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Updated Fair Credit Reporting Act Forms Target Identity Theft

XpertHR • September 23, 2018
Effective today, employers and background check companies should begin using two updated Fair Credit Reporting Act (FCRA) model forms, the Summary of Consumer Rights Under FCRA and the Summary of Consumer Rights Identity Theft forms. The Consumer Finance Protection Bureau (CFPB) had issued an interim final rule last week updating these notice requirements.

OFCCP Makes CSAL List Supplement Publicly Available

Jackson Lewis P.C. • September 23, 2018
Wondering whether your organization has been selected for an upcoming audit as part of OFCCP’s recent Corporate Scheduling Announcement Letter (CSAL) list supplement? Well, wonder no more. OFCCP has made publicly available its most recent CSAL supplement as well as the two previous CSAL lists (2017 and 2018).

Class Certification Denied in Physician Equal Pay Lawsuit Under a Blanket Compensation Plan

Jackson Lewis P.C. • September 23, 2018
An Illinois District Court recently denied certification of a class of female physicians claiming that their employer’s pay practices unlawfully discriminated against women in violation of Title VII, the Illinois Equal Pay Act, and the Illinois Civil Rights Act (Ahad v. Board of Trustees of Southern Illinois University).

OIG to OSHA “Improve Guidance for Fatality and Severe Injury Reporting”

Jackson Lewis P.C. • September 23, 2018
Three years after introducing new severe injury reporting requirements that require employers to report any work-related amputation, in-patient hospitalization, or loss of an eye to OSHA within 24 hours of the incident, and fatalities within 8 hours, the Office of the Inspection General (OIG) conducted an audit to determine if OSHA had effectively implemented these new requirements.

CFPB Issues New Background Check Summary of Rights Form With Imminent Effective Date

Ogletree Deakins • September 23, 2018
On September 12, 2018, the Consumer Financial Protection Bureau (CFPB) issued an interim final rule updating its A Summary of Your Rights Under the Fair Credit Reporting Act form, (“Summary of Rights”) which is required to be given by employers to applicants and employees at various points in the background check process. The effective date for the updated Summary of Rights is Friday, September 21, 2018.

OFCCP Issues National Interest Exemption for Certain Contractors Providing Hurricane Florence Relief

Ogletree Deakins • September 23, 2018
On September 17, 2018, the Office of Federal Contract Compliance Programs (OFCCP) issued a National Interest Exemption (NIE) for certain employers that assist in Hurricane Florence relief activities. Under the NIE, contracting agencies will use modified equal employment opportunity (EEO) clauses in contracts entered into specifically to provide Hurricane Florence relief. If an employer enters into a construction or supply and service government contract that is specifically related to Hurricane Florence relief and incorporates these modified EEO clauses, the employer will not be required to develop affirmative action programs as is generally required by Executive Order 11246, the Vietnam Era Veterans Readjustment Assistance Act (VEVRAA), and Section 503 of the Rehabilitation Act of 1973.

More Transparency and Communication Promises From OFCCP

Ogletree Deakins • September 23, 2018
The Office of Federal Contract Compliance Programs (OFCCP) issued two more directives on September 18, 2018, promising transparency and communication with contractors.

Immigration Policy Changes Leave Employers Wishing USCIS Took a Summer Vacation

Ogletree Deakins • September 23, 2018
There were no lazy days of summer to be had in 2018—at least not when it came to the introduction of new immigration policies by the Trump administration. The momentum with which it announced and implemented new policies over the course of July and August was dizzying, not only because there were so many changes but also because those changes were substantial. This article provides an overview of this summer’s most notable immigration policy changes and their likely impact on employers.

Beltway Buzz, September 21, 2018

Ogletree Deakins • September 23, 2018
Kavanaugh Update. The Buzz predicted that the confirmation hearings of Brett Kavanaugh would be all-consuming, but even we underestimated how contested his nomination would become. Regardless of the outcome, the political effects of this ordeal will reverberate for years to come. It may affect not just future Supreme Court nomination battles, but legislative efforts as well, not to mention political campaigns and elections. Moreover, the Buzz wonders if this is a watershed event that will further raise the stakes at the Supreme Court, making the Court itself more and more politicized. For example, in the future, will a party in power be tempted to “pack the court” with justices in order to flip its political balance? We hope not, but our outlook is grim.

