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How HR Challenges Will Change and Evolve in 2019

XpertHR • September 18, 2018
With the new year just a few short months away, employers will inevitably face new and emerging HR challenges and obstacles in complying with federal, state and local laws, maintaining workplace policies and managing workers.

DOL Readies Grants for Workers Dislocated by Hurricane Florence

XpertHR • September 18, 2018
The US Department of Labor (DOL) is ready to provide funding to counties in North Carolina and South Carolina to help any workers who lost their jobs as a result of Hurricane Florence.

Settling Plaintiff May Still Have Standing And Adequacy To Pursue Class Action and PAGA Claims

Jackson Lewis P.C. • September 18, 2018
A California federal judge recently certified a class of at least 843 Cinemark workers who allege Cinemark, a movie theater chain, failed to properly list overtime rates on employee wage statements, notwithstanding the fact that the purported class representative, Silken Brown, had settled her individual claim during the pending litigation. In opposing class certification, Cinemark raised challenges to Brown’s typicality as to the class and adequacy to represent the class as a result of Brown’s individual settlement.

Out With the Old: Be Sure to Use the "New" FMLA Forms

Goldberg Segalla LLP • September 18, 2018
The U.S. Department of Labor (DOL) announced its release of "new" model Family and Medical Leave Act (FMLA) notice and certification forms (available on the DOL website).

Six New DOL Opinion Letters Attempt to Clarify Federal Labor Laws

Goldberg Segalla LLP • September 18, 2018
The U.S. Department of Labor (DOL) announced that it issued six new opinion letters. DOL opinion letters are designed to provide clarity to federal labor laws. The six new DOL opinion letters interpret issues under the Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA).

PODCAST: Going Global? Top 5 Labor and Employment Concerns for Multinational Businesses

Ogletree Deakins • September 18, 2018
In this episode, Diana Nehro, a shareholder in Ogletree Deakins’ International Practice Group, covers five of the most significant labor and employment concerns for multinational companies. Tune in for a discussion about managing the absence of at-will employment outside the U.S., cross-border investigations, globalizing policies, cost-effectively managing mobility assignments, and creating consistent global sales incentive plans.

OFCCP’s Proposed Directive Encourages Contractors to Consider FAAPs as an Alternative to Establishment-Based AAPs

Ogletree Deakins • September 18, 2018
On September 11, 2018, the Office of Federal Contract Compliance Programs (OFCCP) published a notice in the Federal Register and a draft of a revised directive to “establish policies and procedures for requesting and maintaining FAAP Agreements.” The revised directive and notice suggest that OFCCP is seeking to increase functional affirmative action program (FAAP) participation. In fact, OFCCP has stated that FAAPs may offer a solution for today’s workforce and “encourages all contractors who need to develop an affirmative action program (AAP) to consider using a FAAP.” But contractors may want to carefully consider whether a FAAP agreement with OFCCP is right for them.

eLABORate: Employer Deadline Approaching to Update FCRA Form

Phelps Dunbar LLP • September 18, 2018
Earlier this year, Congress passed the Economic Growth, Regulatory Relief, and Consumer Protection Act, which, in part, provides consumers the right to obtain from consumer reporting agencies security freezes free of charge. A security freeze is designed to protect victims of identity theft. Such a freeze generally stops all access to a consumer’s credit report.

New Jersey Paid Sick Leave Law -- Proposed Regulations Issued

Ogletree Deakins • September 18, 2018
The New Jersey Department of Labor and Workforce Development (NJDOL) recently issued proposed regulations to implement the New Jersey paid sick leave law (PSLL), which goes into effect on October 29, 2018. The proposed regulations address many questions New Jersey employers have about the new law, but other areas of uncertainty remain.

Illinois Employers Face New Expense Reimbursement Requirements

Ogletree Deakins • September 18, 2018
On August 26, 2018, Illinois amended the Wage Payment and Collection Act (IWPCA) to include the requirement that employers reimburse employees for all expenses within the scope of their employment that are “directly related to services performed for [their] employer[s].” Effective January 1, 2019, the new law (820 ILCS 115/9.5) requires the following:

More Buzz in Connecticut on Medical Marijuana in the Workplace

Ogletree Deakins • September 18, 2018
A Connecticut federal court judge provided further clarification for employers concerning Connecticut’s Palliative Use of Marijuana Act (PUMA). In its second decision in Noffsinger v. SSC Niantic Operating Company, LLC (Noffsinger II), the court further defined the contours of a PUMA discrimination claim, holding that federal law does not negate PUMA’s anti-discrimination protections and that certain damages are not recoverable under PUMA. This case is significant for employers because it explains the relationship between federal and Connecticut state laws concerning marijuana use and provides important guidance for employers that use drug testing in the workplace.

Tennessee Gives Employers Option to Allow Limited Carrying of Concealed Firearms at Work

Ogletree Deakins • September 18, 2018
Tennessee property owners, including employers, are generally authorized to prohibit the possession of weapons by any person at meetings conducted by an employer or on property owned, operated, managed, or under the control of an employer. Tennessee has adopted very specific requirements for how employers and other property owners must notify employees and visitors when they seek to prohibit firearms on their properties.
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