join our network! affiliate login  
Custom Search
Daily and Weekly Editions • Articles • Alerts • Expert Advice • Learn More

More Transparency at the OFCCP: New Protocol to Standardize Use of Predetermination Notices

Ogletree Deakins • March 18, 2018
In a move toward greater transparency, the Office of Federal Contract Compliance Programs (OFCCP) recently issued Directive 2018-01 affecting the use of predetermination notices (PDNs) in discrimination cases. OFCCP uses PDN letters to inform contractors of preliminary findings of employment discrimination. PDNs give “contractors 15 additional calendar days to rebut OFCCP’s proposed findings that sufficient evidence exists of discrimination.”

A Uniform Standard of Review in ERISA Benefit Denial Cases: The Fifth Circuit Overrules Itself to Fall in Line with Other Courts

Littler Mendelson, P.C. • March 18, 2018
With its en banc decision in Ariana v. Humana Health Plan of Texas,1 the Fifth Circuit reconsidered the standard of review in an ERISA denial of benefits case.

USDOL Self-Report PAID Program: Benefits TBD

Fisher Phillips • March 18, 2018
Last week the U.S. Department of Labor (USDOL) announced its Payroll Audit Independent Determination (PAID) pilot program to mixed reactions. The PAID program is meant to provide a framework for employers to proactively resolve potential federal Fair Labor Standards Act (FLSA) claims. In a nutshell, an employer will be able to self-report potential violations to USDOL and attempt to resolve the issues efficiently and under the agency's "supervision," as outlined on its website.

Washington Becomes 11th State to "Ban the Box" for Private Employers

XpertHR • March 18, 2018
Washington has become the 11th state with a "ban the box" law affecting private employers after Governor Jay Inslee signed the Fair Chance Act. Effective June 6, 2018, Washington employers may not ask about arrests or convictions - or receive information through a criminal background check - before a job applicant is deemed otherwise qualified for a position.

Massachusetts Attorney General Issues Guidance on New Equal Pay Law

Ogletree Deakins • March 18, 2018
On March 1, 2018, the Massachusetts Attorney General (AG) issued detailed guidance on the amendments to the Massachusetts Equal Pay Act (MEPA), which are set to go into effect on July 1, 2018. The amendments, which were enacted in 2016, will overhaul MEPA, a law that has been in effect for over 70 years, and make it one of the strictest pay equity laws in the nation. Structured primarily in a question-and-answer format, the new guidance answers many of the important questions employers have been asking since the enactment of the amendments. This article will highlight some of the most significant issues addressed in the new guidance.

Colorado Supreme Court Attempts to Clarify Statute of Limitations Applicable to State Law Wage Claims

Ogletree Deakins • March 18, 2018
On March 5, 2018, the Colorado Supreme Court addressed a longstanding question regarding the statute of limitations applicable to claims brought under the Colorado Wage Claim Act (CWCA) by holding the Act’s statute of limitations reaches back only as far as three years preceding an employee’s termination of employment. The case, Hernandez v. Ray Domenico Farms, No. 17SA77, made its way to the supreme court when U.S. District Court Judge William Martinez sua sponte asked the supreme court to clarify two potentially conflicting sections in the CWCA: one establishing a statute of limitations for unpaid wage claims and another declaring all unpaid wages are due upon termination.
Our Members
Become A Member

Fisher Phillips | California | California Supreme Court Embraces Employee-Friendly Formula For Calculating OT Pay (March 05, 2018)

Fisher Phillips | California | FEHC Proposes Regulations to Implement California’s New “Ban the Box” and “New Parent Leave” Laws (March 04, 2018)

Fisher Phillips | California | Your Comprehensive Guide to 2018 Proposed California Legislation (February 28, 2018)

FordHarrison LLP | California | California Supreme Court's Recent Overtime Ruling Likely to Cause Payroll Problems (March 07, 2018)

Jackson Lewis P.C. | California | California Court of Appeals Holds Labor Code § 558 Claims Are Indivisible Claims and Not Arbitrable (February 28, 2018)

Jackson Lewis P.C. | California | Calculating Overtime Value of Flat-Sum Bonus Must Be Based on Actual Non-Overtime Hours Worked, California High Court Holds (March 11, 2018)

Jackson Lewis P.C. | California | Pending California Legislation Alert! Recently Introduced Bill Seeks to Protect Medicinal Marijuana Users from Employment Discrimination in California (February 27, 2018)

Fisher Phillips | California | The Plot Thickens: Trump Administration Sues California Over New Immigration Laws, Including AB 450 (March 09, 2018)

Jackson Lewis P.C. | California | California Transportation Industry Waives Goodbye to Enforcement of Federal Arbitration Act Provisions in Employment Contracts (March 07, 2018)

Jackson Lewis P.C. | New York | New Guidance for the New York Paid Family Leave Payroll Deduction (March 07, 2018)