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Trump Administration May Expand Proposal for Paid Maternity Leave to Fathers

Ogletree Deakins • February 21, 2017
During his campaign, President Trump proposed a plan to offer six weeks of paid maternity leave to mothers who give birth. The program would be funded through the unemployment compensation system. The Family and Medical Leave Act provides unpaid job protection, but it does not provide for paid leave. Earlier this week, President Trump and his daughter, Ivanka Trump, who has been a proponent of expanding paid maternity benefits programs, reportedly participated in a roundtable discussion with Canadian Prime Minister Justin Trudeau regarding women in the workforce.

Third Circuit Upholds Subgroup Disparate Impact Claims Under the ADEA

Ogletree Deakins • February 21, 2017
The Third Circuit Court of Appeals recently created a circuit split when it disagreed with prior decisions from the Second, Sixth, and Eighth Circuits regarding the Age Discrimination in Employment Act of 1967 (ADEA). In Karlo v. Pittsburgh Glass Works, LLC, No. 15-3435 (January 10, 2017), the Third Circuit held that “subgroup” disparate impact claims are cognizable under the ADEA.

Fifth Circuit Denies Punitive and Compensatory Damages for ADEA Retaliation Claims, Creates Circuit Split

Ogletree Deakins • February 21, 2017
The U.S. Court of Appeals for the Fifth Circuit, which covers Texas, Louisiana, and Mississippi, recently found that punitive and compensatory damages are not available for retaliation claims brought under the federal Age Discrimination in Employment Act of 1967 (ADEA).

Incoming! Incoming! OFCCP Issues Corporate Scheduling Announcement Letters

Ogletree Deakins • February 21, 2017
On February 17, 2017, the Office of Federal Contract Compliance Programs (OFCCP) mailed Corporate Scheduling Announcement Letters (CSAL) to federal contractors and subcontractors. The purpose of these letters is to give service and supply contractors advance notice that their company may be selected for an OFCCP compliance review.

Think Before You Call: Contacting Employees On FMLA Leave

Jackson Lewis P.C. • February 21, 2017
How many employers have had this situation arise? An employee requests and receives FMLA leave. While they are out, the employee’s supervisor needs to locate a document, find out the status of a project the employee was working on, or a crucial question comes up that only the employee on leave can answer.

Fourth Circuit Decision Establishes New Six-Factor Test for Determining Joint Employment under the FLSA

Jackson Lewis P.C. • February 21, 2017
On January 25, 2017, the U.S. Court of Appeals for the Fourth Circuit established a new six-factor test to determine whether two or more entities are joint employers for purposes of the Fair Labor Standards Act (“FLSA”). Salinas v. Commercial Interiors Inc., No. 15-1915, ___ F.3d ___, 2017 WL 360542 (4th Cir. Jan. 25. 2017). The resulting standard is unique from other circuits and appears to expand joint employer liability under the FLSA.

The New Administration’s First 30 Days: Is Diversity Necessarily Under Siege in America?

Littler Mendelson, P.C. • February 21, 2017
Littler’s Cindy-Ann Thomas and Gene Ryu are joined by client-guest Enidio Magel to discuss the first days of the Trump administration. The three address the effects of the fiery and divisive debates that made their way into workplaces across the country during our most recent election season, and explore the arising diversity challenges.

Possible Changes to U.S. Business Immigration Law and Policy Under the New Administration

Littler Mendelson, P.C. • February 21, 2017
This article covers proposed legislation, sub-regulatory changes, and—from a practical standpoint—the process/timing for implementing changes under the new administration. Please note that while legislative immigration reform does take time to implement, sub-regulatory changes can be implemented immediately without a formal rule-making process. Moreover, existing regulations need only go through the Administrative Procedure Act (APA) rulemaking process to be modified or rescinded. To help clarify current law and polices from a corporate immigrant standpoint, below we have outlined the following:

Change on the Horizon for Decades-Old Home Health Agency Conditions of Participation

Jackson Lewis P.C. • February 21, 2017
The Centers for Medicare & Medicaid Services (CMS) has issued final regulations (CMS-3819-F) that will make substantial changes to the Medicare home health agency Conditions of Participation (CoPs). These sweeping changes take effect July 13, 2017, and represent the most comprehensive changes to the CoPs since 1989.

Labor Department Nominee’s Opinions as National Labor Relations Board Member

Jackson Lewis P.C. • February 21, 2017
R. Alexander Acosta, President Donald Trump’s nominee as the next Secretary of Labor, served on the National Labor Relations Board from December 17, 2002, to August 21, 2003. He was confirmed by the United States Senate on November 22, 2002, having been nominated by President George W. Bush. Acosta, a Republican, served with fellow Board members Wilma Liebman (Democrat), Peter Schaumber (Republican), Dennis Walsh (Democrat), and Chairman Robert Battista (Republican). During his term, Acosta participated in the issuance of more than 120 opinions.

New York State Industrial Board of Appeals Revokes Regulations on Methods of Wage Payments Set to Take Effect on March 7

Ogletree Deakins • February 21, 2017
On February 16, 2017, the New York State Industrial Board of Appeals (IBA) issued a Resolution of Decision invalidating and revoking the regulations regarding methods of payment of wages. The IBA decided that the regulations exceeded the Commissioner of Labor’s rulemaking authority by seeking to regulate and place restrictions on financial institutions and banking services. A copy of the decision can be found on the IBA’s Board Decisions page.

Legislative Update for Minnesota Employers: Paid Leave Bills Advance, Cell Phone Hands-Free Bill Introduced

Ogletree Deakins • February 21, 2017
Employers with employees in Minnesota—and in particular, those with employees in the cities of Minneapolis and/or St. Paul—may be interested in the status of several bills that have been introduced in the Minnesota Legislature addressing the issue of paid leaves of absence, including safe and sick leave.

California Employers Are Subject to New Requirements When Using Criminal History Information

Littler Mendelson, P.C. • February 21, 2017
In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964” (2012 Guidance). The 2012 Guidance does not prohibit employers from using criminal records, but outlines best practices that the EEOC advises employers to follow, including a recommendation that employers, among other things: (1) remove from employment applications the question that asks job applicants to self-disclose their criminal record; (2) not make an employment decision based solely on the fact of an arrest record; and (3) conduct an “individualized assessment” before rejecting an applicant or terminating an employee because of a conviction.
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