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

Companies Feeling Pressure to Confirm they Pay Employees “Equally”

Jackson Lewis P.C. • May 24, 2016
Increasingly, high-profile companies in the tech industry are feeling the pressure to publicly share employee pay information and address any existing “pay gaps.” This has led to a number of recent press releases from Silicon Valley employers proclaiming “equal pay” within their organizations.

Join EEOC Commissioner Chai Feldblum and me for a Webinar on the EEOC's New Resource on Leave as an ADA Reasonable Accommodation

Franczek Radelet P.C • May 24, 2016
Earlier this month, the EEOC issued a technical assistance resource on leave as an ADA reasonable accommodation under the ADA. I am delighted that EEOC Commissioner Chai Feldblum will join me for a webinar to take a deep dive into the information provided in the EEOC’s resource and apply the technical assistance to a variety of real-life scenarios.

Top 5 Takeaways From Webinar on Final DOL Overtime Exemption Rule

Franczek Radelet P.C • May 24, 2016
Thank you to those who attended today’s webinar, “New DOL Overtime Exemption Rules – What You Really Need to Know Now.” We hope that everyone enjoyed the presentation and learned information that will assist in getting your organization ready for compliance.

Will the DOL’s Final Rule Amending Overtime Regulations for ‘White Collar’ Workers Apply to Puerto Rico?

Jackson Lewis P.C. • May 24, 2016
On the same day the U.S. Department of Labor released its Final Rule updating regulations under the Fair Labor Standards Act (“FLSA”) governing overtime exemptions for executive, administrative, and professional employees (commonly known as the “white collar exemptions” or “EAP exemptions”), a bill was introduced in the U.S. House of Representatives that would delay implementation of the Final Rule in Puerto Rico for at least two years after enactment of the bill, until certain conditions are met. (For details on the Final Rule, see our article, Labor Department Announces Final Rule Amending Overtime Regulations for ‘White Collar’ Workers.)

Federal Court Judge Quashes Challenge to Revised Visa Bulletin Dates

Jackson Lewis P.C. • May 24, 2016
A U.S. District Court in Seattle has ruled that the U.S. Department of State’s Visa Bulletin which governs how immigrant visas subject to numerical limitations are allocated, and indicates when intending immigrants may apply for the last stage of the permanent visa process is not a final agency action or decision and, therefore, cannot be challenged in court. While it is estimated that 20,000 or more individuals relied upon the published dates to initiate filings prior to the roll-back, Chief Judge Ricardo S. Martinez determined that the court lacked jurisdiction because the bulletin does not constitute a final action under the Administrative Procedure Act (APA), but instead merely sets out “informative” data.

Explanation of the Legal Profession’s Remarkably Slow Adoption of Predictive Coding

Jackson Lewis P.C. • May 24, 2016
Well-known predictive coding expert attorney, Maura Grossman, and her husband, noted information scientist, Gordon Cormack, recently began on article in Practical Law magazine with the assertion:

OSHA Changes to Recordkeeping Rules Will Make Injury and Illness Data Public; Restricts Post-Incident Drug Testing and Safety Incentive Programs

Franczek Radelet P.C • May 24, 2016
Claiming that it will “nudge” employers to focus on safety, the Occupational Safety and Health Administration (OSHA) has issued a final rule which updates the way it collects, and employers report, workplace injury and illness data. The new rule, which takes effect January 1, 2017, requires covered employers with 250 or more employees and employers in “high risk” industries with 20 or more employees to electronically submit injury and illness data to OSHA. Employers must count part-time, seasonal and temporary employees in determining whether they have the threshold number of employees. OSHA will post the injury and illness information on its website, although it states it will remove any personally identifiable information before posting.

SCOTUS Rules Notice of Resignation Starts the Clock in a Federal Employee’s Constructive Discharge Case

Ogletree Deakins • May 24, 2016
On May 23, 2016, the Supreme Court of the United States decided when the limitations period for filing a lawsuit begins to run for a federal employee claiming he or she resigned—or was “constructively discharged”—due to discrimination in violation of Title VII of the Civil Rights Act of 1964. According to the Court, a federal civil servant must “initiate contact” with an Equal Employment Opportunity (EEO) counselor at his or her agency “within 45 days of the date of the matter alleged to be discriminatory” before he or she may file suit under Title VII. In a constructive discharge case, the Court further held, the “matter alleged to be discriminatory” includes the employee’s resignation. Thus, “the 45-day clock for a constructive discharge begins running only after the employee resigns.” Green v. Brennan, No. 14–613, Supreme Court of the United States (May 23, 2016).

Supreme Court Rules that Statute of Limitations Period for Constructive Discharge Claims Begins to Run from Date of Notice of Resignation

FordHarrison LLP • May 24, 2016
Executive Summary: The U.S. Supreme Court recently held that the statute of limitations period for constructive discharge claims under Title VII of the 1964 Civil Rights Act (Title VII) begins to run from the date that the employee gives the employer notice that the employee is resigning. Reversing the Tenth Circuit's decision in favor of the employer, in Green v. Brennan, the Supreme Court held that "the matter alleged to be discriminatory includes the employee's resignation," and that the limitation period for filing a claim for a constructive discharge begins running only after the employee resigns.

An Imperfect Test: The Problem with Job Performance Appraisals

Knowledge@Wharton (Reg Required) • May 24, 2016
Wharton management professor Peter Cappelli has spent decades studying the complicated dynamics of employment. In a post-recession world, his research is more timely than ever as companies large and small struggle to adapt to a new normal that relies on fewer employees handling a larger, shifting workload.