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Welcome to Legal Briefs for HR (LB4HR), a monthly update written by labor and employment partner Audrey Mross on employment issues and shared with over 6,000 individual HR professionals, in-house counsel and business owners, plus HR and legal professional organizations (who have been given permission to republish content via their newsletters and websites).  LB4HR helps you stay in the know about employment issues.  Recent issues are listed below.  If you would like to receive LB4HR, click here to subscribe.

DOL issued a final rule expanding the types of persons who would be seen as fiduciaries with regard to employee benefit plans, including certain investment advisors, causing some to fear noncompliance if a retroactive effective date came into play - DOL to issue a temporary enforcement policy saying there would be no enforcement for non-compliance with the final rule during the gap period (i.e., time between April… [Read More]
See what’s happening in the new administration and how it will affect employers regarding the DOL, EEOC, NLRB, Supreme Court nominee, and immigration; IRA reports new scam involving employee W-2s and how to keep your company from falling victim; Updated Invitation to Self-Identify form available from the OFCCP and must be used by Feb. 10; U.S. House blocks what remains of the E.C 13673 blacklisting rule and… [Read More]
FLSA white collar exemptions still on hold, DOL grants expedited appeal briefing with oral arguments scheduled Jan. 31; NLRB judge reverses decision regarding Citigroup employee handbook policy regarding class-action waivers, relying on two prior 5th circuit decisions; [Read More]
Lawsuit filed by 21 states’ AGs causes a nationwide injunction on DOL “white collar exemptions” set to take effect Dec.1; DOL’s persuader rule officially dead thanks to a permanent injunction issued on November 16; Judge issues prelim. injunction for federal contractor that would require them to report any labor law violations; DOD issued class deviation to FARs banning them from using contractors with confidentiality agreements; As of… [Read More]
Many states are providing job-protected time off for employees who go vote on election day; Ruling in Hively v. Ivy Tech case regarding employment discrimination based on sexual orientation is reversed; New EEO-1 Report (Standard Form 100) are available and will take effect next year; FLSA set to increase the minimum salary pertaining certain exemptions on December 1, 2016; The ADEA does not protect prospective employees against… [Read More]
Dodd-Frank Wall Street Reform Act provides incentives for whistleblowers, while the SEC monitors employer agreements and how they explain employee rights; The DOL signs MOU to help identify improper classification of employees as part of misclassification initiative; NLRB advises that misclassification of independent contractors violates section 8 of the NRLA by depriving section 7 rights; Final rules and guidance issued regarding the Fair Pay and Safe Workplace… [Read More]
Deadline for filing the EEO-1 workplace report on gender and race demographics, as well as the VETS-4212 affirmative action reports employing veterans for qualifying EEO jobs groups, is September 30th; States consider what falls under the umbrella of employment discrimination as it relates to sexual orientation, gender identity, and gender expression; OSHA pushes deadline on new regulation compliance from August 10 to November 1; OSHA web… [Read More]
District Court Judge issues injunction 3 days before DOL’s “persuader rule” takes effect; Appeal for Texas v. EEOC, case remanded back to district court; Supreme Court upholds injunction stopping enforcement of DAPA and parts of DACA; U.S. Citizenship & Immigration Services to shut down idle E-verify accounts beginning August 1, 2016; EEOC Chair plans to minimize burden on employers by revising the EEO-1 Report; Special EEOC task… [Read More]
FLSA’s “white collar” exemptions take effect December 1, employers trying to identify necessary changes, while Congress seeks to nullify new reg; EEOC issues new guidance on the “Employer-Provided Leave and the Americans with Disabilities Act” which addresses misconceptions on when employee’s should return to work, employer policies, and other reasonable accommodations; [Read More]
Federal government steps in over bathroom debate after North Carolina's H.B. 2 mandates that individuals use gender-specific bathrooms matching gender as stated on birth certificate - with U.S. DOJ advising that H.B. 2 violates Title VII and Title IX; DTSA gives employers new tool to protect from trade secret misappropriation where the person is acting as a "whistleblower"; "White collar" exemptions set to be published May… [Read More]
