How are U.S. employers approaching the economic “recovery” from the recession and what strategies are being employed by them, particularly in relation to unionized workforces?
Legal Alert: March Madness – Could Friendly Wagers Among Employees Put Your Organization At Risk?
Executive Summary: March Madness, Super Bowl, and Fantasy Football pools have become ingrained in the American workplace and seem harmless to many; however, permitting such activities creates a wide range of risks for employers, from productivity loss to discrimination and disability issues and even criminal penalties. Newly allowed online gambling can also create headaches for employers and IT departments. Before turning a blind eye or participating in the pool, here are a few risks with which employers should become familiar.
Legal Alert: California’s Gentry Rule under Challenge
Executive Summary: The U.S. Supreme Court has vacated the decision of a California state court, which held that a trial court should apply the factors set out in the California Supreme Court’s 2007 decision in Gentry v. Superior Court to determine whether a pre-employment arbitration agreement containing a class-action waiver is enforceable. The U.S. Supreme Court remanded the case to the state court for further consideration in light of the Supreme Court’s decision in American Express Co. v. Italian Colors Restaurant (2013). See CarMax Auto Superstores California v. Fowler, No. 13-439 (February 24, 2014).
Legal Alert: VETS Issues Proposed Regulations Revising VEVRAA Reporting Requirements
Executive Summary: The Veterans Employment and Training Service (VETS) has published a Notice of Proposed Rulemaking (NPRM) in which the agency proposes revising the regulations addressing reporting requirements under the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA).
Healthcare Legal Alert: The Full Quorum Strikes Back – NLRB’s Ambush Election Rules Revived
Executive Summary: With a full quorum of Board members and a 3-to-2 political majority in the Democrats’ favor, the National Labor Relations Board (NLRB) has resurrected proposed rule changes that would drastically affect future representation elections and hamstring an employer’s ability to defend against a petitioning union.
Legal Alert: Final Regulations on Affordable Care Act’s Employer Mandate Issued โ Part 1
Executive Summary: Under final regulations issued by the U.S. Treasury Department on February 10, 2014, employers with at least 50 but fewer than 100 employees will not be required to comply with the employer shared responsibility provision of the Affordable Care Act (ACA) until January 1, 2016. Employers with at least 100 employees will be required to comply with this provision beginning January 1, 2015.
Legal Alert: Employers Must be Prepared to Deal with the Aftermath of the Recent Winter Storms
Executive Summary: Much of the country has suffered through a series of punishing winter storms this year. With the number of snow days mounting, employers must determine whether closing the office means having to pay workers who stay home, being on the hook for unemployment compensation, and whether workers’ compensation applies to weather related injuries.
Legal Alert: President Obama Signs Executive Order Raising Minimum Wage for Service and Construction Contracts
Executive Summary: On February 12, 2014, President Obama signed an Executive Order raising the minimum wage for employees who work on procurement contracts for services or construction to $10.10 per hour.
Legal Alert: Newark City Council Passes Paid Sick Leave Ordinance; Mayor Expected To Approve Measure
Executive Summary: Following Jersey City’s lead, New Jersey’s largest city is poised to enact an ordinance that would require employers to provide up to 40 hours per year of paid sick time to Newark employees.
Legal Alert: Tennessee Employee Gun Owner Protection Amendment Voted Down
Executive summary: On February 5, 2014, members of the Tennessee Senate voted down an amendment that would have created a specific employment protection for gun owners. The amendment sought to add a provision to the controversial “guns in trunks” law passed last year by the General Assembly, which would have prohibited Tennessee employers from terminating gun owners based on their exercise of the rights protected by the guns in trunks law.
Legal Alert: President Obama Plans to Sign Executive Order Raising Minimum Wage for Some Federal Contract Workers
Executive Summary: President Obama announced in his State of the Union address on January 28 that he plans to sign an Executive Order requiring that workers on new federal contracts be paid at least $10.10 per hour, well above the current federal minimum wage of $7.25 per hour.
Legal Alert: OFCCP CSAL Letters Will be Released Soon
The Office of Federal Contract Compliance Programs (OFCCP) likely will be sending out advanced courtesy notifications (formerly known as Corporate Scheduling Announcement Letters or CSALs), to establishments that have been selected to undergo a compliance evaluation during the upcoming scheduling cycle. This letter does not schedule a compliance evaluation, but instead notifies a facility that it will probably undergo a compliance evaluation during the next scheduling cycle.
Legal Alert: New Gender Equity Poster and Notice Required for New Jersey Employers
Executive Summary: The New Jersey Department of Labor and Workforce Development has issued the final form for required gender equity posters and notices. Effective January 2014, New Jersey employers with 50 or more employees must conspicuously post a notice informing employees of their right to be free of gender inequity or bias in pay, compensation, benefits or other terms or conditions of employment.
Legal Alert: The OFCCP Disability Self-Identification Form Has Been Finalized
On January 22, 2014, the Office of Management and Budget (OMB) approved the OFCCP’s disability status form, which will be used by federal contractors. Revised regulations under the Rehabilitation Act will require federal contractors to invite applicants and employees to voluntarily identify themselves as disabled; the invitation must be extended using this specific form. Employers may use this form in an electronically fillable format provided that the electronic version displays the OMB number and expiration date, contains the exact text of the OMB approved form, uses a sans-serif font, and uses at least an 11-pitch font size.
Healthcare Industry Legal Alert: Nursing Home Settles Genetic Information Discrimination Lawsuit
Executive Summary: On January 13, 2014, the Equal Employment Opportunity Commission (“EEOC”) announced the former operator of a nursing home and rehabilitation center in Corning, New York had agreed to pay $370,000 to settle a lawsuit filed by the EEOC alleging violations of the Genetic Information Nondiscrimination Act (“GINA”). In the lawsuit, the EEOC alleged the nursing home operator requested family medical history as part of its post-offer, pre-employment medical exams of applicants. The EEOC also claimed that the nursing home operator fired two employees because they were perceived to be disabled, in violation of the Americans with Disabilities Act (“ADA”), and refused to hire or fired three women because they were pregnant, in violation of the Title VII of the Civil Rights Act of 1964 (“Title VII”).