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Goal of Establishing Merit-Based Immigration System Undermined by Visa Hurdles

Jackson Lewis P.C. • September 17, 2019
The Trump Administration has indicated it wants to establish a merit-based immigration system focusing on bringing more high-skilled workers to the United States. According to one Administration official, the aim is to attract “individuals who provide a cure for cancer or build that first subdivision on Mars.” Yet, it is becoming harder to obtain visas for high-skilled workers, including individuals of “extraordinary ability” who are applying for green cards in the EB-1A category. These days, even the most “extraordinary” of cases are resulting in Requests for Evidence and denials.

The Practical NLRB Advisor – Issue 13, Summer 2019

Ogletree Deakins • September 17, 2019
NLRB Eases Path to Removing Union Via “Anticipatory Withdrawal”

Employers Gain Flexibility to Regulate Nonemployee Access to Property under the NLRA

Littler Mendelson, P.C. • September 17, 2019
On September 6, 2019, the National Labor Relations Board (NLRB or Board) issued its decision in Kroger Limited Partnership I Mid-Atlantic, 368 NLRB No. 64, and officially rejected the idea that employers that allow civic and charitable organizations to fundraise on their property must also allow nonemployee union agents to solicit on employer property in whatever manner they choose. In light of Kroger, employers may distinguish between those nonemployee activities they will and will not allow based on the nature of the activities.

Dear Littler: Do We Have to Provide the Kitchen Sink (Literally!) to Lactating Employees?

Littler Mendelson, P.C. • September 17, 2019
Dear Littler: A long-term San Francisco-based employee with our company is returning soon from maternity leave. In discussing her return date, she requested accommodations for expressing breast milk at work. After working with our human resources manager, we decided to install a lock on her office door so that she would have a private and convenient place to do so. The employee is not satisfied with this measure, however, and has requested a room with both a sink and a refrigerator for her private use. We have a kitchen on a nearby floor, but we aren’t sure if that is necessary or sufficient. Also, we have locations throughout the country, and similar questions keep coming up at our various regional offices. Do we really need to provide “the kitchen sink” to be in compliance with lactation accommodation laws? What are our duties?

Class Action Trends Report Summer 2019

Jackson Lewis P.C. • September 17, 2019
Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims.

Reminder: Employers With 100 Or More Employees Must Submit EEO-1 Component 2 Information By September 30!

Brody and Associates, LLC • September 17, 2019
The U.S. Equal Employment Opportunity Commission (“EEOC”) recently announced the 2019 EEO-1 Component 2 portal is open. If you are an employer with 100 or more employees, you are required to electronically file Component 2. Component 2 requires covered employers to provide compensation data on their workforce, including the number of employees and the hours worked segregated by gender, race/ethnicity, job category, and salary. Data must be provided for calendar years 2017 and 2018.

Washington Employers Must Provide Break Time and Space for Employees to Express Breast Milk

Ogletree Deakins • September 17, 2019
As of July 28, 2019, Washington employers with 15 or more employees are required to provide reasonable break time for employees to express breast milk. (See House Bill 1930 and Revised Code of Washington 43.10.005.) Break time must be provided each time the employee needs to express breast milk, and must be provided for up to two years after the child’s birth. If the employer has space in its business or worksite, it must also provide a private location, other than a bathroom, for the employee to express milk; if no private space is available, the employer must work with the employee to find a convenient location and work schedule to accommodate her needs.

How Much Will AB 5 Really Change California Law?

Ogletree Deakins • September 17, 2019
The answer is not as much as you may think. Much of the recent media coverage of California’s Assembly Bill 5 (AB 5) suggests that the bill represents a sea change in California law with respect to the classification of independent contractors.

CCPA Amendments Updated, Finalized, and Moving on to Governor Newsom

Jackson Lewis P.C. • September 17, 2019
The California Consumer Privacy Act is almost here! The groundbreaking law takes effect January 1, 2020. Covered businesses and their service providers have already started preparing, as the CCPA continues to evolve since it was introduced. California’s legislative session ended on September 13th, with some final modifications to bills that would amend certain aspects of the CCPA. Unanimously approved in final form, they now move on to California Governor Gavin Newsom for consideration and final action on the CCPA.

California Legislative Update: Employment Bills That Passed the Legislature and Await Governor Approval

Carothers DiSante & Freudenberger LLP • September 17, 2019
Friday was the last day for California’s legislature to pass bills and present them to the Governor for signature or veto. The legislature passed a number of employment-related bills this session. A couple of these bills have already been signed into law, but most await approval or veto by Governor Newsom, which will occur between now and October 13, 2019. This post reviews the list of noteworthy, and largely unfavorable, bills that were passed.
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