Privacy protections for employers to consider stemming from recent jury verdicts awarded to Erin Andrews and Hulk Hogan; IRS issues warning on phishing scam seeking employees' personal identity information; [Read More]
DOL Secretary expecting final rule revising the FLSA "white collar" exemptions by the spring of 2016; Guidance for Employers Conducting Internal Employment Eligibility Verification Form I-9 Audits just released as helpful tool in keeping companies compliant; Event planning company tagged by administrative judge for $605,250 in reduced fines for I-9 violations; NLRB opined December 2015 that Whole Foods Market's policy prohibiting video and audio recording in the… [Read More]
NLRB taking a closer look at employee handbook policies; White House issues press release announcing "ban the box" trending; Supreme Court held that nonexempt employees should not be compensated for the time spent on pre-exit security checks; OSHA gets OK to effect a one-time "catch-up" increase in their fines starting August 2016; OSHA not a fan of employer programs with reward incentives for lack of workplace accidents;… [Read More]
U.S. Congress subcommittee heard feedback from association reps for restaurant, construction and retail employers that the proposed increase in the amount of salary necessary to satisfy the "white collar" exemptions under the Fair Labor Standards Act (FLSA) does not take into account regional economies or an employee's total compensation package; [Read More]
NLRB sets refined standard for determining joint employment; EEOC sees certain employment tests and screening procedures can violate laws; DOL justifies its shift in policy due to dramatic transformation of the home care industry between 1974 and now; [Read More]
Federal contractors and subcontractors need to be on the lookout for changes regarding minimum paid leave per year for employees, federal contractor reporting forms, invalidation of three-year EADs (used to help validate authorization to work in U.S.), and unpaid internships; The dentist who shot Cecil the Lion was sued nine years ago for sexual harassment by a female employee, with the matter reportedly being settled to the… [Read More]
SCOTUS ruling on Same-Sex Marriage supports the right to marry, regardless of gender, and could mean some updates needed on benefit plans and policies that implicate marital status; Notice of Proposed Rulemaking made public June 30th for DOL to increase the number of people eligible for overtime pay; EEOC enacting "ban the box" to limit employer access to criminal history and background checks prior to hiring; FMLA… [Read More]
Supreme Court accepts cert in the EEOC's claim of religious discrimination against Abercrombie & Fitch for refusing to extend an employment offer to a Muslim teenager who wore a headscarf/ hajib to a job interview - making it a must for those who are tasked with input on hiring to be trained on employment law basics, like reasonable accommodation of religion; Challenge to E.O. 13496's poster requirement… [Read More]
EEOC is tasked with enforcing several employment discrimination laws, including Title VII of the Civil Rights Act of 1964; A 6th Circuit case that explained “attendance” as an essential function of the job does not necessarily mean the employee must be physically in the workplace, opening the door to more widespread use of telecommuting as a reasonable accommodation of various disabilities; Employers who have been keen on… [Read More]
EEOC class action approved; temporary injunction stops deportation of immigrants; Wal-Mart increases internal minimum wage; The EEOC and DOL have partnered on a new hiring guide aimed at federal contractors entitled “Recruiting, Hiring, Retaining and Promoting People with Disabilities.” [Read More]
Pregnancy-related conditions should be treated as ADA-qualifying disabilities; class action against poaching in Silicon Valley; First whistleblower protection has been announced by the SEC; letter to the President asking prior convictions questions be banned on application; Movement to increase maternity leave; Definition of "spouse" under FMLA was expanded; ABA Labor and Employment FMLA case subsection; [Read More]
Proposed changes to ACA; presidential executive order on immigration; new OSHA reporting requirements; OFCCP clarification of VEVRAA pre- and post-offer invitations to self-identify; employer’s own FMLA policy does damage to its case; the importance of good policy and supervisor training on FLSA; employer’s “no caps” policy survives NLRB attack; smartphone microbreaks make your employees happier and more productive, per university study; [Read More]
