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September 22, 2017

Education Department Rescinds Obama-Era Guidance on Campus Sexual Assault Investigations, Issues Interim Guidance

September 22, 2017

Secretary of Education Betsy DeVos on September 22, 2017, released Title IX interim guidance, while rescinding Obama-era policies, for handling sexual assault cases on college campuses . Specifically, the Department of Education withdrew the “statements of policy and guidance” contained within the April 4, 2011, “Dear Colleague Letter... Read More

September 20, 2017

European Court Rules on Employee Monitoring Programs and Privacy

September 20, 2017

The Grand Chamber of the European Court of Human Rights (ECHR) issued its decision in the case of Bărbulescu v. Romania (application no. 61496/08) on September 5, an appeal from a determination by the Romanian courts upholding an employee’s termination for personal use of the employer’s computer system. The Court held that the... Read More

September 15, 2017

Employers Increasingly Targets of Illinois Biometric Information Privacy Act Lawsuits

September 15, 2017

Although the Illinois Biometric Information Privacy Act has been the law in Illinois since 2008, in the past year, there have been at least 12 class actions filed against employers in Illinois state and federal courts seeking to redress alleged violations of the Act. With recent advances in technology, the use of biometric data has... Read More

September 15, 2017

California on Brink of Further Expansion of Fair Pay Protections

September 15, 2017

California’s legislature is close to passing three bills to expand the state’s fair pay laws. The bills, introduced in early 2017, were designed to expand upon, or clarify, the amended California Fair Pay Act (CFPA). The bills include: Assembly Bill (AB) 1209: To require employers with at least 500 employees in California to... Read More

September 12, 2017

Top Five Labor Law Developments for August 2017

September 12, 2017

Employees had no right to union representation in their employer’s peer review committee proceedings, the U.S. Court of Appeals for the District of Columbia Circuit has ruled. Midwest Division – MMC, LLC, dba Menorah Medical Center v. NLRB, No. 15-1312 (D.C. Cir. Aug. 18, 2017). The employer, a hospital, used a peer review committee... Read More

September 8, 2017

DOL’s ‘80/20’ Tip Credit Rule Entitled to No Deference, Ninth Circuit Holds, Creating Circuit Split

September 8, 2017

Finding it wholly inconsistent with the statute and the regulation it purports to interpret, the Ninth Circuit has held invalid the United States Department of Labor’s “80/20” tip credit rule, or “20% Rule,” which limits the availability of the tip credit when tipped employees spend more than 20% of their time performing allegedly non-... Read More

September 8, 2017

Washington Enacts Healthy Starts Act: New Workplace Accommodation Protections for Pregnant Employees

September 8, 2017

Washington recently enacted new workplace accommodation protections for pregnant employees. The Healthy Starts Act (RCW 43.10.005):[1] Applies to employers of 15 or more employees.  Specifies four accommodations for which employers MAY NOT (1) ask for medical verification; (2) claim undue hardship. Specifies four... Read More

September 7, 2017

Plans to ‘Reframe’ Title IX Enforcement Announced

September 7, 2017

The Trump Administration believes that Obama-era guidance regarding sexual assault on college campuses created a “failed system” that was a “disservice to everyone involved,” Department of Education Secretary Betsy DeVos said on September 7, 2017. According to DeVos, “There must be a better way forward.” Enacted in 1972, Title IX is a... Read More

September 7, 2017

Employee Benefits Newsletter – Summer/Fall 2017

September 7, 2017

In this issue: Proving Loss Causation in Breach of Fiduciary Claims – The Split Widens. Analysis of recent litigation trends involving loss causation, an important burden-of-proof issue in ERISA fiduciary claims. Executive Compensation and Employee Benefits in Mergers and Acquisitions. A summary of the most significant compensation... Read More

September 6, 2017

Deferred Action for Childhood Arrivals Program is Rescinded, AG Sessions Announces

September 6, 2017

The Deferred Action for Childhood Arrivals (DACA) program is being rescinded, Attorney General Jeff Sessions announced on September 5, 2017. The DACA program was implemented in 2012 by an executive order signed by President Barack Obama. Under the program, certain individuals who arrived in the United States as children are eligible... Read More

