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PBGC Approves Revisions to AAA’s Withdrawal Liability Arbitration Rules; Employer Fees Reduced

Jackson Lewis P.C. • December 12, 2019
For years, steep arbitration fees have made many employers think twice about contesting a questionable withdrawal liability determination. The Pension Benefit Guaranty Corporation’s (PBGC) approval of a lower fee schedule may ease that hurdle.

Labor Department Offers Employers Some FLSA Clarity Through New “Regular Rate” Interpretation

Fisher Phillips • December 12, 2019
For the first time in over 60 years, the U.S. Department of Labor today issued a final rule updating its interpretative guidance with respect to permissible exclusions from the “regular rate.” According to the USDOL, the proposed rule is intended to better reflect the modern workplace and provide clarity to employers on what types of compensation, benefits, or perks may be excluded from the regular rate. While the majority of the changes in the final rule are “interpretative” – meaning they do not have the force of full-fledged regulations – they provide needed clarity to employers and should help reduce litigation over what is and what is not included in the “regular rate.” The Final Rule will be published on December 16, 2019, with an effective date of January 15, 2020.

USCIS Announces Implementation of H-1B Electronic Registration for FY 2021 Cap Season

Jackson Lewis P.C. • December 12, 2019
The U.S. Citizenship and Immigration Services (USCIS) has announced it is implementing an electronic registration process in the next H-1B visa lottery. Employers seeking to file fiscal year 2021 H-1B cap-subject petitions must first electronically register and pay a $10 fee for each electronic registration they submit to USCIS.

Colorado Labor Agency Adopts Wage Rules that Include Bar on Vacation Pay Forfeiture

Jackson Lewis P.C. • December 12, 2019
The Colorado Department of Labor and Employment (CDLE) has adopted permanent amendments to its Wage Protection Act Rules (Permanent WPA Rules) that include a prohibition against forfeiture of vacation pay under the Colorado Wage Claim Act (CWCA).

California Bar on Mandatory Arbitration Agreements in Employment Challenged, Injunction Sought

Jackson Lewis P.C. • December 12, 2019
The U.S. Chamber of Commerce and other business organizations have filed suit in federal court against the State of California to have AB 51 declared preempted by the Federal Arbitration Act (FAA). Chamber of Commerce of the United States v. Becerra, No. 2:19-cv-2456 KJM DB. Alternatively, the lawsuit seeks a declaration that AB 51’s express FAA carve out provision, which protects arbitration agreements otherwise enforceable under the FAA, applies to both enforcement and formation of arbitration agreements.

Are shareholders considered “consumers” under the CCPA?

Jackson Lewis P.C. • December 12, 2019
It’s hard to understate the range of issues the California Consumer Privacy Act (the “CCPA”) raises for covered businesses and their service providers. One of those issues involves the meaning of “consumer.” If you have been following CCPA developments, you know that at least for the first 12 months the CCPA is effective, the new law will, to a limited extent, apply to personal information of certain employees, applicants, and contractors. See AB 25.
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