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

Government Releases Final Rule Implementing “Blacklisting” Law

Fisher Phillips • August 28, 2016
The final rule and guidance implementing the Fair Pay and Safe Workplaces Executive Order, signed by President Barack Obama in July 2014 and finally published on August 25, 2016, remain almost as burdensome and problematic as they were when originally proposed. They will impact many federal contractors and require immediate attention to ensure full compliance, which for some will be required as soon as October 2016.

Noise Complaints Don’t Fall on Deaf Ears: OSHA Sets Out to End Workplace Noise Exposure and Related Hearing Loss

Goldberg Segalla LLP • August 28, 2016
Recently, OSHA, the Mine Safety and Health Administration and the National Institute for Occupational Safety and Health teamed up to compel inventors to develop a solution to workplace noise exposure and corollary hearing loss. The trifecta endeavors to ameliorate the risk of hearing loss that 22 million workers face every year from workplace noise hazards.

How Sexual Harassment Training Misses the Mark

XpertHR • August 28, 2016
The rapid fall of Fox News Chairman and CEO Roger Ailes this summer amidst multiple sexual harassment claims has once again brought this diciest of workplace issues to the forefront. Ailes certainly isn’t the first high-profile leader felled by sex harassment charges, but he was right at the top in terms of power.

Administration Welcomes Foreign Entrepreneurs with Proposed Rule

Jackson Lewis P.C. • August 28, 2016
The Department of Homeland Security has closed out the summer with an encouraging proposal designed to allow certain founders of start-up companies from abroad to come to the U.S. for an initial stay of up to two years to build their business here. In a move recognizing the entrepreneurial spirit embodied by the many foreign individuals who have contributed to making the United States a beacon of innovation and creative ambition, the service released an advance copy of the proposed “International Entrepreneur Rule.”

Agencies Release Final Rule on “Fair Pay and Safe Workplaces” Executive Order

Littler Mendelson, P.C. • August 26, 2016
On August 24, 2016, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration (FAR Council) released the final rule implementing the “Fair Pay and Safe Workplaces” Executive Order (EO). Simultaneously, the Department of Labor (DOL) released final guidance on key provisions of the final rule. The so-called “blacklisting” EO requires prospective and existing contractors on covered contracts to disclose administrative determinations, arbitral awards, and civil judgments (referred to collectively in the rule as “labor law decisions”) finding or (sometimes even just alleging) violations of 14 enumerated labor laws and state law equivalents.

DOL and FAR Council Publish Final ‘Fair Pay and Safe Workplaces’ Rules for Government Contractors

Jackson Lewis P.C. • August 26, 2016
The U.S. Department of Labor and the Federal Acquisition Regulatory (“FAR”) Council have published the highly-anticipated final guidance and regulations implementing President Barack Obama’s “Fair Pay and Safe Workplaces” Executive Order (E.O. 13673), often called the “Blacklisting” or “Bad Actors” Executive Order. Signed by President Obama in July 2014

Class Action Retirement Plan Litigation Hits Higher Ed Hard

Ogletree Deakins • August 26, 2016
In recent weeks, multiple class action lawsuits have been filed against private, nonprofit universities across the country alleging breaches of fiduciary duty and claiming millions of dollars in damages for retirement plan participants. Each action was filed by the same law firm that previously filed similar class actions against several large private companies and which now appears to be targeting higher educational institutions.

Ninth Circuit, California Appellate Court Take Aim at Arbitration Agreements

FordHarrison LLP • August 26, 2016
Executive Summary. The Ninth Circuit and the California Court of Appeal have each issued decisions that may fundamentally affect how employers deal with arbitration agreements in the future. In Morris v. Ernst & Young, the Ninth Circuit held that it is unlawful to require an employee to sign an arbitration agreement that includes a class action waiver. In Esparza v. Sand & Sea, Inc., the California Court of Appeal refused to enforce an arbitration provision that was contained only in an employee handbook.

NLRB Rules Grad Students Are Employees, Can Unionize

XpertHR • August 26, 2016
The National Labor Relations Board (NLRB) has held that graduate students who work as teaching and research assistants are statutory employees under the National Labor Relations Act (NLRA). The NLRB's ruling, in a case filed by a group of Columbia University graduate students, clears the way for graduate assistants to unionize and collectively bargain for better working conditions.

Ninth Circuit Holds Class Action Waivers Violate NLRA: What Employers Should Do Now

Ogletree Deakins • August 26, 2016
In an important 2–1 decision, a divided panel of the Ninth Circuit Court of Appeals recently concluded class action waivers in arbitration agreements violate the National Labor Relations Act (NLRA) and therefore are unenforceable. This ruling adds to the growing circuit split on this critical issue, increases the likelihood that the Supreme Court of the United States will resolve the open question, and presents key strategic decisions for employers to make in the interim.