National Labor Relations Board Turns Up The Heat On Negligent Unions

Fisher Phillips • September 23, 2018
Summer might be coming to a close, but labor unions continue to feel a rise in temperature. Unions can expect to face a change in how the National Labor Relations Board’s Regional Offices will handle duty of fair representation (DFR) charges brought by individual employees, and it doesn’t appear as if unions will be happy with the change.

The Freeze Is On: Employers Must Immediately Update Background Check Forms

Fisher Phillips • September 23, 2018
There is a little-known provision from a new federal law that will most likely impact your hiring practices and your standard hiring documents—and it kicks in today. As of September 21, all employers must update their background check forms to advise applicants and employees of the ability of a “national security freeze,” allowing them additional protections from identity theft. This change could require you to make an immediate change to your standard hiring methods: what do you need to do in order to comply?

Employers, Why Don't You Require That Employees Call Two Phone Numbers to Request FMLA Leave?

Franczek Radelet P.C • September 23, 2018
I conducted FMLA training this week for a client making fairly significant changes to the manner it administers FMLA leave. They not only are educating managers about their role and responsibilities under the FMLA, but empowering them to play a key role in reducing FMLA abuse.

What the Rise in Worksite Raids and I-9 Audits Means for the Construction Industry

Jackson Lewis P.C. • September 23, 2018
Immigration and Customs Enforcement (ICE) audits and worksite raids are surging across the country, and the construction industry is often the target.

Dear Littler: Do We Have to Accommodate A Religious Objection to the Flu Shot?

Littler Mendelson, P.C. • September 23, 2018
Dear Littler: I work in a health care setting in New Jersey. As flu season is approaching, we emailed all of our patient care employees (nurses, physical therapists, intake staff, etc.) to remind them that an immunization is required by our employer. The deadline is looming, but we have a nurse that is refusing to get the vaccine based on her supposed religious beliefs. We have exempted her for that reason in prior years—but the flu outbreak was so terrible last year, our employer does not want to allow religious exemptions. Do we need to accommodate her?

New FCRA Summary of Rights for Background and Credit Checks

FordHarrison LLP • September 23, 2018
On September 12, 2018, the Consumer Financial Protection Bureau (CFPB), the federal agency which oversees the federal Fair Credit Reporting Act (FCRA) issued an interim final rule updating the agency’s model FCRA notice. The new form replaces the old form effective September 21, 2018.

CAFA Amount In Controversy Is Not Limited To Damages Incurred Prior To Removal And Includes Future Attorneys’ Fees Recoverable By Statute Or Contract

Jackson Lewis P.C. • September 23, 2018
In Fritsch v. Swift Transp. Co. of Ariz., LLC, No. 18-55746 (Aug. 18, 2018), the Ninth Circuit clarified, in a unanimous published decision, that, where a party may recover its attorney’s fees by statute or contract, the Court must include future fees as well as those already incurred in assessing whether a case meets the amount-in-controversy threshold under the Class Action Fairness Act (“CAFA”).

Governor Signs Legislation to Provide Post-Augustus Rest Period Relief to Unionized Petroleum Facility Employees

Fisher Phillips • September 23, 2018
On September 20, Governor Brown signed AB 2605, which provides that petroleum facility employees in safety-sensitive positions and are covered by a valid collective bargaining agreement are exempt from the requirement that employees be relieved of all duty during rest periods. The bill contained an urgency clause, which means it went into effect immediately upon signing.

New Jersey Department of Labor Releases Proposed Paid Sick Leave Regulations

Jackson Lewis P.C. • September 23, 2018
Proposed regulations on the New Jersey Paid Sick Leave Act (NJPSLA) were released by the New Jersey Department of Labor and Workforce Development (NJDOL) on September 18, 2018. The NJPSLA will go into effect on October 29, 2018. The proposed Regulations address some questions created by the Act, but leave others unanswered.

New York City Law Requiring Employers to Engage in a "Cooperative Dialogue" for Accommodation Requests Takes Effect October 15, 2018

Littler Mendelson, P.C. • September 23, 2018
In the past year, both New York State and New York City have been active in amending their human rights laws. Most notably, both the city and state passed comprehensive anti-sexual harassment laws that require most employers to distribute anti-sexual harassment policies and to conduct annual anti-sexual harassment training of all employees. While these harassment laws have attracted much attention, the New York City Council passed a bill on December 19, 2017 that has flown under the radar even though it will have profound consequences for employers that operate in New York City.
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