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Medical Progress Needs to Be Assessed in Determining Whether an Individual Is Qualified.

Jackson Lewis P.C. • June 17, 2018
A recently filed federal court case should serve as a reminder to employers that medical advances often make the impossible possible and, as a result, can make the unqualified qualified under ADA. Although the suit asserts a constitutional violation and not a claim under the ADA, the lesson is worth heeding by the conscientious non-governmental employer.

The Meaning Behind Pride Month

Ogletree Deakins • June 17, 2018
Pride—It’s a simple word that, for some, denotes arrogance, hubris, narcissism, or a foolishly and irrationally distorted sense of one’s personal value, importance, or achievement. However, there is a much more insightful, thoughtful, and powerful meaning behind the word that has been the impetus for worldwide commemoration. Pride can mean “the consciousness of one’s own dignity” and “a product of praise, independent self-reflection, and a fulfilled feeling of belonging.”

More H-1B Third-Party Placement Changes: DOL Proposes Significant Changes to H-1B LCA Form

Ogletree Deakins • June 17, 2018
U.S. employers that hire and place foreign workers with H-1B visas at third-party worksites may be faced with additional burdens in the H-1B petition process. The U.S. Department of Labor (DOL) has released proposed changes to ETA Form-9035, Labor Condition Application for Nonimmigrant Workers (LCA) that would require more details about the end-user clients and potential worksites specific to the placement of H-1B workers.

Beltway Buzz, June 15, 2018

Ogletree Deakins • June 17, 2018
Our Washington Capitals fever is breaking here in D.C. but not before local area legislators introduced a resolution in the House of Representatives congratulating the team on their recent Stanley Cup victory. No surprise here. After all, at least some authorities argue that the phrase “jumping on the bandwagon” started in politics. Here is your Beltway Buzz.

NLRB Counsel Returns Common Sense To Workplace Rules

Fisher Phillips • June 17, 2018
The National Labor Relations Board General Counsel, Peter Robb, recently outlined the agency’s plan of action for evaluating workplace rules in his latest memorandum to regional offices—and the message is welcome news for employers. The 20-page memo is a reaction to the Board’s December 2017 decision in Boeing Co. that upended the controversial Lutheran Heritage standard and helped start to restore balance to workplace rules. This memo takes the next step in that process.

Keystone State Targets the Gig Economy: Pennsylvania’s New Nonemployee Withholding and Reporting Requirements

Ogletree Deakins • June 17, 2018
On October 30, 2017, Governor Tom Wolf of Pennsylvania signed into law Act 43 of 2017. This new law provides that beginning July 1, 2018, Pennsylvania businesses that pay at least $5,000 in Pennsylvania-source nonemployee compensation or business income to a nonresident individual (or disregarded entity that has a nonresident member) are required to withhold from such payments the current applicable income tax rate (currently 3.07 percent).

New Arizona Laws Address Data Breaches and Hiring Ex-Offenders

Littler Mendelson, P.C. • June 17, 2018
Arizona Governor Doug Ducey recently signed HB 2154 and HB 2311 into law, both taking effect on August 3, 2018. HB 2154 provides employers with additional guidance and updated notice procedures in the event of a data security system breach, and HB 2311 bolsters limited liability protections for employers when hiring employees or contracting with independent contractors previously convicted of criminal offenses.

Non-Compete News – Georgia Court Interprets Who Can Be Subject to a Non-Compete

FordHarrison LLP • June 17, 2018
Executive Summary: Effective May 2011, Georgia’s Restrictive Covenants Act (RCA) represented a significant change to pre-existing Georgia law. Since then, however, very few courts have interpreted the RCA, leaving employers and practitioners alike with questions over how, and under what circumstances, restrictive covenants agreements may be used to protect an employer’s legitimate business interests.[1] One of the few decisions interpreting the statute, CSM Bakery Solutions, LLC v. Debus (N.D. Ga. 2017) underscores the reality that some employees in Georgia simply are immune from post-employment non-compete provisions – even where the covenants are reasonably tailored in duration, geographic proximity, and scope of precluded activity.

This and That: Joint Employer Standards and Class Action Tolling

Carothers DiSante & Freudenberger LLP • June 17, 2018
Last week, the NLRB announced that it would be issuing proposed rulemaking on joint employer standards this summer.
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