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

“Weakest link” is no way to run your workplace

Constangy, Brooks & Smith, LLP • November 21, 2014
If news reports are true (and perhaps they are not), then the ex-General Manager of NBC’s Today show provides a good example of how not to treat employees.

‘Tis the (Retail) Season, Part I: OSHA’s Tips for a Safe Black Friday

Ogletree Deakins • November 21, 2014
In advance of the holiday season, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) is reminding retail employers to take precautions to prevent workplace injuries during major sales events, including Black Friday. According to a news release issued by OSHA on November 17, 2014, “[t]ragic consequences and risk to workers can occur if the proper safety procedures are ignored.” The release also reminds retailers about the 2008 trampling death of a retail worker when shoppers rushed through the store to take advantage of Black Friday sales. “During the hectic shopping season, retail workers should not be put at risk of injury or death,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “OSHA urges retailers to take the time to adopt a crowd management plan and follow a few simple guidelines to prevent unnecessary harm to retail employees.”

President Obama Announces Executive Action on Immigration

Fisher & Phillips LLP • November 21, 2014
Last night, President Obama announced his plan for a partial fix of what many believe is a broken U.S. immigration system. This Executive Action will offer over four million undocumented individuals relief from deportation and provide them the opportunity to apply for temporary work authorization under what is being called Deferred Action for Parental Accountability (DAPA), expand the Deferred Action for Childhood Arrivals (DACA) program, strengthen border security measures, expand provisional waivers to include spouses and children of lawful permanent residents (LPR), and support high-skilled businesses and workers.

Executive Action on Business Immigration

Ogletree Deakins • November 21, 2014
President Obama has officially announced his plan for a series of executive actions on immigration. While the national discussion is largely focused on illegal immigration, the president’s plan impacts the business community by changing certain aspects of employment-based legal immigration programs. While details will be forthcoming, the executive actions intend to:

Whistleblower Claims and Awards on the Rise, According to SEC Report

Littler Mendelson, P.C. • November 21, 2014
In its Annual Report to Congress on the Dodd-Frank Whistleblower Program, the Securities and Exchange Commission reports that both the number of whistleblower claims and the magnitude of the financial awards stemming from those claims "were record-breaking" in FY 2014. Under the Dodd-Frank whistleblower incentive program, individuals who report original information that leads the SEC to recover monetary sanctions of $1 million or more are eligible to receive awards of 10 to 30% of that financial recovery. Notable findings of the report include:

Confidentiality Clauses in Settlement Agreements are Under Increasing Scrutiny by Regulators

Littler Mendelson, P.C. • November 21, 2014
In 2014 regulators increased their focus on the content of employee confidentiality, settlement and separation agreements. In particular, these regulators have expressed concern about clauses in agreements that may be construed as preventing an individual from cooperating or communicating with an investigatory agency.

Senate HELP Committee Considers NLRB Nomination

Littler Mendelson, P.C. • November 21, 2014
During a relatively sedate hearing to consider the nomination of Lauren McFerran to serve as a member of the National Labor Relations Board, the issue of joint employment and franchisor liability took center stage, at least for the Republican members of the Senate Committee on Health, Education, Labor and Pensions (HELP).

Obamacare Subsidies in 34 States May Not Be Legal

Brody and Associates, LLC • November 21, 2014
One of the Patient Protection and Affordable Care Act’s (“Act”) major selling points, the subsidies that certain individuals within 400% of the federal poverty level can receive if they purchase health insurance on state or federal exchanges, has recently been called into question.

OFCCP Announces Issuance of 2,500 Courtesy Scheduling Announcement Letters

FordHarrison LLP • November 20, 2014
Executive Summary: The Office of Federal Contract Compliance Programs (OFCCP) has announced that it will mail Courtesy Scheduling Announcement Letters (CSALs) to contractor facilities across the country that have been selected for compliance reviews during the next scheduling cycle.

Board Awards Unprecedented Remedies and Signals It Could Go Further

Littler Mendelson, P.C. • November 20, 2014
The National Labor Relations Board’s decision in HTH Corporation, 361 NLRB No. 65 (2014), re-affirms the Board’s intent to impose aggressive, unprecedented remedies. In this case, the Board openly signaled that it has not yet reached the outer limits of its authority, and is prepared to go even further.