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OSHA Injury Tracking Application Up & Running

Jackson Lewis P.C. • October 22, 2017
On August 16th we reported that OSHA had suspended user access to its new Injury Tracking Application (“ITA”) that serves as the web portal for the submission of injury and illness information under OSHA’s “Improve Tracking of Workforce Injuries and Illnesses” rule. The suspension followed a warning by the Department of Homeland Security alerting OSHA to a possible security breach.

Travel Ban Update: Two U.S. District Courts Block President Trump’s Third Immigration Travel Ban

Ogletree Deakins • October 22, 2017
On October 19, 2017, the Internal Revenue Service (IRS) announced the cost-of-living adjustments impacting tax-qualified pension plans for 2018. The increase in the cost-of-living index met the statutory thresholds that triggered adjustments in some of the general pension limitations, including the limit on annual compensation and the individual limit on elective deferrals. However, the individual limit on catch-up contributions will not change for 2018.

Federal Court Finds Telephonic Access Could Be an Alternative to Website Accessibility

Ogletree Deakins • October 20, 2017
A federal district court in Los Angeles last week endorsed the possibility that a business may be able to avoid making a website accessible if it provides the same goods and services through telephonic customer service. The U.S. District Court for the Central District of California, in Gorecki v. Dave & Buster’s, Inc., No. 2:17-cv-01138-PSG-AGR (October 10, 2017), found that the U.S. Department of Justice (DOJ) had mentioned this alternative to website compliance in its 2010 Advanced Notice of Proposed Rulemaking. But the court denied Dave & Buster’s motion for summary judgment because it had not established beyond factual dispute that its website direction, which stated, “If You Are Using A Screen Reader and Are Having Problems Using This Website, Please Call (888) 300-1515 For Assistance.,” was itself accessible to screen reading software.

High Alert for California Employers and Employers Nationwide for the Second Wave of FCRA Class Actions

Littler Mendelson, P.C. • October 20, 2017
The flurry of Fair Credit Reporting Act (“FCRA”) class actions against employers started in or about 2012 and was not limited to California.1 Many of those lawsuits resulted in significant payouts for violations of one or more of the FCRA’s no-harm, hyper-technical requirements. The U.S. Supreme Court’s most recent opinion on Article III standing and “concrete injury-in-fact” (Spokeo) has helped employers slow down, but not stop, the FCRA juggernaut.2 Employers across the U.S., and particularly in California, should remain vigilant about their compliance with the FCRA and related state laws.3 The dozens of class action filings in California make the threat even more acute in the Golden State.4

New Law Governs Immigrant Worksite Enforcement Actions in California

Littler Mendelson, P.C. • October 20, 2017
On October 5, 2017, California Governor Jerry Brown signed into law Assembly Bill 450 (“AB 450”), imposing new requirements for public and private employers regarding immigration worksite enforcement actions by Immigration and Customs Enforcement (“ICE”).1 Generally, unless otherwise required by federal law, AB 450 prohibits employers from consenting to ICE access to worksites and employee records in certain circumstances; requires employers to provide specified notices to current employees and any authorized representative regarding ICE inspection of employment records; and expressly prohibits employers from re-verifying a current employee’s employment eligibility when not otherwise required by federal law. This new law takes effect on January 1, 2018.

How to Comply With California’s New Requirement to Provide Anti-Harassment Training on Gender Identity, Gender Expression, and Sexual Orientation

Ogletree Deakins • October 19, 2017
On October 15, 2017, Governor Brown signed Senate Bill 396, a new law that requires employers in California with 50 or more employees to provide training on policies that prohibit harassment based on gender identity, gender expression, and sexual orientation. This training is to be provided as a component of the already-required two-hour sexual harassment training provided to supervisory employees once every two years and within six months of an employee’s assumption of a supervisory position.
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