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Jackson Lewis Class Action Trends Report Fall 2018

Jackson Lewis P.C. • December 16, 2018
Below is a link to the latest issue of the Jackson Lewis Class Action Trends Report. This report is published on a quarterly basis by our firm’s class action practice group in conjunction with Wolters Kluwer. We hope you will find this issue to be informative and insightful. Using our considerable experience in defending hundreds of class actions over the last few years alone, we have generated another comprehensive, informative and timely piece with practice insights and tactical tips to consider concerning employment law class actions. We hope you enjoy!

Top Five Labor Law Developments for November 2018

Jackson Lewis P.C. • December 16, 2018
National Labor Relations Board (NLRB) Chairman John Ring has announced that revisions to the Board’s election rules are a “long-term” action item. This may indicate the revisions to the Obama-era election rules (in effect since April 2015) are less of a priority for the upcoming year than other Board initiatives.

Social Security Administration ‘No Match’ Letters to Employers Make Another Comeback

Jackson Lewis P.C. • December 16, 2018
Social Security Administration (SSA) has begun notifying employers that the information reported on an individual employee’s W-2 form does not match the SSA’s records with “Request for Employer Information” letters, known as “No-Match” letters.

Employer Successfully Defends Rounding Policy by Showing It Did Not Disfavor Employees

Jackson Lewis P.C. • December 16, 2018
A California appellate court held an employer’s use of a rounding policy for its non-exempt employees complied with California law because it did not disfavor employees. (Donohue v. AMN Services, LLC (Dec. 10, 2018) Case No. D071865.)

Ban the Box Legislation Gains Steam

Goldberg Segalla LLP • December 16, 2018
The Westchester County Board of Legislation recently passed legislation banning the box — that is, removing the checkable criminal record box from employment applications. The law, which is expected to be signed by the Westchester County Executive and go into effect 90 days later, would prohibit inquiries about an applicant’s criminal conviction or arrest record on employment applications. Several states, counties, and cities across the nation have enacted Ban the Box legislation, and the trend is expected to continue to rise.

Whistling Past the Graveyard – The Perils of Rounding Policies

Carothers DiSante & Freudenberger LLP • December 16, 2018
For decades, American employers have used the legally endorsed policy of rounding employees’ time to the nearest quarter hour. This has always been permissible, provided the policy was neutral in effect, meaning that on balance employees were not underpaid as a result. Back in the days not so long ago when payroll was calculated by scribes in green visors and sharp pencils, rounding made perfect sense, as trying to pay to the minute when someone on a 9:00 am – 5:00 pm shift clocks in a 8:57 am (so as not to violate the punctuality policy) and doesn’t leave their work station until 5:00 (again to not violate policy) and clocks out at 5:05, would have been far more cumbersome. So rounding to the nearest quarter hour was permitted, provided “it all comes out even in the wash” so as not to deprive employees, on balance, of time worked.
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