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NLRB Advice Memo: Lack of Coworker Support Does Not Render Pay Complaints Unprotected

Jackson Lewis P.C. • November 15, 2019
An employee’s complaints about his pay to coworkers was protected concerted activity under the National Labor Relations Act (NLRA), even though the employee was unsuccessful in enlisting any other employees to support his complaints, the Advice Division of the National Labor Relations Board’s (NLRB) Office of the General Counsel has decided.

DHS Extends Temporary Protected Status Designation for Six Countries

Ogletree Deakins • November 15, 2019
The Department of Homeland Security (DHS) has announced that it will automatically extend the validity of temporary protected status (TPS) documents and work authorization for qualified beneficiaries from El Salvador, Haiti, Nicaragua, Sudan, Honduras and Nepal.

Supreme Court Hears Oral Argument on Ending DACA

Ogletree Deakins • November 15, 2019
On November 12, 2019, the Supreme Court of the United States heard oral argument on the legality of the Department of Homeland Security’s (DHS) decision to terminate Deferred Action for Childhood Arrivals (DACA), an Obama-era program that provides work authorization and protection from deportation to young undocumented immigrants who were brought to the United States as children. The roughly 80-minute session focused on two primary questions: whether the Court had the authority to review DHS’s decision to end DACA and, if so, whether the decision was legal.

New Jersey Bill Creating Presumption of Employment for Independent Contractors Could Decimate the State's Gig Economy

FordHarrison LLP • November 15, 2019
Executive Summary: Recently, New Jersey took several steps to severely restrict the use of independent contractors or gig workers in the Garden state. The latest effort is Bill S4204, which creates a presumption of employment status for contractors.

Massachusetts Governor Announces Cybersecurity Program

Jackson Lewis P.C. • November 15, 2019
State and local governments have increasingly become targets of cybersecurity attacks. This year cybersecurity attacks on Baltimore and Lincoln County, North Carolina reportedly will cost those government entities $18.2 million and as much as $400,000, respectively to recover from the attacks. Last year, Atlanta spent more than $7 million to recover from a ransomware attack. A report by cybersecurity firm Coveware shows that governments paid almost 10 times as much money on average in ransom as their private-sector counterparts over the second quarter of 2019.

Disclosure of State Employees’ Birthdates Not Protected Per Washington Supreme Court

Jackson Lewis P.C. • November 13, 2019
The Washington State Supreme Court ruled recently that state employees’ birthdates associated with their names are not exempt from disclosure pursuant to a freedom of information records request. In so holding, the Court strictly construed the applicable statute that did not expressly exempt birthdates from disclosure. Wash. Pub. Emps. Assn. v. State Ctr for Childhood Deafness & Hearing Loss. Private and public entities across the country that respond to countless requests for information may want to rethink their approach.
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