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Protecting the Workplace from the Flu Outbreak of 2018

XpertHR • February 20, 2018
This year’s flu season is setting dangerous records and people must take measures to protect themselves and their loved ones. Since the flu knows no boundaries, employers are not immune from the widespread flu outbreak affecting their employees and worksites. One contagious employee is all it takes to spread the flu across the ranks and decrease productivity on a large scale.

EEOC Details Its Plans for Enforcement, Outreach

XpertHR • February 20, 2018
The U.S. Equal Employment Opportunity Commission (EEOC) has released its Strategic Plan for Fiscal Years 2018-2022, its framework for achieving its mission to advance equal opportunity in the workplace and prevent and remedy unlawful employment discrimination. The EEOC also submitted its fiscal year 2019 budget request, seeking more than $1.8 million above the current budgetary level.

What Am I Doing Wrong?? Common FMLA Mistakes (February 20, 2018)

Jackson Lewis P.C. • February 20, 2018
“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the thirteenth in a series highlighting some of the more common mistakes employers can inadvertently make regarding FMLA administration.

Court Finds Individualized Issues Predominate and Grants Company’s Motion to Decertify Branch Administrators’ Class

Jackson Lewis P.C. • February 20, 2018
The United States District Court for the Southern District of Indiana recently decided a case highlighting the importance of clear employer policies when it comes to wage payment issues.

Seventh Circuit Preaches on the Ministerial Exception

Ogletree Deakins • February 20, 2018
For the first time since a 2012 decision by the Supreme Court of the United States, the Seventh Circuit Court of Appeals elaborated on and applied the Supreme Court’s four-factor analysis to determine whether a position is properly considered a ministerial role.

What the White House 2019 Budget Proposals Tell Us About Future Labor and Employment Policy Reforms

Ogletree Deakins • February 20, 2018
On February 12, 2018, the White House released its fiscal year 2019 (FY 2019) budget plan and sent it to Capitol Hill just a week after signing a two-year budget deal lifting the spending caps for 2018 and reopening the federal government, which had been temporarily shut down.

Goodbye, Guidance? Feds Limit Power Of Agency Guidance Documents

Fisher Phillips • February 20, 2018
A short policy memorandum quietly issued by the U.S. Department of Justice’s No. 3 official late last month could end up having positive implications for employers defending claims brought by the federal government. The January 25 memo introduces new stringent limits on the use of guidance documents by Department of Justice officials in civil actions against businesses, including employment claims. By limiting the effectiveness of such guidance documents—and in some cases, eradicating them altogether—the Trump administration may have handed employers a gift that could pay off in the long run.

Employers Take Note: Tax Season Phishing Scams on the Rise

Fisher Phillips • February 20, 2018
It is tax season once again, and with it comes an increased threat of phishing scams targeting human resources and payroll personnel. In 2016, the IRS alerted employers to a then-emerging email phishing scheme in which messages purporting to come from company executives requested the release of personal information relating to employees, including W-2 tax forms.

“It’s the Culture, Stupid” (Part II): But Companies Cannot Bear the Burden Alone

Littler Mendelson, P.C. • February 20, 2018
Last month, we focused on what courageous steps organizations will have to take in response to emerging cultural shift reflected in movements that include “#MeToo” and “Times Up.” However, if meaningful culture change is going to ever happen, is too much of the national conversation focused on what companies need to do? Join Littler Principal Cindy-Ann Thomas and Rockhurst University Communication Professor, Dr. LaKresha Graham as they consider the following:

Restrictive Covenants Place In-House Attorneys in a Real Predicament – But Are They Enforceable?

Fisher Phillips • February 20, 2018
Employers enter into restrictive covenants with members of their workforce to protect their trade secrets and confidential information, particularly with employees who have access to such information. As in-house counsel become more involved in business affairs and put on a business “hat” for some of their roles, they may have more exposure to sensitive, non-public information about the business that can either be helpful to competitors or would cause damage to the business if disclosed to the outside world. Accordingly, an increasing number of businesses are entering into restrictive covenant agreements with in-house attorneys. But are such agreements enforceable?

Ban-the-Box Laws in Spokane, Washington, and Kansas City, Missouri

Jackson Lewis P.C. • February 20, 2018
State and local jurisdictions have continued to consider and enact legislation restricting employers from inquiring about a job applicant’s criminal background during the initial stages of the application process. Two of the latest enactments are in Spokane, Washington, and Kansas City, Missouri.

Georgia Supreme Court Clarifies Insurance Company is Not ‘Financial Institution’ in Garnishment Law

Jackson Lewis P.C. • February 20, 2018
An insurance company named as a garnishee in a garnishment action is not a “financial institution” under Georgia’s garnishment statute when the garnishment is seeking earnings owed to its current or former employees.
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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)

Fisher Phillips | California | DLSE Publishes Voluntary Template for Required Employer AB 450 Notice (February 11, 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 | Cal/OSHA Approves Hotel Housekeeping Injury Standard – Likely to Go Into Effect Later This Year (January 21, 2018)

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

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