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Vacation Mode: How to Engage Employees with Summer Perks

XpertHR • August 14, 2018
With the current jobseeker-friendly market, an employer needs to make sure it is in the best position to attract and retain the workforce it wants and needs. Summer perks are a good way for employers to show how much they value their employees, and many of them can be inexpensive.

Jackson Lewis Class Action Trends Report Summer 2018

Jackson Lewis P.C. • August 14, 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.

NLRB GC Institutes Changes to Certain Decision-Making Processes

Jackson Lewis P.C. • August 14, 2018
The National Labor Relations Board’s General Counsel’s office has issued an internal Memorandum (“Changes to Case Processing Part 1”) to all regional directors, officers-in-charge, and resident officers announcing immediate enactment of case processing changes.

Fifth Circuit Rules Employers Are Not Always Protected From Liability Resulting From Harassment by Nonemployees With Diminished Capacity

Ogletree Deakins • August 14, 2018
Courts have ruled that employees who work with clients with diminished capacity present different challenges when establishing whether the nonemployee’s alleged harassment affected the terms and conditions of the employee’s employment.

DOL Issues Updated ACA Marketplace Notice

Ogletree Deakins • August 14, 2018
The U.S. Department of Labor (DOL) recently issued new versions of the Affordable Care Act (ACA) Notices of Exchanges. The ACA requires employers to provide employees with a written notice that contains information about the insurance purchasing exchanges (i.e., the “Health Insurance Marketplace” or “the Marketplace”) and describes the availability of a premium tax credit and the effects of obtaining coverage through the Marketplace. In the notice, employers must also explain that employees may lose their employers’ nontaxable contribution to health benefits if they elect to obtain coverage through the Marketplace.

OFCCP Issues Two New Directives; Focuses on Compliance Evaluations and Faith-Based Organizations

Ogletree Deakins • August 14, 2018
Hitting the ground running, Acting OFCCP Director Craig Leen released two new directives on August 10, 2018.

OFCCP Orders Staff to Respect Contractors' Religious Freedoms

Littler Mendelson, P.C. • August 14, 2018
On August 10, 2018, Craig Leen, Acting Director of the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), issued a new directive, 2018-03, instructing staff to take into account in their affirmative action and equal employment opportunity enforcement activities recent Supreme Court opinions and Trump administration executive orders addressing the freedoms and anti-discrimination protections that must be afforded religion-exercising organizations and individuals under the United States Constitution and federal law.

OFCCP Focused Reviews Coming in FY 2019

Littler Mendelson, P.C. • August 14, 2018
On August 10, 2018, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a new directive, 2018-04, announcing a plan to implement focused reviews of contractors’ compliance with Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA). This new directive comes a week after OFCCP’s Acting Director Craig Leen discussed such a plan at the Industry Liaison Group National Conference in Anaheim, California.

Someone Call A Doctor! This Settlement Agreement Is Bleeding Out

Fisher Phillips • August 14, 2018
A federal appeals court recently ruled that an overbroad “no-rehire” provision in a settlement agreement with a former employee can be an unlawful restraint of trade under California law. In Golden v. California Emergency Physicians Medical Group (July 24, 2018), the Ninth Circuit Court of Appeals voided a settlement agreement between a physician and his former employer because one provision imposed a restraint of trade in violation of California’s strict statute on non-compete covenants, Business & Professions Code Section 16600. The Court found that the broad no-rehire provision constituted a “restraint of substantial character” in two ways.

NLRB Upholds Employee’s Use of Offensive Language in Protest of Employer’s Overtime Policy

Franczek Radelet P.C • August 14, 2018
In Constellium Rolled Products Ravenswood, LLC, the National Labor Relations Board recently ruled in a 2-1 decision that the employer unlawfully discharged an employee who had written “whore board” on an overtime sign-up sheet.

Does Your Business Comply with the ADA's Accessibility Requirements?

FordHarrison LLP • August 14, 2018
Title III of the Americans with Disabilities Act (ADA) requires businesses that provide goods and services to the public to remove architectural barriers and ensure their facilities are accessible to individuals with disabilities. Generally, businesses must provide goods and services to individuals with disabilities in an integrated setting the same as is provided to the general public.

Unions Are Not Immune From The #MeToo Scandal

Brody and Associates, LLC • August 14, 2018
Ever since the Harvey Weinstein allegations broke, almost every industry has been plagued by revelations of sexual harassment and abuse. This has left employers reeling. Even Unions are included in this scandal.

Washington Law Restricts Employers’ Access to Medical Records in WLAD Cases

Ogletree Deakins • August 14, 2018
Washington recently passed a law limiting discovery of medical records and other medical information for discrimination claims brought under the Washington Law Against Discrimination (WLAD). The law went into effect on June 7, 2018.

New Jersey Enters Partnership with USDOL To Fight Worker Misclassification

FordHarrison LLP • August 14, 2018
Executive Summary: Just months after New Jersey Governor Phil Murphy signed Executive Order No. 25 establishing a task force to combat employee misclassification, the NJ Department of Labor and Workforce Development (LWD) entered into a cooperation agreement with the US Department of Labor (USDOL) to work together to fight worker misclassification.
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