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Labor Board Considers Joint Employer Standard Rulemaking

Jackson Lewis P.C. • May 23, 2018
The National Labor Relations Board has begun the process to consider rulemaking to establish a standard for determining joint employer status under the National Labor Relations Act, according to the Board’s filing in the Unified Agenda of Federal Regulatory and Deregulatory Actions.

Supreme Court Restricts Employee Class Actions in Pro-Arbitration Ruling

XpertHR • May 23, 2018
Companies may compel their employees to arbitrate workplace disputes individually rather than as part of a class action, the US Supreme Court has ruled. The Court's 5-4 decision in Epic Systems Corp. v. Lewis broke down along partisan lines and could affect an estimated 25 million employment contracts.

The Supreme Court’s decision in Epic Systems: Holdings and Hints on Chevron Deference

Ogletree Deakins • May 23, 2018
The decision this week of the Supreme Court of the United States in Epic Systems Corporation v. Lewis will likely prove important on issues other than the arbitration of labor disputes. An extended passage in the opinion (from page 19 through 21 of the slip opinion) is likely to alter the deference rule of Chevron and perhaps that of Auer as well. (Chevron deference pertains to statutes; Auer deference pertains to regulations.)

401(k) Fee Litigation: Coming to a District Court Near You...

Nexsen Pruet • May 23, 2018
Until recently, the Carolinas were relatively immune to litigation surrounding alleged excessiveness of 401(k) plan fees. But last month in the U.S. District Court for the Western District of North Carolina, employees of big-box retailer Lowe’s filed a complaint alleging that the company’s fiduciary decisions to replace certain investments funds with a “largely untested” and “underperforming” alternative caused the loss of millions of dollars in potential earnings for plan participants. While fiduciary actions are common during economic downturns, this matter – coupled with the development of relevant case law – suggests that allegations involving 401(k) plan costs and lost investment opportunities may become just as common during a boom.

If You Don’t Know What GDPR Stands For, It’s Time to Find Out . . . .

Ogletree Deakins • May 23, 2018
The European Union’s General Data Protection Regulations (GDPR) comes into effect in a few days, on May 25, 2018. Companies have been working to understand the significance of those new rules, and to determine their effect on US companies.

The Gigs Get Bigger: Recent Data Shows the On-Demand Economy is Growing Into New Areas

Fisher Phillips • May 23, 2018
When you last heard from me regarding the state of the gig economy, the discussion at the beginning of 2018 focused on the fact that small businesses were joining large corporations in embracing the on-demand model. Now, let’s shift focus from the “who” to the “where” and the “what.”

How a Multinational Employer Can Craft a Global Social Media Policy

Littler Mendelson, P.C. • May 23, 2018
ocial media is so powerful that some argue Russian manipulation of it changed the result of a U.S. presidential election. In the employment context, social media is not quite that powerful, but employment-context social media is pervasive, reaching interactions between employers and employees, interactions among co-workers, and staff interactions with the outside world.

U.S. DOL Announces Two-Year TRICARE Moratorium Extension

FordHarrison LLP • May 23, 2018
Executive Summary: On May 18, 2018, the U.S. Department of Labor (DOL) issued a press release announcing an Office of Federal Contract Compliance Programs (OFCCP) Directive that extends by two years the enforcement moratorium pertaining to the affirmative obligations of TRICARE providers. TRICARE is a health care program through the U.S. Department of Defense (DOD) that pays health care benefits to active duty and retired military service members and their families. The moratorium, which had previously been in effect for four years and was set to expire this month, will now expire on May 7, 2021. The OFCCP also expanded coverage under the moratorium to apply to Veterans Affairs Health Benefits Program providers, in addition to TRICARE providers.

Jury Enters Sexual Harassment Verdict in Favor of Plaintiff; Awards No Damages

Jackson Lewis P.C. • May 23, 2018
A jury in the Northern District of Georgia recently entered a verdict in favor of the plaintiff in a sexual harassment case, yet awarded her no damages.

Vermont Requires Gender-Neutral Bathrooms

XpertHR • May 23, 2018
A new Vermont law will result in more gender-free restrooms. Beginning July 1, 2018, single-user restrooms in public buildings or places of public accommodation must be available for use by persons of any gender.

Connecticut's New Pay Equity Bill Prohibits Questions Regarding Prospective Employees' Wage and Salary History

Littler Mendelson, P.C. • May 23, 2018
Connecticut Governor Dannel P. Malloy signed Public Act No. 18-8, “An Act Concerning Pay Equity,” into law on May 22, 2018, making Connecticut the sixth state to prohibit employers from asking applicants about salary history. California, Delaware, Massachusetts, Oregon and Vermont had previously adopted similar bans. The new Connecticut law will permit applicants to file lawsuits for damages and other remedies.
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