No pay for security check time; new federal contractor rules for LBGT discrimination and discussion of wages; new NLRB member; $185M punitive damage award in pregnancy discrimination case; Texas and other suing U.S. over immigration executive order; EEOC must produce evidence of its own hiring practices to employer it sued; DHHS fines Alaskan nonprofit $150K over lax IT security; [Read More]
LinkedIn lawsuit under FCRA; FCRA suit settled by Publix for $6.8 million; EEOC sues third employer over wellness program; recreational pot OK’d in three more states; mandatory sick pay OK’d by voters in MA and three NJ and CA cities; state and local law increases in minimum wage; IRS and HHS response to Ebola scare; EEOC overbroad subpoena nixed; 6th Circuit upholds state law bans on same-sex… [Read More]
DOL WHD enforcement stats released; IRS guidance on ACA; Supreme Court will decide security checkpoints as “hours worked”; federal contractors get new regulations for $10.10 minimum wage and revised VETS reporting; EEOC files second lawsuit against employer’s wellness programs; Supreme Court will decide if express notice of needed religious accommodation is required; job-protected time off for employees on election day; [Read More]
Post-Hobby Lobby changes to ACA religious exceptions; OFCCP Equal Pay Survey proposed; EEO-1 reports due soon; Oakland Raiderettes lawsuit settled; telecommuting as ADA reasonable accommodation decision to be reheard by 6th Circuit; idea for handling email during vacation; employer violated NLRA by having unwritten policy prohibiting employee discussion of disciplinary actions; Silicon Valley employee poaching lawsuit set for trial soon; [Read More]
EEOC guidance on pregnancy accommodation; new obligations on federal contractors relating to nondiscrimination (sexual orientation and gender identity) and lack of labor law violations as condition of doing business with the federal government; [Read More]
Noncompetes in Texas; Supreme Court decisions in NLRB v. Noel Canning, Burwell v. Hobby Lobby and Harris v. Quinn; executive order to plan LGBT discrimination by federal contractors; OFCCP posts FAQs to help with Rehab Act and VEVRAA reporting; more Facebook follies; bill filed to curb reach of FLSA exemptions; bill filed to curb EEOC overreach; Supreme Court issues cert to address EEOC failure to conciliate as… [Read More]
OSHA giving mulligans; excessive leave is not ADA reasonable accommodation; outdoor workers need water, rest & shade; misclassification as contractors costs retailer $6.5 million and more; wording of no-solicitation clauses must be precise; overbroad and replacement noncompetes mean there is no non-compete; what’s coming from DOL WHD and EEOC; IRS guidance on “spouse” in your retirement plans; legislators want to broaden definition of a supervisor; IL OKs… [Read More]
Attendance may not require physical presence at work; NLRB nukes work rules that prohibit negativity; Silicon Valley tech titans settle anti-poaching lawsuit; Texas Supreme Court nixes fraud claims of at will employees arising from sale of subsidiary; improper I-9 procedures cost employer $43K; employers may not verify Form I-9 via webcam; rescission of job offer over refusal to cut off dreadlocks was not race discrimination; NLRB attacking… [Read More]
College coach slam dunked by own resume; Supremes say severance pay is taxable wages subject to FICA; prompt and effective remedial response wins the day; TX law mandates IT staff report discovery of kiddie porn; OSHA whistleblower wins blacklisting case; Supremes will weigh in on compensability of employee waiting time tied to security checks; noncompete signed too soon is nuked; 14 State AG’s weigh in against persuader… [Read More]
Quit Your Job app; NLRB on “no recording” policies; OSHA guidance on “cold stress”; NLRB on handbook policies; federal contractors facing increased minimum wage and changes to VEVRAA reporting requirements; EEOC sues over common separation agreement provisions; pending FMLA amendments to broaden scope and create paid time off; NLRB General Counsel identifies his hot list of issues; inclusion of release language in notice/authorization form violates… [Read More]
NLRB employee rights poster is toast; Obama pushes for minimum wage hike; new Invitation to Self-Identify form released by OFCCP; bill filed to ban employment discrimination against the unemployed; IRS says mandatory gratuities are not tips for tax purposes; [Read More]