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It’s Time to be Thinking about your 2018 EEO-1 Reports

Jackson Lewis P.C. • December 14, 2017
Now that you’ve successfully filed your 2017 VETS-4212 reports, it’s time to focus on EEO-1 reporting. Most employers are not accustomed to focusing on EEO-1 reporting going into a new year, but following the filing reprieve in 2017, employers need to make sure they are prepared to file in 2018.

ALERT- Plaintiff’s Bar Currently Targeting Online Hiring Practices: What Your Company Needs to Know

Jackson Lewis P.C. • December 14, 2017
The latest target of the plaintiff’s overly-aggressive tactics—a company’s use of recruitment ads in hiring employees. All industries and all forms of advertising are potentially coming under attack, including social media platforms and websites dedicated to employee recruiting. Specifically, the plaintiff’s bar has repeatedly targeted certain advertisements on social media sites that encourage individuals to apply for jobs at their company, using information obtained from user profiles.

Hold On! — Democratic Senators Challenge New Labor Board GC’s Plans

Jackson Lewis P.C. • December 14, 2017
Senator Patty Murray (D-Wash.), Ranking Member, Committee on Health, Education, Labor and Pensions, and Senator Elizabeth Warren (D-Mass.) have written to new NLRB General Counsel Peter B. Robb “to express serious concerns regarding Memorandum 18-02, which [Robb] issued to National Labor Relations Board [] Regional Directors on December 1, 2017.” For more on NLRB General Counsel Memo 18-02, see our article, New Labor Board General Counsel Issues Plans for Reversing Course. The Senators made a number of detailed requests for information and documents regarding Robb’s decision making and thought process and requested that he provide a response by December 22.

Steps to Determining Availability of Qualified Minority and Female Job Candidates

Ogletree Deakins • December 14, 2017
As part of a statistical analysis for an affirmative action program for minorities and females, contractors must estimate external availability in order to determine utilization and annual placement goals. Contractors are required to “use the most current and discrete statistical information available,” which includes census data from local job services and data from colleges and training institutions, in their external availability analyses. So how do you find the appropriate availability data for a reasonable recruitment area and a particular job title?

“Honey, I Shrunk the Unions!” The Shift Towards Micro-Unions in the Gig Economy

Fisher Phillips • December 14, 2017
As union membership in the private sector continues to dwindle (down to 6.4% in 2016), the American labor movement finds itself at a crossroads with the momentous, non-union gig economy. Just as the economy has evolved juristically over time, organized labor will also be forced to reinvent itself to maintain any form of relevancy. One way this is being done is through micro-unions.

DHS Announces Termination of Certain Countries' Temporary Protected Status Designation

Littler Mendelson, P.C. • December 14, 2017
The Secretary of the U.S. Department of Homeland Security has the authority to grant Temporary Protected Status (TPS) to eligible foreign-born individuals who are unable to return home for certain safety-related reasons. TPS may be designated to a foreign country when there are circumstances in the country preventing it from adequately handling the return of its nationals. Reasons include ongoing armed conflict, environmental disasters, and other extraordinary and temporary conditions. During a designated period, individuals who are eligible for TPS may apply for temporary employment and travel authorization.

eLABORate: Majority Republican NLRB Reasserts Exclusive Authority to Settle Labor Cases

Phelps Dunbar LLP • December 14, 2017
As the National Labor Relations Board shifts to a Republican majority, a ruling this week constitutes the first of what many expect will be a series of reversals to Obama-era workplace policies.

The Trump Board Signals Changes to Come

FordHarrison LLP • December 14, 2017
Executive Summary: In the past two weeks, the National Labor Relations Board (NLRB) has made three important announcements that signal likely changes to come under the Trump administration.

Seventh Circuit Affirms Summary Judgment in Favor of Employer Finding That Required Mental-Health Examinations Did Not Violate the ADA

FordHarrison LLP • December 14, 2017
Executive Summary: Recently, the United States Court of Appeals for the Seventh Circuit in Painter v. Illinois Department of Transportation affirmed the district court’s grant of summary judgment to the employer in a lawsuit alleging a violation of the Americans with Disabilities Act (ADA), finding that a reasonable jury would have to find that the two mental-health examinations at issue were “job related and consistent with business necessity.”

Federal Court Permits Former Employees’ Data Breach Claims to Move Forward

Jackson Lewis P.C. • December 14, 2017
A data breach occurs in which an outside individual obtains your company’s employees’ W-2 forms including social security numbers, addresses, and salary information. As a result, your company notifies all affected employees, explains what occurred, and offers a complimentary two-year membership to a service that helps detect misuse of personal information. Is your company liable for negligence and breach of contract?

Recent NLRB Actions Signal the Winds of Change Are Blowing: The NLRB Requests Information on Controversial “Quickie Election” Rules and Issues Its First Reversal of Obama-Era Policy

Franczek Radelet P.C • December 14, 2017
Because the National Labor Relations Board (NLRB) is made up of members appointed by the President, Board law shifts as administrations change. Recently, the U.S. Senate confirmed two Republicans to the Board, resulting in a Republican majority on the Board for the first time in ten years, and a new NLRB General Counsel, management-side labor lawyer Peter Robb. Swift changes followed, and more are likely.

Nevada Employers Prepare to Provide Leave for Domestic Violence Victims

Ogletree Deakins • December 14, 2017
In the new year, Nevada employers will be required to provide workplace protections for employees who are victims of domestic violence. Nevada Senate Bill 361, which was signed into law by Governor Brian Sandoval over the summer, will become effective on January 1, 2018. This law modifies Chapter 608 of the Nevada Revised Statutes to require employers to provide leave to an employee “who has been employed by an employer for at least 90 days and who is a victim of an act which constitutes domestic violence.” Specifically, an eligible employee is entitled to 160 hours of leave (which may be taken in a block or intermittently) during a 12-month period following the date on which the domestic violence occurs. The leave allowed under this law may be paid or unpaid.

New Year, New Laws: 2018 California Employment Roundup

Vedder Price • December 14, 2017
California employers will be ringing in the new year with additional and expanded legal obligations. Laws taking effect January 1 include:
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