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OFCCP Submits Proposed Regulation Requiring Issuance of Pre-Determination Notices

Jackson Lewis P.C. • November 17, 2019
In a welcome turn for federal contractors, OFCCP last week submitted a proposed regulation to codify Directive 2018-01 – Use of Predetermination Notices (PDN). The regulation would require OFCCP to issue a Predetermination Notice (PDN) in every audit summarizing the Agency’s preliminary “discrimination” findings before issuing a Notice of Violation (NOV).

Beltway Buzz, November 15, 2019

Ogletree Deakins • November 17, 2019
DACA at SCOTUS. On November 12, 2019, the Supreme Court of the United States heard oral argument in a series of cases challenging President Donald Trump’s termination of the Deferred Action for Childhood Arrivals (DACA) program in September 2017.

FMLA Retaliation Case Illustrates the Practical Significance of Effective HR Documentation

Ogletree Deakins • November 17, 2019
In Simpson v. Temple University, et al., the U.S. District Court for the Eastern District of Pennsylvania granted summary judgment to the defendants on the plaintiff’s claims of interference and retaliation under the Family and Medical Leave Act (FMLA). The decision illustrates the practical significance of documenting performance issues and termination decisions as soon as possible. Such a practice can help employers reduce the risk of liability for retaliation under the FMLA.

Top Five Labor Law Developments for October 2019

Jackson Lewis P.C. • November 17, 2019
he National Labor Relations Board (NLRB) has clarified its standard for evaluating the legality of employers’ facially neutral policies, rules, or handbook provisions.

Oregon Court of Appeals Requires Employers to Pay Wages for Hourly Employees’ Failure to Take Full 30-Minute Meal Periods

Ogletree Deakins • November 17, 2019
On November 14, 2019, the Oregon Court of Appeals in Maza v. Waterford Operations, LLC, 300 Or. App. 471 (2019), addressed the question of whether an employer can be found strictly liable under Oregon Administrative Rules (OAR) 839-020-0050(2) when an hourly employee takes less than the entire duty-free, 30-minute lunch break to which the employee is otherwise entitled, regardless of the circumstances.

New York State Prohibits Discrimination Based on Reproductive Health Decisions

XpertHR • November 17, 2019
New York has enacted a law that prohibits employers from discriminating against an employee based on the employee's or the employee's dependent's reproductive health choices. The bill became effective immediately upon signing November 8.

New York State Bans Discrimination Based on Reproductive Health Decision Making

Littler Mendelson, P.C. • November 17, 2019
As of November 8, 2019, New York State prohibits employment discrimination based on an employee’s or a dependent’s “reproductive health decision making.” The New York State Legislature passed the bill in January 2019, and Governor Cuomo signed it into law this month. This move comes less than one year after the New York City Council added “sexual and other reproductive health decisions” to the list of protected categories under the New York City Human Rights Law. This statewide measure is likely a response to the federal government’s efforts to increasingly regulate this area.
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