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EEOC's Limitations on Criminal Background Checks Blocked in Texas

XpertHR • February 19, 2018
A federal judge has blocked the Equal Employment Opportunity Commission (EEOC) from enforcing an Obama-era rule in Texas that advised employers to use criminal background checks only when they are job-related or tied to legitimate business needs.


Jackson Lewis P.C. • February 19, 2018
Just a few weeks ago, the federal government avoided a potentially lengthy government shutdown when Congress passed and the President signed into law the Bipartisan Budget Act of 2018 (the “Act”). You may already know that the Act extends funding for the federal government until March 23, 2018. However, what you may not know is that hidden in the Act are provisions that will change some of the rules relating to hardship distributions from 401(k) plans.

Surge of ICE Raids Expected in California Following State Adoption of Immigration Laws

Jackson Lewis P.C. • February 19, 2018
California seems to be at odds with the Trump Administration over many subjects, including the legalization of marijuana, the expansion of off-shore drilling, the elimination of state and local tax deductions, and immigration.

Second Federal Court Injunction Issued to Keep DACA in Place, Fate Remains Uncertain

Jackson Lewis P.C. • February 19, 2018
Following January’s ruling by Judge William Alsup in San Francisco, a second federal court has issued a nationwide injunction ordering the government to keep DACA in place. Judge Nicolas G. Garaufis of the US District Court in Brooklyn, New York ruled that the rescission of DACA was “arbitrary and capricious” and that the equities and reliance interests favored an injunction.

Title III Notice and Cure Bill Passes Initial Legislative Hurdle

Ogletree Deakins • February 19, 2018
The House of Representatives passed a bill on February 15, 2018, that requires Americans with Disabilities Act (ADA) Title III plaintiffs to provide businesses with notice and an opportunity to cure any barriers before filing suit. The Senate must also pass a version of the bill before it can be sent to the White House for signing. Senate passage is reported as uncertain.

New York Court Blocks DACA Demise

Ogletree Deakins • February 19, 2018
On February 13, 2018, a U.S. district court in New York issued a nationwide preliminary injunction halting the Trump administration’s efforts to end the Deferred Action for Childhood Arrivals (DACA) program.

February Forecast Calls For Persistent ICE Immigration Raids Across The Country

Fisher Phillips • February 19, 2018
Federal enforcement officials are amplifying their efforts to crack down on undocumented workers and the businesses that employ them, as Immigration and Customs Enforcement (ICE) officials have raided over 120 businesses in just the past five days.

Can OSHA Look Back Farther than 5 Years for Repeat Citations? Recent Court Decision Reaffirms that there Is No Limitation on OSHA’s Repeat Violation Period

Fisher Phillips • February 19, 2018
Until 2015, it was the practice of the Occupational Safety and Health Administration (OSHA) to look back only three years to establish “repeat” violations under the Occupational Safety and Health Act (OSH Act). In 2015, OSHA increased that period to five years. The United States Court of Appeals for the Second Circuit reminded us this week that OSHA is actually not bound by any temporal limitation to establish repeat violations.

Benefits for the Gig Workforce: Is there a Solution that Won’t Defeat the Business Model?

Fisher Phillips • February 19, 2018
Offering health, retirement, and workers’ compensation benefits to the varied gig workforce, while maintaining some affordability to the worker while also avoiding the 30 percent cost increase to businesses, has proven to be an extremely tall task. The situation gets even more complicated because gig businesses also need to be concerned that charges of worker misclassification could be supported by the offering of such benefits to their contractor workforce.

eLABORate: EEOC Issues Plan of Attack for Enforcement Priorities

Phelps Dunbar LLP • February 19, 2018
On February 12, 2018, the U.S. Equal Employment Opportunity Commission (“EEOC”) approved its Strategic Plan (“SP”) for the 2018-2022 fiscal years. The SP provides a framework for how the EEOC plans to achieve its mission of preventing and remedying unlawful employment discrimination, advancing equal opportunity for all in the workplace, as well as plans for striving toward its vision of respectful and inclusive workplaces with equal employment opportunity for all. The SP is intended to work in conjunction with the EEOC’s Strategic Enforcement Plan (“SEP”). The SEP indicates the specific areas of discrimination upon which the EEOC plans to focus while the SP explains how the EEOC plans to address these targeted issues.

The EEOC Phoenix District Office Challenges Releases Waiving Future Financial Liability for Discrimination Claims

Littler Mendelson, P.C. • February 19, 2018
A recent settlement shows that the Equal Employment Opportunity Commission (EEOC) continues, from time to time, to take the position in litigation that an employee’s private release may not waive the employee’s right to receive future financial relief in an EEOC discrimination action.

NLRB Reverses Course

Hirsch Roberts Weinstein LLP • February 19, 2018
Employers should take note of several important pronouncements by the National Labor Relations Board issued at the end of 2017, reversing key Obama-Era NLRB rulings and interpretations of federal labor law. More such rulings are expected in 2018 and beyond under a new Republican dominated Board.

Austin’s Earned Sick Time Ordinance: 8 Things You Need to Know

Ogletree Deakins • February 19, 2018
In the early hours of February 16, 2018, the Austin City Council passed a new ordinance on earned sick time that affects employers in Austin, Texas. The ordinance will not take effect until October 1, 2018, and is likely to be challenged in court almost immediately.

New California Form Helps Employers Comply With Immigrant Worker Protection Act

Ogletree Deakins • February 19, 2018
The California Labor Commissioner’s Office has released a template notice form to help employers comply with the posting requirements under California Labor Code section 90.2(a)(1), also known as the Immigrant Worker Protection Act or AB 450, which requires employers in California to notify their workforces within 72 hours of any immigration law compliance inspection or audit initiated by federal agencies.

Does Anything Good Happen After Midnight? Austin, Texas Adopts Paid Sick Leave

Littler Mendelson, P.C. • February 19, 2018
At approximately 1:00 a.m. CST on February 16, 2018, the Austin, Texas City Council approved an ordinance establishing a paid sick leave requirement that will apply to all private employers located within the City. If, as expected, the mayor signs the ordinance, Austin will join the growing list of cities and states obligating employers to grant paid sick time to workers.
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Ogletree Deakins | California | The Opportunities and Obligations of Venture Capital and Private Equity in the #MeToo Environment (February 01, 2018)

Fisher Phillips | California | Glimmers of Hope? Pair of Recent PAGA Cases Provide Rare Procedural Victories for California Employers (January 31, 2018)

Ogletree Deakins | California | California’s Salary History Ban: Answers to Frequently Asked Questions (January 23, 2018)

Fisher Phillips | California | The ICEman Cometh? Recent War of Words Puts California Employers in the Crosshairs of National Immigration Debate (January 22, 2018)

Jackson Lewis P.C. | California | Trial Court Properly Denied Attorneys’ Fees To Plaintiff Who Proved His Termination Was Substantially Motivated By His Disabilities, But Was Not The Prevailing Party At Trial (January 21, 2018)

Ogletree Deakins | California | Cal/OSHA Approves Long-Awaited Housekeeper Injury Prevention Regulations (January 24, 2018)

Fisher Phillips | California | DLSE Publishes Voluntary Template for Required Employer AB 450 Notice (February 11, 2018)

Fisher Phillips | California | Cal/OSHA Approves Hotel Housekeeping Injury Standard – Likely to Go Into Effect Later This Year (January 21, 2018)

Ogletree Deakins | California | As Marijuana Shops Thrive, California Employers Revisit Drug Policies (January 18, 2018)

Jackson Lewis P.C. | California | California Labor Department Releases Form for Employers Responding to Immigration Agency Inspection (February 12, 2018)