The Obama Administration chose to offer immigration protection to younger undocumented immigrants through the “Deferred Action Process for Young People” program. What could this potentially mean for your company?
Supreme Court Holds that Public Sector Unions Must Provide Nonmembers Notice and Opportunity to Opt Out of Special Assessments or Fee Increases
Calling the SEIU’s “aggressive use of power to collect fees from nonmembers indefensible,” the U.S. Supreme Court, in a 7-2 decision, has held that the union violated the First Amendment by not sending a new Hudson notice when it levied a special assessment to meet expenses that were not disclosed when the amount of the regular assessment was set.
DOL to Host Webinar on FMLA
The Wage and Hour Division of the Department of Labor (DOL) has announced that it will host a free webinar on June 27, 2012 at 2:00 pm EST to help workers and employers understand the Family and Medical Leave Act (FMLA). According to the DOL, participants will have the opportunity to submit questions that will be answered by an FMLA expert from the department. Those who wish to participate can register on the agency’s web site at: http://www.dol.gov/whd/fmla/ (click on the FMLA Webinar Page).
New Initiatives for Veterans Present Opportunities, Challenges for Employers
The Obama Administration’s recently issued policy directives and the issuance of new guidance documents by the Equal Employment Opportunity Commission (EEOC) suggest increased scrutiny on the part of the EEOC when it comes to the hiring and employment of veterans, particularly those who may be disabled.
Legal Alert: Supreme Court Finds Pharmaceutical Sales Reps Exempt
The U.S. Supreme Court held today that pharmaceutical sales representatives qualify as “outside salesmen” and, accordingly, are exempt from the overtime requirements of the federal Fair Labor Standards Act (FLSA). See Christopher v. SmithKline Beecham Corp. (No. 11-204, U.S. June 18, 2012). Importantly, the Court also refused to give controlling deference to the Department of Labor’s (DOL) change of position in interpreting the regulation to exclude these employees, which was first announced in amicus briefs filed in court litigation. The Court noted that where, as here, an agency’s announcement of its interpretation is preceded by a lengthy period of conspicuous inaction, “the potential for unfair surprise is acute.”
Frito-Lay Appeals ARB Ruling Which Granted OFCCP Access to Data
Frito-Lay Inc. has been involved in litigation with the Office of Federal Contract Compliance Programs (OFCCP) over the agency’s ability to obtain data after the date of the compliance review scheduling letter. The Company prevailed before the ALJ but on May 8, the Administrative Review Board (ARB) reversed the ALJ decision and ruled in favor of the OFCCP. On June 5, 2012, the Company filed suit against the OFCCP in Texas federal district court in light of the ARB ruling.