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What Am I Doing Wrong?? Common FMLA Mistakes (January 17, 2019)

Jackson Lewis P.C. • January 17, 2019
“What did I do wrong?” and “Am I doing this correctly” are frequent questions from clients regarding FMLA administration. Up until now, the most common mistakes were addressed in this blog. Now that we have hit the twentieth post in this series, we are going to dig a bit deeper into the FMLA regulations to address discrete mis-steps that can result in legal liability.

8 Secrets to Preparing a Successful Job Description

XpertHR • January 17, 2019
Developing and maintaining clear, concise and informative job descriptions is a significant part of the recruiting and hiring process.

Top 10 Employer Resolutions for 2019

XpertHR • January 17, 2019
Now that 2019 is underway, many of your employees may be making resolutions to improve their lives in various ways, but resolutions are something that employers (and HR professionals in particular) should also be contemplating.

Share 2018 EEO-1 Filing Process Likely to Be Delayed Due to Government Shutdown

Ogletree Deakins • January 17, 2019
The Equal Employment Opportunity Commission (EEOC) is one of the federal agencies affected by the ongoing partial federal government shutdown. In addition to investigating and processing charges of discrimination, the EEOC also administers the annual EEO-1 filing process through the EEO-1 Joint Reporting Committee. Based on calls to the EEO-1 Joint Reporting Committee helpline, it seems the EEOC had planned to open the 2018 EEO-1 filing website during the second or third week of January 2019, with a planned filing deadline of March 31, 2019. More recent information suggests that the EEOC plans to open the EEO-1 filing website at the end of January 2019, but that is dependent on when the partial shutdown ends.

Working for the Weekend: Denial of Pay Premium Due to FMLA-Related Absences Does Not Violate the FMLA

Ogletree Deakins • January 17, 2019
On January 8, 2019, the U.S. District Court for the Eastern District of Arkansas issued an opinion and order granting summary judgment to an employer, finding the employer did not violate the Family and Medical Leave Act (FMLA) by discontinuing an employee’s shift differential due to absences necessitated by FMLA leave. Flowers v. McCartney, No. 4:17CV00604.

PODCAST: Third Thursdays with Ruthie: Talking With Employees About Unions

Ogletree Deakins • January 17, 2019
While employers would universally agree that communication with their employees is essential, opinions vary on whether it makes sense to proactively talk to employees about unions and union representation. In the first Third Thursdays podcast, Ruthie Goodboe will share her thoughts on this important topic.

End of the Road: SCOTUS Ruling Means Many Transportation Workers Are Now Exempt From Arbitration

Fisher Phillips • January 17, 2019
In a unanimous 8-0 decision, the Supreme Court ruled today that federal courts can’t force interstate transportation workers—including contractors—into arbitration, ruling that the Federal Arbitration Act’s Section 1 exemption for these workers is a threshold question for the court to resolve, not the arbitrator. Perhaps more importantly, the Court also applied the Section 1 “contract of employment” exemption from the FAA to include not only interstate transportation workers with employment agreements, but also to those interstate transportation workers with independent contractor agreements (New Prime Inc. v. Oliveira).

Supreme Court: Interstate Transport Companies’ Independent Contractor-Drivers are Exempt from FAA

Jackson Lewis P.C. • January 17, 2019
In New Prime, Inc. v. Oliveira, the U.S. Supreme Court held that the Federal Arbitration Act’s (FAA) Section 1 exemption applies to transportation workers, regardless of whether they are classified as independent contractors or employees. No. 17-340 (Jan. 15, 2019).

Federal Government Shutdown Effect on Employers

FordHarrison LLP • January 17, 2019
The U.S. Antideficiency Act calls for a partial government shutdown when Congress fails to appropriate annual funds to agencies. As Congress and President Trump cannot agree on appropriations spending, the U.S. government is in the midst of the longest shutdown in U.S. history, which began as of 12:01 on Saturday, December 29, 2018.

What Can Employers Expect in 2019?

FordHarrison LLP • January 17, 2019
Despite the current U.S. government shutdown, many aspects of the federal government continue to operate, including the federal court system. This Alert highlights some of the legal, legislative and administrative developments that may impact employers in 2019.

New Year, New Laws: Further Guidance on Complying With New York’s Anti–Sexual Harassment Laws

Ogletree Deakins • January 17, 2019
As we previously reported here, here, here, and here, New York State and New York City passed sweeping laws aimed at combating sexual harassment in the workplace last year. While many requirements of these laws already went into effect in 2018, the annual anti–sexual harassment training requirement under the Stop Sexual Harassment in New York City Act goes into effect on April 1, 2019. The New York City Commission on Human Rights has published a page of answers to frequently asked questions (FAQs) to provide some clarity about the law and the new training requirements. Below are some highlights from this guidance and discussion of other aspects of the New York City law and the New York State law.

New York Passes Bill Prohibiting Discrimination Based on Gender Identity or Expression

XpertHR • January 17, 2019
New York's legislature has passed a bill that would prohibit discrimination based on gender identity or expression and also categorize criminal offenses involving gender identity or expression as hate crimes subject to enhanced penalties.

New York Bans Transgender Discrimination

Fisher Phillips • January 17, 2019
The New Year has brought long-awaited and historic change to the legal rights of the LBGTQ community in the Empire State. On January 15, the State Assembly and State Senate voted to pass the Gender Expression Non-Discrimination Act (GENDA). The statute, which had languished in the New York State legislature for the past 16 years, will protect transgender individuals from discrimination. Governor Andrew Cuomo applauded the legislation and has pledged to sign GENDA into law.

We Have to Provide California Anti-Harassment Training Again?

Littler Mendelson, P.C. • January 17, 2019
Effective January 1, 2019, California SB 1343 greatly expanded Golden State employers' anti-harassment training requirements. The law not only extends coverage to employers with more than five employees, but it also mandates that employers provide anti-harassment training to all employees – not just supervisors – every two years. But what if an employer provided this training in 2018? Can the next training cycle wait until 2020? No, according to recent guidance from the California Department of Fair Employment and Housing (DFEH). In this podcast, Marissa Dragoo from the Littler Learning Group discusses potential SB 1343 compliance challenges with Littler Workplace Policy Institute members Bruce Sarchet and Corinn Jackson.

Time to Reset Your Anti-Harassment Training Schedule for Supervisory Employees in California

Littler Mendelson, P.C. • January 17, 2019
As California employers lay out their plans for compliance training in the coming year, the California Department of Fair Employment and Housing (DFEH) has clarified how to handle training supervisory employees who may have received AB 1825-compliant training sometime in 2018. The DFEH has taken the position that both supervisory and nonsupervisory employees who received sexual harassment prevention training in 2018 should receive it again in 2019.
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