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Home > Federal Law Articles

Articles on U.S. Labor, Employment, Benefits & Immigration Law

OFCCP PUBLISHES LIST OF CONTRACTORS WHOSE EEO-1 REPORTS WILL BE RELEASED AND OFFERS ONE LAST CHANCE TO OBJECT

February 6, 2023 | Ford Harrison Filed Under: OFCCP

On August 19, OFCCP published a Notice in the Federal Register alerting federal contractors that it received a Freedom of Information Act (FOIA) request from the Center for Investigative Reporting (CIR) seeking all federal prime contractors’ and first-tier subcontractors’ EEO-1 Type 2 Consolidated Reports for the period 2016-2020. On February 2, 2023, OFCCP released a list of contractors whose EEO-1 reports will be released unless they submit written objections no later than 11:59 p.m. EST on February 7, 2023. 

ELEVENTH CIRCUIT REINFORCES FLUCTUATING WORKWEEK METHOD OF PAYING OVERTIME

February 6, 2023 | Ford Harrison Filed Under: Overtime

The federal Department of Labor (DOL) has long interpreted the Fair Labor Standards Act (FLSA) to allow an employer to pay a nonexempt employee a fixed salary for all hours worked in a workweek and “half-time” of an employee’s regular rate for all hours worked greater than forty in a workweek, instead of “time-and-a-half” pay for those hours. This method of pay — called the “fluctuating workweek method” — may be used when a nonexempt employee’s weekly hours vary.

Will U.S. Supreme Court Place an Undue Hardship on Employers When It Decides Groff v. DeJoy?

February 6, 2023 | Jackson Lewis Filed Under: General (Religious Discrimination)

Jackson Lewis

The U.S. Supreme Court is set to consider whether its own definition of “undue hardship” with respect to religious accommodation requests, which employers have relied upon for more than 45 years, remains valid when it hears oral argument in Groff v. DeJoy, No. 22-174.

Bipartisan Bill to Ban Most Non-Compete Agreements Reintroduced in U.S. Senate

February 6, 2023 | Jackson Lewis Filed Under: Restrictive Covenants

Jackson Lewis

A bipartisan group of U.S. Senators has reintroduced a bill, dubbed the “Workforce Mobility Act of 2023,” that would largely ban the use of employer non-compete agreements nationwide as a matter of federal law. 

The Year Ahead in Caffeinated Organizing

February 6, 2023 | Jackson Lewis Filed Under: Union Organizing

Jackson Lewis

With a White House and NLRB that are more pro-labor than most recent past administrations, a “labor renaissance” will be the overarching theme of 2023. Jackson Lewis principals Laura A. Pierson-Scheinberg and Felice B. Ekelman discuss what employers could or should do, especially since the “renaissance” is less governmental and more groundswell.

The Year Ahead in Expanding Privacy Laws: CCPA/CPRA, AI, Electronic Surveillance

February 6, 2023 | Jackson Lewis Filed Under: Privacy And Surveillance

Jackson Lewis

The advanced technologies that facilitated much of the organizational productivity and business profitability during the pandemic will continue to raise legal and compliance issues in 2023. Listen as Jackson Lewis principals Jason C. Gavejian and Joseph J. Lazzarotti discuss the top issues data collection and use are causing for employers.

The Year Ahead in Cannabis Use Protections

February 6, 2023 | Jackson Lewis Filed Under: Drugs & Alcohol

Jackson Lewis

As courts increasingly enforce applicable state and local laws that make marijuana legal instead of the federal law that makes it illegal, workplace substance abuse policies need a re-look. Jackson Lewis principals Catherine Cano and Kathryn Russo share insights on how the rapidly proliferating laws protecting marijuana and CBD are making marijuana issues for employers more complex.

What’s New in Paid Family and Medical Leave in 2023?

February 3, 2023 | Littler Filed Under: General (FMLA)

Littler

Changes to paid family and medical leave will occur in 10 states and the District of Columbia this year. This Insight provides an overview of these changes, links to relevant articles, and some bad puns.

Breaking News: OFCCP Posts List of Contractors Whose EEO-1 Data Will Be Released on February 8, 2023

February 3, 2023 | Jackson Lewis Filed Under: OFCCP

Jackson Lewis

In an attempt to give contractors a final opportunity to object to release of their EEO-1 data, OFCCP has posted a list of contractors for whom the Agency will release the reports in response to the FOIA request filed by the Center for Investigative Reporting.

OFCCP’s e-mail message states:

To

Beltway Buzz, February 3, 2023

February 3, 2023 | Ogletree Deakins Filed Under: General (Gov Agencies)

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.

Judge Overrules Intern’s Service Dog Lawsuit Against Hospital

February 3, 2023 | Working Solutions NYC Filed Under: Reasonable Accommodation

Service dogs are becoming increasingly common in workplace accommodations requested by employees that have disabilities. In January 2023, U.S. District Judge Paul D. Borman granted a hospital’s request for summary judgment after a student intern sued the facility for disability discrimination when her service dog accommodation was removed. A summary


Microsoft Plans to Warn All Employees of Termination with 60 Days Notice

February 3, 2023 | Working Solutions NYC Filed Under: General (WARN)

Microsoft announced it would lay off 10,000 workers this month, on trend with other companies in the industry including Amazon and Meta. One of the largest tech companies in the world, Microsoft’s CEO, Satya Natella, referenced economic turbulence and suggested the company was strategizing for the next wave of

USCIS Announces Extension of Validity of Certain Green Cards

February 3, 2023 | Jackson Lewis Filed Under: General (Immigration)

Jackson Lewis

USCIS is extending the validity of conditional permanent residence cards, or green cards, for 48 months beyond the card’s expiration date.

The move is in response to the long processing delays for those filing petitions to remove conditions on residence – the Form I-751, Petition to Remove Conditions on Residence


DHS to Streamline Adjudication of Extension of Status, Change of Status, and Work Authorization Applications for Spouses and Children of Certain Visa Holders

February 3, 2023 | Littler Filed Under: Visas

Littler

On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement in Edakunni v. Mayorkas. As a result of the settlement, U.S. Citizenship and Immigration Services (USCIS) has agreed to resume its policy of adjudicating extension of status, change of status, and employment authorization applications filed

EEOC Hears Testimony Concerning Employment Discrimination in Artificial Intelligence and Automated Systems

February 3, 2023 | Ogletree Deakins Filed Under: EEOC

On January 31, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) held a public hearing, titled, “Navigating Employment Discrimination in AI and Automated Systems: A New Civil Rights Frontier,” to receive panelist testimony concerning the use of automated systems, including artificial intelligence, by employers in employment decisions.

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