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Will Ending Government Shutdown Turn on DACA?

Jackson Lewis P.C. • January 16, 2019
Is it possible that the Deferred Action for Childhood Arrivals (DACA) program might be the key to ending the government shutdown? A DACA-for-border-funding compromise that was taken off the table a year ago is again being talked about by some lawmakers. Here is an update on where DACA stands.

Federal Judges Halt Expanded Exemption From ACA Contraceptive Mandate

Ogletree Deakins • January 16, 2019
In back-to-back decisions, two federal district court judges have blocked implementation of a Trump administration rule that would exempt more employers from the Patient Protection and Affordable Care Act (ACA) requirement that employer-sponsored group health plans cover birth control supplies and services as preventive care without cost-sharing. State of California v. Health and Human Services, No. 17-cv-05783-HSG (U.S. District Court for the Northern District of California, January 13, 2019). Commonwealth of Pennsylvania v. Trump, No. 2:17-cv-04540-WB (U.S. District Court for the Eastern District of Pennsylvania, January 14, 2019).

Supreme Court of the United States Upholds Bar to Arbitration for Interstate Driver

Ogletree Deakins • January 16, 2019
On January 15, 2019, the Supreme Court of the United States held that the Federal Arbitration Act (FAA) did not apply to wage claims brought by an interstate truck driver, even though the plaintiff was classified as an independent contractor.

Rare Win for Workers in Supreme Court Arbitration Case

XpertHR • January 16, 2019
The Supreme Court has handed a rare victory to workers in a case involving a mandatory arbitration provision. In New Prime Inc. v. Oliveira, the Court ruled unanimously that while a court's authority to compel arbitration under the Federal Arbitration Act (FAA) may be considerable, it isn't unconditional and does not extend to all private employment contracts.

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

Fisher Phillips • January 16, 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).

Here OSHA Goes Again: 2019 Increases to Maximum Penalty Amounts Announced

Fisher Phillips • January 16, 2019
Employers will be facing higher penalties from the federal Occupational Safety and Health Administration (“Fed-OSHA”) in 2019. On January 15, 2019, Fed-OSHA announced that it plans to increase the maximum penalty an employer can be issued for serious and other than serious citations to $13,260, and the highest amount that can be issued for repeat and willful violations to $132,598. Fed-OSHA’s announcement regarding the increases can be found here: and a chart containing all increases by the agency is below:

Supreme Court Rules Independent Contractor Truck Driver Not Required to Arbitrate Wage Claim

FordHarrison LLP • January 16, 2019
Executive Summary: In New Prime Inc. v. Oliveira, the U.S. Supreme Court held today that the Federal Arbitration Act’s (FAA) exclusion of certain “contracts of employment” from the Act’s coverage applies to transportation worker independent contractors. In its holding, the Court did not define who constitutes a transportation worker under the FAA.

Before OSHA Arrives: Developing a Culture of Worksite Safety

Goldberg Segalla LLP • January 16, 2019
In daily business practice, one of the most difficult decisions any company leader can make is to change company culture. Despite many company leaders providing a well-thought out strategic plan, the entire collective of company employees ultimately controls company culture.

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.

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.

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.
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