Illinois Governor JB Pritzker recently signed into law two bills addressing employee leave. The Family Bereavement Leave Act (FBLA) provides eligible employees with unpaid time off to grieve the death of a family member covered by the act, and it provides employees with time off due to certain pregnancy- or
Illinois Governor Signs Bills Expanding Contractors’ Liability for Unpaid Wages of Subcontractors’ Workers
On June 10, 2022, Illinois Governor JB Pritzker signed House Bill 5412 and its trailer bill, House Bill 4600, into law. Both bills amend the Illinois Wage Payment and Collection Act (WPCA) to make certain primary contractors liable for any debt owed by a subcontractor—at any tier— relating to the
Supreme Court Declines to Resolve Circuit Split on Exercise of Personal Jurisdiction in FLSA Collective Actions
On June 6, 2022, the Supreme Court of the United States declined to hear petitions seeking review of whether federal courts may exercise personal jurisdiction over claims of nonresident plaintiffs who join Fair Labor Standards Act (FLSA) collective actions when their claims are not connected to the defendant’s activities in
Des Moines Passes ‘Ban the Box’ Law Prohibiting Criminal Inquiries on Job Applications
On November 15, 2021, the city of Des Moines, Iowa, passed a “ban-the-box” law that will limit employer inquiries and background checks into an applicant’s criminal history until after a conditional offer of employment. Though the law was passed and has already taken effect, it has received little fanfare and
Seventh Circuit: Actual Denial of FMLA Benefits Is Not an Element of FMLA Interference
The Seventh Circuit Court of Appeals recently held that the Family and Medical Leave Act (FMLA) does not require actual denial of FMLA leave to find liability based on interference with FMLA rights.
Excusing False Positive Drug Test Caused by CBD Use May Be a Reasonable Accommodation, Says U.S. District Court in Louisiana
A federal district court in Louisiana, in Huber v. Blue Cross & Blue Shield of Florida, Inc., recently denied an employer’s motion for summary judgment in an Americans with Disabilities Act (ADA) and Louisiana Employment Discrimination Law (LEDL) case, finding, among other things, that accounting for and excusing a false
Recognizing Juneteenth and Strengthening Commitment to Diversity
June 2022 marks one year since President Joe Biden signed the Juneteenth National Independence Day Act on June 17, 2021, designating Juneteenth as the 11th federally recognized public holiday in the United States.
Fifth Circuit Relied on ‘Next to No Evidence’ of Animus in Discrimination Suit
On May 13, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed summary judgment in favor of an employer, finding that a fired employee had failed to create a genuine dispute of material fact as to pretext. In Owens v. Circassia Pharmaceuticals, Inc., the court affirmed summary judgment
U.S. Employment-Based Immigration Sponsorship Fees: Who Is Required to Pay?
Employers and employees alike often inquire as to who may pay immigration sponsorship fees for certain nonimmigrant petitions and the permanent residency (green card) process. The answer often depends on a few details, including the specific immigration process, who is requesting the fee, the visa type, and the specific expense.
New York Passes Bill Requiring Compensation Ranges in Job Postings
On June 1, 2022, the New York State Legislature passed Senate Bill S9427A, which would amend the New York Labor Law (NYLL) by requiring that employers disclose compensation ranges in job, promotion, and transfer advertisements. This bill comes on the heels of New York City’s recent enactment of a similar
Supreme Court Sides With Viking River Over Arbitration of California PAGA Claims
On June 15, 2022, the Supreme Court of the United States ruled in favor of Viking River Cruises Inc. in a case over whether it could use an arbitration agreement to force a lawsuit brought under California’s Private Attorneys General Act (PAGA) on behalf of aggrieved employees into arbitration. In
Charging Party Who Did Not Timely Open Link in EEOC Email Loses Her Chance to Sue
The day that a plaintiff receives the U.S. Equal Employment Opportunity Commission’s (EEOC) notice of his or her right to sue starts the running of the ninety-day period to file a lawsuit—not the date the plaintiff (or the plaintiff’s lawyer) opens the link to the right-to-sue letter, according to the
Beltway Buzz, June 10, 2022
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.
Workplace Strategies Watercooler: OFCCP’s New Compliance and Enforcement Initiatives
In this podcast, Scott Kelly, co-chair of Ogletree Deakins’ Affirmative Action and OFCCP Compliance Practice Group, sits down with Hera Arsen, the firm’s director of content at Workplace Strategies, Ogletree Deakins’ national labor and employment law seminar for human resources professionals and in-house counsel, to discuss recent directives and regulatory initiatives from the Office of Federal Contract Compliance Programs (OFCCP).
Minnesota Department of Labor and Industry Posts Approved Employer Notice for Frontline Worker Pay Law
On June 7, 2022, the Minnesota Department of Labor and Industry (MNDOLI) issued its long-awaited approved employer notice regarding requirements under the Frontline Worker Pay Law.
Social Profiles