According to a recent decision from a federal district court in Illinois, Bose Corp. may monitor and collect information about the music and audio files consumers choose to play through its wireless products and transmit that information to third parties without the consumers’ knowledge. Such action does not violate the federal Wiretap Act or the Illinois Eavesdropping Statute. As such, the Court granted Bose’s motion to dismiss the plaintiff’s class action claims.
Articles on U.S. Labor, Employment, Benefits & Immigration Law
Plaintiff With PTSD Not Disabled Under The ADA, Sixth Circuit Rules
The Sixth Circuit’s ruling in Tinsley v. Caterpillar Fin. Servs., Corp., No. 18-5303 (6th Cir. Mar. 20, 2019) is a good reminder that not all impairments rise to the level of a “disability” within the meaning of the Americans with Disabilities Act (“ADA”). In addition to showing a physical or mental impairment, ADA plaintiffs also must show that the impairment “substantially limits one or more major life activities” to have a disability under the ADA.
EEO-1 Pay Data Update: No Decision Yet
At the end of today’s hearing regarding employers’ EEO-1 pay data reporting obligations, Judge Tanya S. Chutkan entered an Order giving the parties until the end of the day on Monday, April 22 to file summaries of the day’s hearings and proposed Orders with corresponding case law for her to review.
Small Michigan Medical Practice To Close Following Ransomware Attack
Small and midsized enterprises (SMEs) continue to be targeted by ransomware, phishing and other cyberattacks; the consequences of which could be devastating. Those consequences include putting SMEs out of business, which is unfortunately the case for one small medical practice in Battle Creek, Michigan, as reported by HIPAAJournal.
Immigration Enforcement and I-9 Audits Skyrocket, Affecting the Construction Industry
In this podcast, Russ McEwan, a Littler shareholder in the Newark office, and Sean McCrory, an associate in the Dallas office, discuss immigration enforcement trends affecting the construction industry – particularly I-9 audits.
OFCCP and ODEP Provide Insights for Good Disability and Inclusion Practices
Last Week, OFCCP Director Craig Leen and Deputy Assistant Secretary of the Office of Disability Employment Policy (“ODEP”) Jennifer Sheehy, joined with the National Industry Liaison Group to discuss disability and inclusion.
The Latest Developments in Federal Labor Policy
Over the past several weeks, there has been very significant activity with regard to rulemakings and court decisions concerning the U.S. Department of Labor (DOL), the Equal Employment Opportunity Commission (EEOC), the National Labor Relations Board (NLRB), and the Office of Federal Contract Compliance Programs (OFCCP).
The Heat is Off… Review Commission Reverses Decision in Heat Stress Case
On February 28, 2019, the Occupational Safety and Health Review Commission (OSHRC) issued a much anticipated decision in the case of Secretary of Labor v. A.H. Sturgill Roofing, Inc.
Breaking News: OFCCP Proposes Revised Scheduling Letters for Section 503 and VEVRAA Data
On April 12, 2019, OFCCP posted on the Federal Register for Notice and Comment revised scheduling letters for Section 503 and VEVRAA Focused Reviews, Compliance Checks and regular establishment compliance reviews. The proposed Establishment and Focused Review scheduling letters significantly increase the data submission required for veterans and individuals with disabilities, including hiring and compensation information. Comments are due June 11, 2019.
Top Five Labor Law Developments for March 2019
The National Labor Relations Board (NLRB) ruled that a private-sector union may not require non-member objectors (known as Beck objectors) to pay for its political lobbying expenses. United Nurses and Applied Professionals (Kent Hospital), 367 NLRB No. 94 (Mar. 1, 2019).
Full Enforcement of REAL ID Act Set for October 1, 2020
Because some of the 9/11 terrorists used fraudulent driver’s licenses to travel, Congress passed the REAL ID Act in 2005 to comply with the 9/11 Commission’s recommendation that the federal government establish minimum standards for the issuance of forms of identification, such as state driver’s licenses. After many starts, stops, and delays, the deadline set by the government for full enforcement of the Act is October 1, 2020. By that date, individuals must have compliant IDs in order to access certain federal facilities, enter nuclear power plants, and, importantly, board any commercial aircraft – even for in-country flights.
Compass® Newsletter – Spring 2019
Articles in this issue D.C. Download Top Tips for Effective Investigatory Interviews It’s About (Over) Time: The DOL’s New Part 451 Overtime Rule Digging into Data: Electronic Discovery in the Digital Age
What Am I Doing Wrong?? Common FMLA Mistakes (April 11, 2019)
“What did I do wrong?” and “Am I doing this correctly” are frequent questions from clients regarding FMLA administration. This is the 22nd blog in this series, which digs into the FMLA regulations to address discrete mis-steps that can result in legal liability.
Judge Orders Hearing in EEO-1 Pay Data Reporting Case
It appears employers will need to wait a bit longer to learn when they will be required to file their EEO-1 pay data.
Received a No-Match Letter from SSA?
The Social Security Administration (SSA) No-Match letters to employers are notifications from SSA that an individual employee’s W-2 form does not match SSA’s records. The letters also inform employers that corrections are necessary and direct employers to use the SSA’s Business Services Online (BSO) database, which requires registration, to find out exactly which employees came up as “mismatched” and to respond.