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Seventh Circuit Issues New Standard on Class Notice to Employees who Signed Arbitration Agreements

Jackson Lewis P.C. • January 27, 2020
The U.S. Court of Appeals for the Seventh Circuit, in a case of first impression, has developed a required framework for a district court to evaluate when a plaintiff asks the Court to authorize notice to putative class members who have entered into arbitration agreements with their employer.

Trump Administration Seeks to Crack Down on “Birth Tourism”

Jackson Lewis P.C. • January 27, 2020
The Trump Administration is turning its attention to birth tourism again. President Trump was reportedly considering trying to end the practice with an executive order or by way of a constitutional challenge. But accomplishing the goal through regulation has been on the Department of State’s (DOS) agenda. DOS published a final rule on January 24, 2020 that clarifies that an individual cannot obtain a B visa in order to enter the United States to give birth to a child who will automatically obtain U.S. citizenship.

A 2019 ADA decision regarding Ebola may become relevant because of the new coronavirus.

Ogletree Deakins • January 27, 2020
Although the Americans with Disabilities Act (ADA) protects qualified individuals who may be perceived as having a disability, that Act does not protect individuals who may be perceived as possibly becoming disabled in the future. EEOC v. STME, LLC, 11th Cir., No. 18-11121, 9/12/19.

Cal/OSHA Standards Board Approves Employee IIPP Access Rule

Jackson Lewis P.C. • January 27, 2020
As previously addressed by the OSHA Law Blog, California’s Occupational Safety and Health Standards Board (“Standards Board”) considered a proposed standard that would allow employee access to their employer’s Injury and Illness Prevention Plan (“IIPP”). During its January 16th, 2020 meeting the Standards Board approved the proposed rule, which is now expected to take affect on January 1, 2021.

New York Releases FAQs on Statewide Salary History Ban

Littler Mendelson, P.C. • January 27, 2020
Changes to New York state law that prohibit employer inquiries into the salary history of applicants and employees took effect on January 6, 2020. Recently, the New York Department of Labor released a series of Frequently Asked Questions (FAQs) to further clarify this law. The FAQs provide insight on which employers and workers are covered, employers’ responsibilities under the law, and how employees or applicants can address potential violations.

New Mexico Supreme Court Holds Tribal Casino Immune from Workers’ Compensation Claims

Littler Mendelson, P.C. • January 27, 2020
On January 16, 2020, the New Mexico Supreme Court issued its decision in Mendoza v. Isleta Resort and Casino, holding that a tribe does not waive its sovereign immunity to workers’ compensation claims merely by committing in a tribal gaming compact1 to establish a workers’ compensation program. Tribal employers that negotiate gaming compacts will find this case of interest.
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