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Home > 2020 > October > Archives for 8th

Archives for October 8, 2020

Oregon OSHA Moves Forward with COVID-19 Temporary Standard

Posted: October 8, 2020 | Jackson Lewis Category: Oregon - General

As circumstances from the coronavirus (“COVID-19”) pandemic continue to evolve, the federal Occupational Safety and Health Administration (“OSHA”) has maintained reliance on Section 5(a)(1) of the Occupational Safety and Health Act (“OSH Act”), known as the General Duty Clause, and current standards to address workplace exposures to COVID-19.

Rather than

U.S. Agencies Issue Interim Final Rules with Major H-1B Reforms for Legal Definition of Specialty Occupation Workers and Wage Rates

Posted: October 8, 2020 | Littler Category: Immigration - Visas

The U.S. Department of Homeland Security (DHS) and U.S. Department of Labor (DOL) have released two new interim final rules affecting immigration. Both rules immediately impact skilled foreign workers in the H-1B specialty occupation visa program and employment-based immigrants, and make major reforms to the classification of specialty occupations

NY DOL Issues Notice of Pay Rate Form in Response to Wage Parity Law Amendment as Pay Stub Requirements Take Effect

Posted: October 8, 2020 | Littler Category: New York - Wage & Hour

On April 3, 2020, New York Governor Andrew Cuomo signed the 2020-2021 state budget bills, part of which amended the New York’s Home Health Care Worker Wage Parity Law (“Wage Parity Law”).  One of the key amendments made to Wage Parity Law was a new notice of wage parity

SEC Adopts Amendments to Whistleblower Program Rules

Posted: October 8, 2020 | Jackson Lewis Category: HR - Whistleblowing

The Securities and Exchange Commission has voted to adopt numerous amendments to the rules governing its whistleblower program. See https://www.sec.gov/news/press-release/2020-219

The whistleblower program serves as a significant tool for the Commission to encourage individuals to come forward with information regarding suspected security fraud. As set forth in the SEC’s press

OFCCP Releases FAQs on Diversity and Inclusion Executive Order

Posted: October 8, 2020 | Littler Category: Affirmative Action - OFCCP

On October 7, 2020, the U.S.

Suspension of Employee Based on Marijuana Odor and Positive Test Result Did Not Violate CBA

Posted: October 8, 2020 | Jackson Lewis Category: HR - Drugs & Alcohol

A strong odor of marijuana was sufficient to constitute reasonable suspicion to test, and a positive drug test result constituted just cause for a ten-day suspension, an arbitrator ruled in denying an employee’s grievance.  ZF Active and Passive Safety and UAW, Local 1181, 20-2 ARB ¶ 7646 (Mar. 17, 2020).

New DOL Rule Could Limit Some Employers’ Hiring and Retention of Highly Skilled Foreign Employees

Posted: October 8, 2020 | Jackson Lewis Category: Federal Gov't - DOL

After months of speculation, the Department of Labor’s (DOL’s) “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States” rule was finally released to the public.  It will be published in the Federal Register on October 8, 2020 and will go into effect immediately

OFCCP Publishes FAQs addressing Combating Race and Gender Stereotyping Executive Order

Posted: October 8, 2020 | Jackson Lewis Category: Affirmative Action - OFCCP

As promised, OFCCP has released a handful of Frequently Asked Questions (FAQs) addressing the President’s Executive Order Combating Race and Gender Stereotyping (Executive Order 13950).

While limited in nature, the FAQs confirm what OFCCP has been expressing regarding the executive order, including the fact that the Order does not outright

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