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

Jackson Lewis Class Action Trends Report Summer 2016 Now Available

Jackson Lewis P.C. • June 30, 2016
Below is a link to the latest issue of the Jackson Lewis Class Action Trends Report. This report is published on a quarterly basis by our firm’s class action practice group in conjunction with Wolters Kluwer. We hope you will find this issue to be informative and insightful. Using our considerable experience in defending hundreds of class actions over the last few years alone, we have generated another comprehensive, informative and timely piece with practice insights and tactical tips to consider concerning employment law class actions.

Handling Intermittent, Unpredictable Leave Requests after FMLA Ends: Additional Analysis of My Webinar with EEOC Commissioner Feldblum (Part II)

Franczek Radelet P.C • June 30, 2016
Thanks again to those who attended my June 23 webinar with EEOC Commissioner Chai Feldblum on the topic of “leave” as an ADA reasonable accommodation in light of the EEOC’s new technical resource issued on this topic in early May 2016. If you missed the program, you can access the webinar and materials here.

EEOC Increases Penalty for Violating Notice Posting Requirements by 150 Percent

FordHarrison LLP • June 30, 2016
Executive Summary: The EEOC is increasing the penalty for failure to post the required workplace notices under Title VII, the ADA, and GINA by 150 percent. This increase means the maximum penalty for notice violations will increase to $525 per violation effective July 5, 2016. The increase will only apply to penalties issued after the July 5th effective date.

Active Shooter Situations: What Employers Can Do Before It’s Too Late

XpertHR • June 30, 2016
While last month’s massacre at Orlando’s Pulse nightclub shook the nation to its core, active shooter situations have become all too common in recent years. As also shown by the San Bernardino office holiday party rampage and other examples, this is an issue HR simply cannot afford to ignore.

Taking Workplace Training to the Next Level: EEOC Task Force Recommends Live, Interactive Harassment Prevention Training

Littler Mendelson, P.C. • June 30, 2016
On June 20, 2016, the U.S. Equal Employment Opportunity Commission released a 130-page report (“the Report”)1 on harassment in the workplace. The Report contains 45 specific recommendations and identifies 12 “risk factors” concerning workplace harassment and its prevention. Notably, the Report devoted the bulk of its recommendations to the need for effective compliance training and related efforts.

D.C. Circuit Affirms NLRB’s Order to Employer to Reimburse All of Union's Bargaining Expenses as Remedy for Unfair Labor Practices

Littler Mendelson, P.C. • June 30, 2016
In HTH Corporation v. NLRB, the U.S. Court of Appeals for the D.C. Circuit rejected the National Labor Relations Board’s attempt to expand the remedies under the National Labor Relations Act for unfair labor practices to include an award of litigation expenses (attorneys’ fees and costs). In Camelot Terrace, Inc. and Galesburg Terrace, Inc. v. NLRB, decided June 10, 2016, the court again rejected the Board’s award of litigation expenses, relying on its decision in HTH Corp. However, the court affirmed the Board’s order that Camelot Terrace, Inc. and Galesburg Terrace, Inc. (the Companies) reimburse the bargaining expenses incurred by the Service Employees International Union (SEIU) as an appropriate remedial measure for having engaged in bad faith bargaining with the union, addressing the question directly for the first time.

Employer’s Honest Belief That Employee Could Not Perform Job Due to Use of Opioid Medications Did Not Constitute Disability Discrimination

Jackson Lewis P.C. • June 29, 2016
An employer’s decision to bypass an employee for a position based on the employee’s use of opioids was not enough to prove the employee’s disability discrimination claim, according to the Sixth Circuit Court of Appeals. Ferrari v. Ford Motor Company, Case No. 15-1479 (6th Cir. June 23, 2016). The Court affirmed summary judgment in favor of the employer on the employee’s disability discrimination claims, as well as his Family and Medical Leave Act retaliation claim.

Managing Repeated Requests for Leave as an ADA Reasonable Accommodation: Takeaways from My Webinar with EEOC Commissioner Feldblum (Part I)

Franczek Radelet P.C • June 29, 2016
Last Thursday, I had the pleasure of conducting a webinar with EEOC Commissioner Chai Feldblum on the topic of “leave” as an ADA reasonable accommodation in light of the EEOC’s new technical resource issued on this topic in early May 2016. If you missed the program, you can access the webinar and materials here. In addition to covering information contained in the EEOC’s new resource document, we also identified some practical approaches in determining whether and how much leave employers are obligated to provide when it comes to the ADA.

New DOL Rules Heighten Disclosure Requirements for Labor “Persuaders”

Nexsen Pruet • June 29, 2016
The U.S. Department of Labor (DOL) recently announced significant revisions to the “persuader” rules set forth in the Labor Management Reporting & Disclosure Act of 1959 (LMRDA). The new rules impose increased disclosure requirements for employers and any “labor relations consultants” they hire to provide direct or indirect “persuader” advice regarding unionization and other labor-related issues. While the current legal status of the rules remains in flux, employers should consider their potential disclosure responsibilities and related options.

What Does the Supreme Court’s Spokeo Decision Mean in the ERISA Litigation Context?

Jackson Lewis P.C. • June 29, 2016
ERISA practitioners should be aware of the extent to which the United States Supreme Court’s decision in Spokeo, Inc. v. Robins may touch on ERISA claims and defenses. In Spokeo, decided 6 to 2 last month, the Supreme Court addressed the issue of constitutional standing under the Fair Credit Reporting Act (“FCRA”), and our FCRA litigation practice group has commented recently on the decision. However, the Spokeo decision likely will have a unique impact in the ERISA litigation context.