September 6, 2017

France’s Labor Law in for Overhaul

September 6, 2017

Newly elected French President Emmanuel Macron’s draft overhaul of the French Labor Code (“Macron reform”) promises to increase flexibility and reduce risk in French labor law, while strengthening workers’ rights. It is Macron’s hope that his reform will help combat high unemployment numbers and attract foreign business to France. The... Read More

September 6, 2017

union kNOw – September 2017

September 6, 2017

Keep Your Eyes Open, Even If You Don’t Think You Need To Workers at Nissan’s factory in Canton, Mississippi, have strongly rejected representation by the United Auto Workers — 63% to 37% — despite a multi-year organizing campaign. Nissan spent enormous resources in a counter-campaign that included a local advertising blitz consisting... Read More

September 5, 2017

Connecticut Wage Regulations Bar Fluctuating Workweek Method in Calculating Overtime Pay for Retail Workers

September 5, 2017

State wage regulations promulgated by the Connecticut Department of Labor prohibit use of the “fluctuating work week” method of calculating overtime pay for mercantile (retail) employees, the Connecticut Supreme Court has held. Williams v. General Nutrition Centers, Inc., 326 Conn. 651 (Conn. 2017). The Court was responding to a... Read More

September 1, 2017

Employee Cannot Bypass Title VII, ADA Regulatory Schemes to Hold Public Employers Personally Liable, Third Circuit Rules

September 1, 2017

Plaintiff-employees cannot pursue a claim under 42 U.S.C. § 1983 (Section 1983) for rights created under Title VII of the Civil Rights Act and the Americans with Disabilities Act, the federal appeals court in Philadelphia has held in a case of first impression for the Third Circuit. Williams v. Pennsylvania Human Relations Commission, et... Read More

September 1, 2017

District Court Holds Overtime Rule Invalid; Is End of Obama-Era Rule Here?

September 1, 2017

The Department of Labor’s May 2016 Final Rule, which would have more than doubled the minimum salary necessary to satisfy the “executive, administrative or professional” (the “EAP” or “white collar”) overtime exemptions under the Fair Labor Standards Act, is invalid, the U.S. District Court for the Eastern District of Texas has held.... Read More

August 30, 2017

EEOC Pay Reporting Obligations Suspended

August 30, 2017

In a much-anticipated move, the Office of Management and Budget’s Office of Information Regulatory Affairs (OIRA) has directed the Acting Chair of the Equal Employment Opportunity Commission to suspend implementation of the EEOC’s revised EEO-1 report, which included detailed pay reporting obligations. Prior to this directive issued... Read More

August 28, 2017

Paying Employees When Weather Closes the Doors: A Refresher on Employer Obligations

August 28, 2017

As Hurricane Harvey continues to wreak havoc on Houston, Texas, and surrounding areas, undoubtedly, many businesses have been damaged or destroyed, while others have closed temporarily for safety and security reasons. These businesses may remain closed, or operate with limited hours, for days, weeks, or possibly months. When such... Read More

August 28, 2017

First Compliance Hurdle for New York Department of Financial Services Cybersecurity Regulations due August 28

August 28, 2017

The New York State Department of Financial Services (DFS) has set cybersecurity regulations that require minimum standards for protecting the customer information and information systems of the financial services industry. Unless an exemption applies, the deadline to comply with the first set of requirements under the new DFS... Read More

August 24, 2017

Connecticut Strengthens Protections for Pregnant Employees

August 24, 2017

Connecticut’s “An Act Concerning Pregnant Women in the Workplace” strengthens considerably the workplace protections for pregnant employees and applies to employers who employ at least three employees. The Act takes effect on October 1, 2017. Who is Covered The Act defines “pregnancy” broadly. The definition includes “pregnancy,... Read More

August 23, 2017

Grad-Student Unions One Year after Columbia University: More to Come or a Thing of the Past?

August 23, 2017

In August 2016, the National Labor Relations Board reversed longstanding precedent and ruled that students “who have a common-law employment relationship with their university are statutory employees under the [National Labor Relations] Act.” Columbia University, 364 NLRB No. 90 (Aug. 23, 2016). A year later, with President Donald Trump... Read More

Showing 1-20 of 3938