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9th Circuit Rules Reservist Must Arbitrate Employment Claim

XpertHR • October 26, 2016
The 9th Circuit Court of Appeals has ruled that the Uniformed Services Employment and Reemployment Rights Act (USERRA) does not prohibit a mandatory arbitration clause covering all employment discrimination claims. The finding in Ziober v. BLB Resources, Inc., is significant because the San Francisco-based federal appellate court has occasionally struck down mandatory arbitration provisions in other cases.

EEOC Targets Gig Economy, Workplace Discrimination in Strategic Enforcement Plan

XpertHR • October 26, 2016
The Equal Employment Opportunity Commission (EEOC) has approved an updated Strategic Enforcement Plan (SEP), setting its priorities for fiscal years 2017-2021. Although the Office of Management and Budget had previously authorized the EEOC to extend its current strategic plan through FY 2018, the EEOC updated its plan to prioritize issues related to the current gig economy and workplace discrimination as backlash for terrorist incidents across the nation and the globe.

Pay Equity: Law, Litigation, and the Gathering of Pay Data

Fisher Phillips • October 26, 2016
Pay equity issues are hot. President Obama has made pay equity one of the hallmarks of his administration by signing the Lilly Ledbetter Fair Pay Act, establishing the National Equal Pay Task Force, and championing the fight for all employees to receive equal pay for equal work, regardless of sex. States throughout the country have followed suit, enacting sweeping pay equity legislation in the past few years.

OSHA’s 2016 Top Ten Violations

Jackson Lewis P.C. • October 26, 2016
OSHA recently released its preliminary annual list of the top ten safety and health violations cited for fiscal year 2016. While not anticipated to change much, a more final list will be completed closer to the end of 2016.

Finding the “Implicit” Accommodation Request

Jackson Lewis P.C. • October 26, 2016
It is common gospel that when a qualified disabled employee requests accommodation under the Americans with Disabilities Act (“ADA”), both employer and employee must engage in an interactive dialogue to discuss the options.

OSHA Clarifies Limits on Post-Accident Drug Testing and Safety Incentive Programs

Ogletree Deakins • October 26, 2016
The Occupational Safety and Health Administration (OSHA) recently released a memorandum explaining “in more detail” two provisions added to the recordkeeping regulation: Section 1904.35(b)(1)(i) requiring “employers to have a reasonable procedure for employees to report work-related injuries and illnesses”; and Section 1904.35(b)(1)(iv) prohibiting retaliation for reporting work-related injuries and illnesses.

DHS Issues Final Rule: USCIS Filing Fees to Increase Effective December 23, 2016

Ogletree Deakins • October 26, 2016
On October 24, 2016, the Department of Homeland Security (DHS) issued a final rule increasing filing fees associated with a significant number of immigration applications. U.S. Citizenship and Immigration Services (USCIS) must recover its costs through fees and periodically adjust fees to increase its operating revenue. The DHS proposed rule of May 4, 2016 indicated that USCIS would face a possible $560 million budget shortfall without the current fee increases.

Ninth Circuit Rules that Arbitration of USERRA Claims is Permissible

Littler Mendelson, P.C. • October 26, 2016
In Ziober v. BLB Resources, Inc., 2016 U.S. App. LEXIS 18516 (9th Cir., Oct. 14, 2016), the United States Court of Appeals for the Ninth Circuit joined three other circuit courts in holding that the Uniformed Services Employment and Reemployment Rights Act (USERRA) does not prohibit the compelled arbitration of claims under the Act. The Ninth Circuit’s ruling helps solidify the right of employers to compel arbitration of USERRA claims under a valid arbitration agreement, particularly in light of this Circuit’s perceived hostility towards arbitration of employment-related claims. Ziober provides further support for the view that a properly drafted arbitration agreement provides employers with the ability to arbitrate USERRA claims and avoid litigation.

Election Day is Coming – What are Your Obligations as an Employer?

Jackson Lewis P.C. • October 26, 2016
With Election Day drawing near, and large voter turnout expected, employers should ensure they are aware of state law requirements related to providing employees with time off. While not all states impose requirements on employers, some impose time off obligations with the possibility of criminal or civil penalties for non-compliance.

On Eve of Implementation, Federal Court Presses Pause on Nearly Every Provision of Fair Pay and Safe Workplaces "Blacklisting" Executive Order

FordHarrison LLP • October 26, 2016
Executive Summary: On the day before the effective date of the Regulations and Guidance implementing the Fair Pay and Safe Workplaces Executive Order (collectively the “Rules”), a federal trial court in Texas has temporarily halted implementation of the “blacklisting” requirements and the prohibition of pre-dispute arbitration agreements for Title VII claims and torts based on sexual harassment or assault imposed on certain government contractors and subcontractors by the EO.

Non-Solicitation Agreement Enforced in Wisconsin

Jackson Lewis P.C. • October 27, 2016
There are so many stories about restrictive covenants being unenforceable in Wisconsin that it is refreshing to see a case where a restrictive covenant is enforced – especially at the preliminary injunction stage.

Labor and Employment Law Decisions in 2015-2016 from the Connecticut Supreme Court

Brody and Associates, LLC • October 25, 2016
The Connecticut Supreme Court term was again relatively quiet in the area of labor and employment, with only a few decisions that impact employers.

SB 1241: Forum Selection and Choice of Law Clauses The Long Arm of California Law Just Got Longer

Jackson Lewis P.C. • October 25, 2016
For employers with California employees, there seems to be no way to avoid California’s complicated and protective employment laws, and things just got a bit more complicated.
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