of 2014 to help contractors and subcontractors comply with new veteran regulations, namely the VEVRAA hiring benchmark requirements.

Overtime Changes Threaten the Exempt Status of Retail and Hospitality Managers

Ogletree Deakins • April 27, 2015
The National Retail Federation’s (NRF) Committee on Employment Law held its spring meeting last week, and one of the hottest topics on the minds of the attendees concerned the impact that the U.S. Department of Labor’s proposed changes to the overtime regulations would have on retail and hospitality industry employers. As we explained in a recent post, “Supreme Court Eliminates Notice-and-Comments for Some Agency Interpretations,"

When is a background search not a background search . . . ?

Ogletree Deakins • April 27, 2015
In a thoroughly reasoned and illustrative opinion, one federal court magistrate judge recently dismissed the claims of a group of individuals who alleged they were not hired because a potential employer used LinkedIn’s “Reference Search” feature to obtain background information. Sweet v. LinkedIn Corporation, NDCA, No. 5:14-cv-04531, April 14, 2015.

The New Wave of Data Breach Settlements

Ogletree Deakins • April 27, 2015
4.8 million. 10 million. 15 million. 25 million. Before 2014, these large numbers were likely to represent the number of individuals affected by a data breach. Today, they are the dollar figures that companies must spend to put a breach in the past—and that’s just the cost of settlement. Lately, companies have far exceeded these amounts—by the hundreds of millions of dollars—before a settlement is even proposed.

USCIS to Begin Premium Processing of H-1B Cap Cases on April 27, 2015

Littler Mendelson, P.C. • April 27, 2015
The United States Citizenship and Immigration Services (USCIS) has announced it will begin premium processing of H-1B cap cases on April 27, 2015. This means that if a company has already received a receipt notice for a cap-subject H-1B petition filed via premium processing, the 15-day window for premium processing will begin on Monday, April 27, 2015. Additionally, employers whose premium processing cases were selected in the H-1B case lottery should see an initial action on their case (an approval, request for evidence (RFE), or a denial) by May 12, 2015.

New Fiduciary Regulations Require Retirement Investment Advisers to Act in Clients' Best Interests

Ogletree Deakins • April 24, 2015
On April 14, 2015, the U.S. Department of Labor (DOL) issued new proposed regulations that changed the definition of “fiduciary investment advice” as currently found in DOL Regulation 2510.3-21(c). These proposed rules also formally withdraw the prior proposed regulations issued in 2010. According to the DOL, these latest proposed rules will improve the protections provided for persons saving for retirement by ensuring that fiduciaries provide advice that is in their clients’ best interests.