join our network! affiliate login  
Custom Search
Daily and Weekly Editions • Articles • Alerts • Expert Advice • Learn More

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

The mountain that is Specialty Healthcare: Volkswagen case typifies employers’ steep climb in NLRB unit determination cases

Franczek Radelet P.C • November 24, 2015
In its 2011 Specialty Healthcare decision, the National Labor Relations Board revised the test it applies in determining whether a union’s petitioned-for unit is appropriate. In Specialty Healthcare, the NLRB explained that where a union’s petitioned-for unit is readily identifiable as a group and shares a community of interest (common terms and conditions of employment), an employer who seeks a larger unit must demonstrate an “overwhelming” community of interest between the included and excluded employees. As we have reported in the April 2013 FR Alert and July 2014 FR Alert, employers have struggled to meet the “overwhelming” community of interest standard.

Looking Backward and Forward: A Review of Key EEOC Developments, Successes and Failures in FY 2015 and What to Watch For in FY 2016

Littler Mendelson, P.C. • November 24, 2015
On November 19, 2015, the Equal Employment Opportunity Commission (EEOC) issued its annual Performance and Accountability Report (PAR), which highlights key EEOC developments over the past fiscal year, ending September 30, 2015. This Insight provides a preliminary review of selected statistics highlighted in the PAR and discusses the EEOC’s successes and failures during the past fiscal year, particularly focusing on the EEOC’s “national priorities” discussed in its Strategic Enforcement Plan.

HR Intel – Be Thankful if You’re Not a Joint Employer and More…

XpertHR • November 24, 2015
The NLRB’s joint employer ruling is still hanging over employers’ heads, but at least one employer can be thankful entering this holiday season. A Missouri Appeals Court held that AutoZone could not be held liable for alleged harassment and retaliation at a store owned by one of its subsidiaries, “AutoZoners.”

The Department of Homeland Security offers important guidance relevant to foreign national job portability

Franczek Radelet P.C • November 24, 2015
On November 20, 2015, the Department of Homeland Security ("DHS") issued a significant draft policy memorandum ("PM") containing proposed guidance on the definition of "same or similar" under INA Section 204(j), which is relevant to the job mobility of foreign workers sponsored for legal permanent residency by a U.S. employer. This PM is open for public comment until January 4, 2016.

Business Immigration Zone (BIZ): Is There a Doctor in the House?

Phelps Dunbar LLP • November 24, 2015
Healthcare providers should consider using the Conrad State 30 Program to recruit foreign physicians who can provide care in high-need areas.

Are Your Employees Saving for Retirement? The Conversation You Should be Having

Berchem, Moses & Devlin, P.C. • November 24, 2015
As an employer, you’ve worked hard to put together an attractive benefits package – vacation, insurance, retirement benefits, and maybe even some unusual perks. But many benefits go unutilized or underutilized, and retirement benefits requiring employee involvement are no exception. As defined benefit plans – pension plans that provide a set amount of income in retirement – are on life support due to economic factors, most private employers have turned to defined contribution plans (such as 401(k) plans) as an alternative, and many public employers are following suit.

Final Rules on Overtime, Crystalline Silica, and Persuader Agreements are Expected in the First Half of 2016

Littler Mendelson, P.C. • November 23, 2015
On Friday, federal agencies released their Fall 2015 Regulatory Plans and Unified Agendas. These semiannual reports detail all agency rulemaking efforts at their various stages of development and implementation. The regulatory plan, published along with the fall edition of the agenda, identifies agency priorities and provides information about the significant rulemaking actions the agencies expect to take in the year ahead.

EEOC Announces FY 2015 Performance Results, Touts Increase in Litigation and Systemic Successes

Jackson Lewis P.C. • November 23, 2015
The Equal Employment Opportunity Commission’s recently released Performance and Accountability Report (“PAR”) for Fiscal Year 2015 shows the EEOC recovered more than a half billion dollars through litigation and other enforcement activities this past fiscal year, a significant increase over FY 2014.

Black Friday: One Retailer’s Radical Approach Has Employees Giving Thanks

XpertHR • November 23, 2015
For most retail employees, the days of relishing in the Thanksgiving turkey hangover are long gone as Black Friday has become one of the biggest shopping days of the year. So instead, employees are forced out of their turkey coma to open store doors as early as 5 a.m. in some instances while others must work on the holiday itself. However, one retailer made headlines in October when it announced that not only will it not be open on Thanksgiving but that it will also opt out of the Black Friday craze and keep all of its stores closed on that day.

OSHA Anticipates Issuing Several New Final Rules in Early 2016

Jackson Lewis P.C. • November 23, 2015
On November 20, 2015 the fall semiannual regulatory agenda for federal agencies was published. This Regulatory Agenda provides a complete list of all regulatory actions that are under active consideration for promulgation, proposal, or review and covers regulatory actions for over 60 federal departments, agencies, and commissions.