On February 9, 2024, a federal judge in the Western District of Pennsylvania departed from earlier rulings in the district to hold that an online retailer’s website and its other digital properties did not constitute a “place of public accommodation” under Title III of the Americans with Disabilities Act (ADA).
Archives for February 19, 2024
Union Petitions Spike in 2022 and 2023, Ogletree Deakins NLRB Data Tracking Shows
Labor organizing activity rose over the past two years with nearly as many representation election (RC) petitions filed with the National Labor Relations Board (NLRB) from 2022 through 2023 as the previous three years, while the average time to close petitions saw a significant drop in 2023, according to public
Arrested Development: Wisconsin Court of Appeals Holds ‘Arrest Record’ Does Not Include Civil Violations
When is an offense a covered “offense” under the Wisconsin Fair Employment Act’s (WFEA) prohibition against arrest record discrimination? This was the question answered by the Wisconsin Court of Appeals in its recent decision in Oconomowoc Area School District v. Cota.
March 2024 Visa Bulletin Again Shows Little Movement
The March 2024 Visa Bulletin has been released by the U.S. Department of State and shows little movement from last month.
Beltway Buzz, February 16, 2024
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business.
2024 Alabama Legislative Update: Regular Session – Week Two
Sponsoring a Group Health Plan for Employees? What Employers Need to Know About the Consolidated Appropriations Act
Employers sponsoring group health plans must understand and comply with new requirements imposed by the Consolidated Appropriations Act. On the plus side, the new compliance requirements can provide sponsors with valuable insights into the operation of their group health plans. To avoid potential liabilities, however, sponsors should act proactively to
D.C. Circuit Breaks from Second Circuit, Finds Pension Fund May Retroactively Change Its Interest Rate Assumptions
On February 9, 2024, the U.S. Court of Appeals for the D.C. Circuit issued its decision in Trustees of IAM Nat’l Pension Fund v. M & K Emp. Sols., LLC, No. 22-7157 (D.C. Cir. Feb. 9, 2024), affirming the district court’s decision to vacate an arbitration award for the employer
Deferred Enforced Departure of Up to 18 Months for Palestinians Announced
President Joe Biden announced Deferred Enforced Departure (DED) for up to 18 months for Palestinians currently residing in the United States. The president took this action due to the terrorist attacks on Israel on Oct. 7, 2023, the military response, and the humanitarian conditions in the Palestinian territories, particularly Gaza.
OFCCP to Appeal Adverse EEO-1 Report Disclosure Order
As previously reported, in December 2023, the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) was ordered to release the EEO-1 reports of federal contractors it had withheld from production in response to the Center for Investigative Reporting’s Freedom of Information Act (FOIA) request for the records.
The
Form I-9 Software: Avoiding Unlawful Discrimination When Selecting and Using I-9 and E-Verify Software Systems
A recent employer fact sheet from the U.S. Department of Justice (DOJ) and U.S. Department of Homeland Security (DHS) provides guidance for avoiding unlawful discrimination and other violations when using private software products to complete Forms I-9 and E-Verify cases.
Reinstated SAT requirements: why hiring teams should care
Dartmouth College – an Ivy League School – stopped requiring SAT/ACT scores for its applicants during the pandemic. Now that there aren’t health concerns in taking the test anymore, the college decided to take a look at whether they should reinstate these standardized tests as a requirement.
The
Effective This Year, SB 497 Makes It Easier for California Employees To File Retaliation Cases
Joy Rosenquist talks about the steps employers in California can take to address new compliance concerns under SB 497, including employee discipline or termination issues.
Continuing Education of the Bar (CEB)
View (Subscription required.)
Effective DEI Programs Need Alignment Among Executives
Jeanine Conley Daves explains why an organization’s key players, including CDOs, C-suites and legal officers, should collaborate and communicate on their IE&D programs.
WorldatWork
Appellate Practice Group Roundtable: Do’s and Don’ts of Oral Argument
Avery Bennett and Emily A. McNee report on the Litigation Section’s Appellate Practice Committee’s panel of appellate judges, who covered best practices in appellate oral advocacy, including advice on being an effective oral advocate.
American Bar Association
View (Subscription required.)