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

Labor Law Lessons from Our Favorite Films: Dirty Dancing

Jackson Lewis P.C. • August 20, 2017
There are films with clear labor law undertones, such as On The Waterfront and Norma Rae. The National Labor Relations Act and its teachings, however, lurk in other pop culture examples.

An Intangible Injury Caused by a Consumer Report Is Concrete Enough, Says the Ninth Circuit

Ogletree Deakins • August 20, 2017
On August 15, 2017, the Ninth Circuit Court of Appeals decided Robins v. Spokeo, Inc. (No 11-56843), a case addressing the standing necessary to maintain an action in federal court that had been remanded to the court by the Supreme Court of the United States. In Spokeo, an individual claimed that a search engine company (which the court presumed to be a consumer reporting agency (CRA)) willfully failed to comply with the Fair Credit Reporting Act (FCRA) by providing inaccurate information about him. According to the Ninth Circuit’s decision, because Robins suffered an intangible injury under the FCRA, he established a concrete harm sufficient to give him standing. Although the case deals with alleged injuries resulting from a CRA’s alleged failure to comply with the FCRA, its holding may impact injury allegations against employers brought under the act.

Are You Prepared for the Workplace Challenges That Will Rise With the Solar Eclipse?

Ogletree Deakins • August 20, 2017
Unless you have been living under a rock, you should know by now that on August 21, 2017, a total solar eclipse will cross the continental United States, coast to coast. While the entire country will experience a partial eclipse, a total eclipse will occur along a roughly 70-mile-wide band, referred to as the “path of totality,” which spans parts of 14 states. Among the states in the path of totality are Oregon, Idaho, Wyoming, Montana, Nebraska, Iowa, Kansas, Missouri, Illinois, Kentucky, Tennessee, Georgia, North Carolina, and South Carolina.

Beltway Buzz, August 18, 2017

Ogletree Deakins • August 20, 2017
EEO-1 News . . . Maybe. Rumors are rampant that the White House’s Office of Management and Budget (OMB) may soon take action on the Equal Employment Opportunity Commission’s (EEOC) changes to its EEO-1 form, which will require employers to report employee compensation and hours worked information beginning in 2018. Employers have asked OMB to review or rescind the previously-approved changes to the EEO-1 form, and OMB has the power to do so pursuant to the Paperwork Reduction Act. What action OMB might take is unclear at this time. Also, given the way rumors circulate in D.C., readers are advised to take this information with a healthy dose of salt.

Can You Fire an Employee Involved in Racist Protests? Should You?

FordHarrison LLP • August 20, 2017
Following recent events in Charlottesville, Virginia involving a “Unite the Right” rally organized by multiple white nationalist groups protesting the removal of a statue of Robert E. Lee, which turned violent and ended in the tragic deaths of a counter-protestor and two police officers monitoring the situation, a large social media campaign has been undertaken in order to identify the protestors and encourage their employers to terminate their employment. Groups identified as having ties to the Unite the Right rally include members of the Ku Klux Klan, as well as other white supremacist and white nationalist groups, neo-Nazis, skinheads, and the “alt-right.”

Changes to Foreign Affairs Manual and Developments in the Adjudications of Nonimmigrant Visas Signal Increased Scrutiny of Visa Petitions

Littler Mendelson, P.C. • August 20, 2017
Recent actions by the U.S. Department of State (DOS) and Citizenship and Immigration Service (USCIS) indicate that employers seeking to hire foreign workers will likely face a more stringent visa approval process.

The Eclipse, Worker Safety and Triffids.

Fisher Phillips • August 20, 2017
Tomorrow is the much-awaited Eclipse and employers are beginning to worry that they may not have taken all appropriate steps to protect their employees. Shockingly, OSHA does not maintain a Workplace Eclipse Safety Standard. Accordingly, employers should analyze the hazards presented by an Eclipse as they would any other hazard at the workplace. Even if spiders, snakes and poison ivy are universal, employers nonetheless protect their employees from these hazards when present in the workplace.

Who Poked Whom First: Does a Friend Request or Social Media Invite Count as Solicitation?

Fisher Phillips • August 20, 2017
When Gregory Gelineau quit his job at an Illinois-based insurance company to work for a competitor, he sent LinkedIn invitations to a group of his former co-workers. In response, Gelineau’s former company sued him. The company, Bankers Life, alleged that Gelineau violated the non-solicitation provision in his employment agreement by recruiting or attempting to recruit several of his former co-workers.

Gig Economy Can Harness Power From Refugees And Immigrants

Fisher Phillips • August 20, 2017
As the U.S. unemployment continues to drop to pre-recession levels, the supply of motivated and qualified workers is tightening. Gig economy businesses competing for a shrinking supply of labor may want to consider turning to refugees and asylum seekers to fill their ranks. It turns out that giving gig platforms to resettled refugees and asylum seekers can boost profits and help companies adapt to a globalizing economy.

Second Circuit: Notice of Termination is an Adverse Action Even if Rescinded

Goldberg Segalla LLP • August 20, 2017
Last week, the U.S. Court of Appeals for the Second Circuit clarified its standard relating to rescinding terminations, and more specifically, how they interpret “adverse consequences.” The issue came before the court in a matter where an employee returned from her honeymoon, visibly pregnant, and was told that her position was going to be eliminated within a few weeks. Shortly thereafter, the employee retained an attorney and notified her employer of the same. Several days later, the employer rescinded her termination and reinstated her position. When analyzing rescinding termination claims under Title VII, the standard is to determine if the reinstatement had any lasting “adverse consequences.” Various circuit courts and lower courts have historically considered whether the employee was restored to the same salary, benefits, and title when reinstated in order to determine if there were adverse consequences to the employee. If the same material conditions were reinstated, courts would not recognize adverse consequences. Here, the employee did not claim any difference in salary, title, or benefits and therefore, the lower court ruled that the employee incurred no adverse consequences.