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EEO-1 Survey Report Deadline Extended by EEOC

XpertHR • April 24, 2018
Employers that were scrambling to meet the deadline for filing their 2017 EEO-1 report have been granted a brief reprieve. Recently, and without announcement, the Equal Employment Opportunity Commission (EEOC) changed the filing deadline posted on its website from March 31 to June 1. The deadline extension follows several other changes and clarifications to the reporting process made during the past year.

USCIS Releases Improvements to E-Verify System

Jackson Lewis P.C. • April 24, 2018
After gathering feedback and extensive testing, USCIS has unveiled an updated and modernized E-Verify system to improve the user experience, efficiency, and reduce errors.

Eleventh Circuit Highlights Importance of Safety Training in Affirming Willful Violation of OSHA Standard

Ogletree Deakins • April 24, 2018
The Eleventh Circuit Court of Appeals recently had the opportunity to remind employers not to ignore training employees on safety. Martin Mechanical Contractors, Inc. v. Secretary, U.S. Department of Labor, No. 17-12643 (March 27, 2018).

EEO-1 Filing Deadline Extended to June 1, 2018

Ogletree Deakins • April 24, 2018
The U.S. Equal Employment Opportunity Commission’s (EEOC) EEO-1 Joint Reporting Committee has now extended the deadline for filing the 2017 reports to June 1, 2018. Based on modifications to the EEO-1 survey, employers initially had until March 31, 2018, to file their 2017 EEO-1 reports.

eLABORate: Fifth Circuit Rules That Threat of Workplace Violence Trumps FMLA Retaliation Claim

Phelps Dunbar LLP • April 24, 2018
An alleged threat by a former Southwest Airlines employee, “that he wished he could order a black trench coat so that he could bring his shotgun to work,” was enough to derail the claim that his employer terminated him in retaliation for taking intermittent leave under the Family and Medical Leave Act (“FMLA”). In affirming the District Court’s grant of summary judgment in favor of Southwest, the April 18, 2018 opinion by the U.S. Court of Appeals for the Fifth Circuit agreed the airline had established a legitimate non-discriminatory reason for discharging the employee, and that he had failed to prove that the reason was pretextual or false.

Dear Littler: How Should We Approach an Employee Showing Signs of Cognitive Decline?

Littler Mendelson, P.C. • April 24, 2018
Dear Littler: We have an employee who is exhibiting signs of dementia or some other sort of cognitive impairment. He has fallen asleep at work a few times recently and seems confused by tasks that did not pose any problem for him in the past. His performance was solid for years but started declining in the past several months, along with his attention to detail. How do we handle our concerns about his well-being and performance? Should we ask him what’s going on with his health?

Banks Cannot Skirt Contract Remedies in Data Breach Suit Against Retail Merchant

Jackson Lewis P.C. • April 24, 2018
Attempting to advance a novel theory of law, several banks filed a class action in Illinois federal court against a grocery store chain arising out of a data breach that resulted in the theft of 2.4 million credit and debit cards. Community Bank of Trenton v. Schnuck Markets, Inc. After the breach, and based on the terms credit card user agreements, the banks were required to issue new cards and reimburse its customers as required by federal law for financial losses due to unauthorized purchases. In the suit, the financial institutions sought to recover some of their costs from the grocery store chain that was allegedly responsible for the loss of the data. The losses were estimated by the Plaintiffs to be in the tens of millions of dollars. As discussed below, the banks were not successful.

Iowa Drug Testing Law Amended; Lawsuits on the Rise

Jackson Lewis P.C. • April 24, 2018
Although Iowa’s drug testing statute was enacted more than 30 years ago, it is still considered one of the most difficult laws in the country for purposes of employer compliance.

https://www.littler.com/publication-press/publication/impending-necessary-ban-box-updates-criminal-record-inquiries

Littler Mendelson, P.C. • April 24, 2018
In 2010, Massachusetts enacted the Criminal Offender Record Information (CORI) Reform Act, which includes a “ban-the-box” component. Among other things, the law prohibits an employer from requiring an applicant to check a box if he or she has a criminal history.1 The law also prohibits an employer from requiring an applicant (or employee) to disclose the following specific types of criminal information: (i) arrests that did not result in a conviction; (ii) first convictions for certain misdemeanors (drunkenness, simple assault, speeding, minor traffic violations, affray or disturbing the peace); and (iii) convictions for misdemeanors where the date of the conviction or completion of incarceration occurred five or more years from the date of the application, unless there was an intervening conviction.2

Non-Compete News: Is Your Non-Compete Clause Too Broad? An Illinois Court Offers Guidance

FordHarrison LLP • April 24, 2018
Executive Summary: When drafting restrictive covenants, employers face a common dilemma about the scope of activities to be restrained. On the one hand, highly focused non-compete language tends to be more enforceable but might not protect the company’s legitimate business interests. On the other, a one-size-fits-all blanket prohibition is more comprehensive but runs the risk it will be unreasonably broad and unenforceable. A recent decision by a federal court in Illinois, Medix Staffing Solutions, Inc. v. Dumrauf (N.D. Ill. Apr. 17, 2018), draws a bright line regarding when a non-compete clause is overbroad as a matter of law. Notably, the court rejected language used frequently in non-compete covenants throughout the country, finding the language so all-encompassing as to be entirely unreasonable.
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