President Donald Trump’s budget proposal projects that both the EEOC and OFCCP will be “doing more with less.” Consequently, the agencies plan to focus resources.
Articles on U.S. Labor, Employment, Benefits & Immigration Law
Court Refuses to Enforce “Misleading” and “Sham” Arbitration Agreements
Courts usually enforce mandatory arbitration agreements in the employment context if the agreements are not too one-sided.
The Dark Web and its Impact on Small Business
Most business owners are all too familiar with identity theft. What they might not be sufficiently aware of is the “Dark Web” where identity theft thieves buy and sell stolen personal information.
Risky Wager – the Hidden Liability of March Madness Office Pools
Executive Summary: March Madness, the NCAA Division 1 college basketball tournament, is rapidly approaching. Second in betting popularity only to the Super Bowl, some have predicted as much as $3 billion will be bet on workplace bracket pools during March Madness this year.
Court Finds Individualized Issues Predominate and Grants Company’s Motion to Decertify Branch Administrators’ Class
The United States District Court for the Southern District of Indiana recently decided a case highlighting the importance of clear employer policies when it comes to wage payment issues.
What Am I Doing Wrong?? Common FMLA Mistakes (February 20, 2018)
“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the thirteenth in a series highlighting some of the more common mistakes employers can inadvertently make regarding FMLA administration.
“It’s the Culture, Stupid” (Part II): But Companies Cannot Bear the Burden Alone
Last month, we focused on what courageous steps organizations will have to take in response to emerging cultural shift reflected in movements that include “#MeToo” and “Times Up.” However, if meaningful culture change is going to ever happen, is too much of the national conversation focused on what companies need to do? Join Littler Principal Cindy-Ann Thomas and Rockhurst University Communication Professor, Dr. LaKresha Graham as they consider the following:
NLRB Reverses Course
Employers should take note of several important pronouncements by the National Labor Relations Board issued at the end of 2017, reversing key Obama-Era NLRB rulings and interpretations of federal labor law. More such rulings are expected in 2018 and beyond under a new Republican dominated Board.
The EEOC Phoenix District Office Challenges Releases Waiving Future Financial Liability for Discrimination Claims
A recent settlement shows that the Equal Employment Opportunity Commission (EEOC) continues, from time to time, to take the position in litigation that an employee’s private release may not waive the employee’s right to receive future financial relief in an EEOC discrimination action.
RECENT LEGISLATION WILL AFFECT 401(K) HARDSHIP DISTRIBUTIONS
Just a few weeks ago, the federal government avoided a potentially lengthy government shutdown when Congress passed and the President signed into law the Bipartisan Budget Act of 2018 (the “Act”). You may already know that the Act extends funding for the federal government until March 23, 2018. However, what you may not know is that hidden in the Act are provisions that will change some of the rules relating to hardship distributions from 401(k) plans.
Surge of ICE Raids Expected in California Following State Adoption of Immigration Laws
California seems to be at odds with the Trump Administration over many subjects, including the legalization of marijuana, the expansion of off-shore drilling, the elimination of state and local tax deductions, and immigration.
Second Federal Court Injunction Issued to Keep DACA in Place, Fate Remains Uncertain
Following January’s ruling by Judge William Alsup in San Francisco, a second federal court has issued a nationwide injunction ordering the government to keep DACA in place. Judge Nicolas G. Garaufis of the US District Court in Brooklyn, New York ruled that the rescission of DACA was “arbitrary and capricious” and that the equities and reliance interests favored an injunction.
Ignorance of Interplay between FMLA and ADA Can Be Costly To Employers
One mistake often made by employers is assuming that after an employee has exhausted his or her 12 weeks of protected Family Medical Leave Act (FMLA) leave, the employer’s obligation is fulfilled.
Protecting the Collected Knowhow of an Assembled and Trained Workforce
The notion of protecting knowhow is strange to those who think of intellectual property as comprising patents, trademarks, and copyrights. Knowhow is not associated with agencies of the US federal government that issue “Letters Patent” and Trademark and Copyright Registration Certificates. Knowhow has no federal agency to give it sovereign gravitas. However, public and private schools issue documents, such as diplomas, degrees and certificates, that indicate particular students have demonstrated knowhow by meeting defined requirements.
Changes to EEO-1 Reporting for Employees at Client Sites
As we shared previously, the portal is currently open for EEO-1 Reporting. In addition to the change in timing of reporting and other administrative items, the EEOC Joint Reporting Commission has made a change to the way employers must report certain types of employees.