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Beware of Age Discrimination When Recruiting in the Facebook Age

XpertHR • February 23, 2018
Employers are increasingly using social media as a recruiting tool to reach job candidates. However, while platforms like Facebook and LinkedIn may be a good way to find potential new superstar employees, employers need to be careful to avoid age discrimination claims, as several large employers recently learned.

UPDATE: EEOC Clarifies Change to EEO-1 Reporting for Employees at Client Sites

Jackson Lewis P.C. • February 23, 2018
As we recently reported, the instructions for filing current EEO-1 reports includes a change to the reporting requirements for employees working at client sites.

A Paid Family Leave Tax Credit Calculator: Paid Leave Can Contribute to an Employer’s Bottom Line

Jackson Lewis P.C. • February 23, 2018
Rarely do human resources professionals and employment lawyers contribute to an employer’s bottom line. But the new federal tax credit for employer-provided paid family and medical leave offers a unique opportunity to do just that and help reduce your company’s tax liability. The recently-enacted Tax Cuts and Jobs Act provides a tax credit to employers that voluntarily offer paid family and medical leave. Our Jackson Lewis colleagues in the Benefit Law practice group recently summarized this new law. We have taken it a step further and created a Paid Leave Tax Credit Calculator for employers to quickly estimate the potential tax savings their voluntary paid leave programs can generate. Remember that this law provides a tax credit; that means it’s a dollar-for-dollar reduction in the company’s income tax obligation.

Top 7 Legal Challenges Facing Physicians and Hospitals

Jackson Lewis P.C. • February 23, 2018
The American Health Lawyers Association’s 2018 Physicians and Hospitals Law Institute in New Orleans focused on the legal challenges faced by physicians and hospitals. Here are the Jackson Lewis Healthcare Industry Team’s “Top 7” takeaways from the attorneys who attended the conference:

Rescission of H-4 Employment Authorization Documents (EADs) Expected

Jackson Lewis P.C. • February 23, 2018
The DOJ and the DHS have made clear on numerous occasions that they intend to rescind employment authorization documents (EADs) for H-4 visa status holders and it appears that rescission may be just around the corner. Family members of an H-1B worker are admitted in the H-4 category.

NLRB Solicits Briefs on Independent Contractor Misclassification as ULP Issue

Jackson Lewis P.C. • February 23, 2018
National Labor Relations Board Administrative Law Judge Arthur J. Amchan had ruled in Velox Express, Inc. that misclassification of employees as independent contractors violates Section 8(a)(1) of the National Labor Relations Act. 2017 NLRB LEXIS 486 (Sept. 25, 2017). Now the case is before the NLRB, and the Board has invited interested parties to file amicus briefs to address “under what circumstances, if any, the Board should deem an employer’s act of misclassifying statutory employees as independent contractors a violation of Section 8(a)(1) of the National Labor Relations Act.” Briefs must be submitted on or before April 16, 2018.

New OSHA Tree Care Publication

Jackson Lewis P.C. • February 23, 2018
Earlier this month OSHA published a guidance document for the tree care industry, “Solutions for Tree Care Hazards.” The two page publication addresses five major hazards for the tree care industry, including traffic control, chippers, aerial lifts, power lines and drop zones for falling objects.

House Takes a Step to Curb ADA Title III Lawsuits by Serial Plaintiffs and Attorneys

Goldberg Segalla LLP • February 23, 2018
In an effort to curb the onslaught of Americans with Disabilities Act (ADA)Title III lawsuits, which have increased dramatically over the past few years, the House of Representatives passed H.R. 620. The bill requires potential plaintiffs intending to bring lawsuits under Title III (for failure to remove architectural barriers to access from public accommodations) first to provide written notice to owners and operators along with an opportunity to make improvements or repair.

The Practical NLRB Advisor: Winter 2018

Ogletree Deakins • February 23, 2018
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the winter 2018 issue of the Practical NLRB Advisor. This issue examines how the National Labor Relations Board (NLRB) is moving forward after a slow start during the Trump administration’s first year in office—in which it took nearly nine months to realize a short-lived Republican majority.

Dear Littler: Can I Immediately Fire a VP Based on Sexual Harassment Allegations?

Littler Mendelson, P.C. • February 23, 2018
Dear Littler: I am a senior HR manager at a mid-sized company. One of our female team members just reported her manager, a vice president, for inappropriate conduct. She claims that what started out as mild flirtation on his part has progressed to outright sexual solicitation and unwelcome physical contact. Our company just can’t accept this kind of behavior. Can I go ahead and terminate him immediately?

Top Five Labor Law Developments for January 2018

Jackson Lewis P.C. • February 23, 2018
Management-side labor and employment lawyer John Ring has been nominated by President Donald Trump to fill the vacant seat on the five-member National Labor Relations Board. If confirmed, Ring would replace former-Board Chairman Philip Miscimarra, a Republican, and restore a 3-2 Republican majority to the Board. Miscimarra’s term ended on December 16, 2017. Ring’s confirmation hearing before the U.S. Senate Health, Education, Labor and Pensions Committee, originally scheduled for February, is scheduled to take place on March 1, although some expect it may be further postponed.

U.S. Supreme Court Narrows Dodd-Frank Act Whistleblower Protections

Jackson Lewis P.C. • February 23, 2018
The anti-retaliation provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 protects only employees who complain directly to the Securities and Exchange Commission (SEC), the U.S. Supreme Court has held in a unanimous decision. Digital Realty Trust, Inc. v. Somers, No. 16-1276 (Feb. 21, 2018).

Supreme Court Ruling Narrows Dodd-Frank Whistleblower Definition

Franczek Radelet P.C • February 23, 2018
In 2010, as part of the sweeping regulatory reforms of the Dodd-Frank Act, which was passed in the wake of the 2008 financial meltdown, Congress expanded whistleblower protections provided to employees who report SEC violations under the 2002 Sarbanes-Oxley Act (SOX) and offered financial rewards to whistleblowers. Since Dodd-Frank’s passage, there has been extensive litigation and debate as to whether whistleblower provisions of Dodd Frank protect and award only whistleblowers who report violations to the SEC, or if they also cover individuals who only report violations internally?

Paid Sick Leave Trend Comes South to Austin, Texas

XpertHR • February 23, 2018
Austin, Texas, has enacted a new ordinance that will soon require employers to provide paid sick leave to employees.

Maine Recreational Marijuana Law Limits Workplace Drug Testing As Well As Disciplinary Consequences Imposed By Employers

Jackson Lewis P.C. • February 23, 2018
A provision of Maine’s recreational marijuana law prohibits employers from taking adverse employment actions for off-premises marijuana use, as of February 1, 2018. This law effectively prevents Maine employers from testing for marijuana for pre-employment purposes. The law also affects employers who employ employees subject to federal drug and alcohol testing regulations as well as those employers who are exempt from complying with Maine’s drug testing law.
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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)

Fisher Phillips | California | DLSE Publishes Voluntary Template for Required Employer AB 450 Notice (February 11, 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)

Ogletree Deakins | California | Cal/OSHA Approves Long-Awaited Housekeeper Injury Prevention Regulations (January 24, 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)

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)

Jackson Lewis P.C. | California | Exemption, Not Pre-Emption: California Federal Court Clarifies Meal and Rest Break Rules May Be Exempt From Labor Code Enforcement For Employers With Valid Collective Bargaining Agreements (February 14, 2018)