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

Class Action Waiver Update: Will a Switch in Time Persuade Nine?

Ogletree Deakins • June 23, 2017
It was no surprise when, on June 16, 2017, numerous business and employer groups (including several represented by Ogletree Deakins) filed over a dozen amicus briefs supporting the employers in the three class action waiver cases pending in the Supreme Court of the United States: National Labor Relations Board v. Murphy Oil USA, Inc., Epic Systems Corp. v. Lewis, and Ernst & Young LLP v. Morris.

Federal Court Holds First Trial on Website Accessibility Under the ADA

XpertHR • June 23, 2017
A federal judge has found in Gil v. Winn-Dixie Stores, Inc., (S.D.Fla. No. 16-23020-Civ-Scola) that a corporation violated Title III of the Americans With Disabilities Act (ADA) because its website was inaccessible to individuals with vision-related disabilities. The opinion, verdict and order followed the first federal trial on the issue of website accessibility. Employers that are owners of places of public accommodation should take note of the decision and consider meeting the World Wide Web Consortium's (W3C) Web Content Accessibility Guidelines (WCAG 2.0 AA) in order to mitigate potential risks.

Some States Forge Ahead On Salary Thresholds

Fisher Phillips • June 23, 2017
Since last November, employers have waited with bated breath for a resolution of the status of the U.S. Department of Labor's salary-threshold increase for an executive, administrative, professional, or derivative "white collar" exemption under the federal Fair Labor Standards Act's Section 13(a)(1). To date, there have been no substantive developments with respect to the Texas court's preliminary injunction.

There's No Crying at Work! But if an Employee Does Cry, Is That Sufficient Notice of the Need for FMLA Leave?

Franczek Radelet P.C • June 23, 2017
Reports of my capture by a Sri Lankan sloth bear in the dry forests of Sri Lanka are greatly exaggerated.

Are We Ever Going to Get OSHA Guidance from the Trump Administration?

Fisher Phillips • June 23, 2017
No one thought that on June 22, we would still not know the Trump administration's enforcement position on the recordkeeping anti-retaliation requirements, including about automatic post-accident drug testing, the Silica standard, or a host of other issues. Republicans cannot solely blame the Democrats and the “Resistance” movement for the delay in thousands of appointments. The administration seems to be distracted by legal claims and to have little interest in appointing crucial agency leaders.

Senate Republicans Release Bill to "Repeal and Replace" the Affordable Care Act

Littler Mendelson, P.C. • June 23, 2017
On June 22, 2017, Senate Republicans released a draft of their legislation to repeal and replace the Affordable Care Act (“ACA”). After the House narrowly passed its version of ACA overhaul legislation, the American Health Care Act (AHCA), on May 4, 2017, attention shifted to the Senate to craft its own proposal.

The Continuing Stream of Website Accessibility Claims: A Trial Victory for a Plaintiff and a Dismissal for a Company

Littler Mendelson, P.C. • June 22, 2017
Over the past 18 months, the number of claims being filed over website accessibility has increased dramatically.1 Although courts continue to differ as to whether websites are places of public accommodation covered by Title III of the Americans with Disabilities Act (“ADA”), and if so, whether all websites are covered or whether there must be a nexus between a physical location and a website for the website to be a place of public accommodation, litigation over website accessibility continues to proliferate. In recent months, there have been two notable district court opinions in this area.

Second Circuit Upholds NLRB Whole Foods Decision Allowing Employee Recording in the Workplace

Franczek Radelet P.C • June 22, 2017
With little fanfare, the Second Circuit Court of Appeals recently upheld a National Labor Relations Board decision striking down Whole Foods’ policies prohibiting workplace audio or video recording without prior approval from management. In an unpublished summary order with no precedential value, the Second Circuit ruled that the NLRB’s decision was supported by substantial evidence and consistent with the National Labor Relations Act.

Top Five Labor Law Developments in May 2017

Jackson Lewis P.C. • June 22, 2017
1. Handbook rules requiring employees to obtain preapproval to use cameras and other recording devices at work are not per se unlawful, according to the National Labor Relations Board. Mercedes-Benz U.S. Int’l Inc., 365 NLRB No. 67 (May 16, 2017).

Tenth Circuit Departs From Other Circuit Courts and Holds Plaintiff Bears the Burden of Proving Causation in ERISA Breach of Fiduciary Duty Cases

Littler Mendelson, P.C. • June 22, 2017
On June 5, 2017, in a split decision to be published, the U.S. Court of Appeals for the Tenth Circuit held that the plaintiff bears the burden on each element of its Employee Retirement Income Security Act of 1974 (“ERISA”) claim for breach of fiduciary duty, including causation and damages. Pioneer Centres Holding Co. Emp. Stock Ownership Plan & Trust v. Alerus Fin., N.A., Case No. 15-1227 (10th Cir. June 5, 2017). The Tenth Circuit affirmed a trial court’s decision that had bypassed the issue of whether the plan fiduciary had breached its duty.