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

How Effective Communication Can Enhance HR Credibility

XpertHR • May 05, 2016
One of the key skills HR professionals need to master when moving to establish a more active role in their organization is effective communication. Not only does clear communication help define the responsibilities of the HR department for management and employees, but it also helps frame the department as a strategic partner within the organization rather than a passive, reactionary function.

Many Tennessee Employers Will Soon Be Required To Use E-Verify

Fisher & Phillips LLP • May 05, 2016
Tennessee’s state immigration law just received an important update by the state legislature and Governor, and many employers in the state will soon be impacted. Beginning January 1, 2017, all Tennessee businesses with 50 or more employees will be required to use the E-verify system in order to determine workers’ eligibility for employment. If you currently do not use E-Verify, the time to begin preparing is now.

Department of Justice Warns Governor that North Carolina LGBT Law is Unlawful

Jackson Lewis P.C. • May 05, 2016
North Carolina’s law restricting access to restrooms based on an individual’s sex assigned at birth and not based on an individual’s consistent gender identity violates both Title VII of the Civil Rights Act and Title IX of the Education Amendments of 1972, the United States Department of Justice has said in a letter to North Carolina Governor Pat McCrory dated May 4, 2016. The DOJ also instructed Governor McCrory that he has until May 9, 2016, to respond by confirming that the state will not implement the law.

Layoffs Without WARN-ing: How to Use the Unforeseeable Business Circumstance Exception

Ogletree Deakins • May 05, 2016
A recent federal trial court decision out of Delaware, In re AE Liquidation, Inc. v. Burtch, No. 14-1492-LPS (D. Del. Mar. 31, 2016), illustrates how, even in the context of a very troubled business, the Worker Adjustment and Retraining Notification (WARN) Act’s “unforeseeable business circumstance exception” (UBC) still may be used as a defense to WARN liability.

CFTC Awards $10 Million to Whistleblower

XpertHR • May 05, 2016
The US Commodity Futures Trading Commission (CFTC) has announced an award of more than $10 million to a whistleblower. The award is the largest made by the agency to date.

Fair Pay & Safe Workplaces Proposed Regulations Sent to OMB

Jackson Lewis P.C. • May 04, 2016
We’ve learned the Office of Management and Budget has received for consideration the proposed regulations and guidance implementing the Fair Pay & Safe Workplaces Executive Order. This is the next step in the regulatory review process and indicates the regulations and guidance are one step closer to finalization. To be clear, the documents need OMB approval before being final.

HR Intel: Uber-Anxiety over Employee Classification and Overtime

XpertHR • May 04, 2016
With the public release of the new Department of Labor rule regarding employee classification and overtime around the corner, there is a lot of uncertainty out there in the HR world. Some of the uncertainty focuses on the size of the impact – just how much will our payroll change if this goes into effect? But the primary source of uncertainty seems to be whether the DOL’s “final rule” will actually become final. We’ve heard quite a bit about the new (supposedly) “final” rule, but the process by which it becomes finalized is fairly cryptic.

Retailers Share Struggles and Strategies in Preparing for Overtime Changes

Ogletree Deakins • May 04, 2016
The proposed changes to the Fair Labor Standards Act’s (FLSA) overtime rules were a hot topic on the minds of retailers at the National Retail Federation’s Committee on Employment Law meeting, which was held on April 21–22, 2016. At the conference, Elizabeth S. Washko, Office Managing Shareholder of Ogletree Deakins’ Nashville office, moderated a panel discussion on what retail companies are doing now to prepare for the coming changes to the FLSA’s overtime regulations. On the panel with Washko were in-house counsel from four major retailers with operations throughout the United States, representing both brick-and-mortar, as well as online, retailers. Representatives from other retailers in the audience also shared their concerns and tactics. During the lively panel discussion, the presenters fielded the following questions from the moderator and shared the struggles they face as well as their strategies to handle the forthcoming regulations:

Disruptions in U.S. Labor Law (PDF)

Fisher & Phillips LLP • May 04, 2016
The last five years have certainly been exciting times for labor and employment lawyers. Tra- ditional labor lawyers handle matters under the National Labor Relations Act as enforced and defined by the National Labor Relations Board (NLRB). The NLRB has implemented significant changes to both case law and pro - cedure. You may have heard snippets about micro-unit organizing and “quickie” elections, but unless you’ve practiced in the area of labor, you may not realize the impact of these and other NLRB decisions on the world of work as it applies to many Americans.

Veterans Rights: What Employers Need to Know

Brody and Associates, LLC • May 04, 2016
Does your Company have at least one employee? If the answer is YES, then the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) applies to you. USERRA prohibits employment discrimination against a person on the basis of past military service, current military obligations, or intent to serve.