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September 29, 2016

EEOC Publishes Final Pay Data Changes to EEO-1 Report

September 29, 2016

The Equal Employment Opportunity Commission has issued revisions requiring employers with at least 100 employees to submit annual EEO-1 reports that include W-2 pay and hours worked data for their entire workforces, nationwide. Armed with the data, and intent upon identifying pay disparities causing the “wage gap” for... Read More

September 29, 2016

Labor Department Issues Final Rule Implementing Executive Order on Government Contractor Paid Sick Leave

September 29, 2016

The U.S. Department of Labor has released final regulations implementing President Barack Obama’s Executive Order 13706, requiring up to seven days of paid sick leave for workers on federal contracts. Key requirements of the Final Rule are discussed below. Effective Date, Contracts Covered The paid sick leave requirements... Read More

September 28, 2016

Class Action Trends Report Fall 2016

September 28, 2016

Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics: “Class” claims, EEOC-style When private plaintiffs pile on The legislation The caselaw Regulatory roundup... Read More

September 28, 2016

Morristown, New Jersey, Paid Sick Leave Ordinance Effective 2017

September 28, 2016

Morristown, New Jersey, Mayor Timothy P. Dougherty has signed an Executive Order (No. 16-01) delaying the effective date of Morristown’s Paid Sick Leave Ordinance, O-35-2016, from “upon passage and publication” to January 11, 2017. The Mayor announced the Executive Order on September 27, 2016, explaining that the... Read More

September 27, 2016

Labor Board Rules Off-Duty Employees May Picket On Employer Premises

September 27, 2016

In a groundbreaking expansion of union rights, the National Labor Relations Board has ruled that off-duty employees have the right to picket on an employer’s premises, unless the employer can prove under the National Labor Relations Act that a ban on picketing was necessary to prevent a disruption of health care operations. Capital... Read More

September 27, 2016

Mine Roof Collapses Trigger Government Safety Alert

September 27, 2016

Following 10 incidents of roof collapses in July and August, the Mine Safety and Health Agency has issued a safety alert to warn employers and employees about the dangers of roof falls. MSHA said the roof failures occurred while employees were working in sections in which the roofs had been bolted. It said there were no injuries... Read More

September 27, 2016

Lawsuit Filed Against OSHA on Walk-Arounds

September 27, 2016

The Occupational Safety and Health Administration overstepped its authority in expanding union representation at “walk-arounds” in non-union workplaces, the National Federation of Independent Business has alleged in a lawsuit against the agency filed in Texas. Nat’l Fed’n of Indep. Bus. v. Dougherty, No. 3:16-cv-... Read More

September 27, 2016

Criminal Liability for Failure to Contribute to Multiemployer Benefit Fund?

September 27, 2016

The precarious financial status of some multiemployer benefit funds has led to criminal indictment against non-contributors. This troubling expansion of potential sanctions for failure to make required contributions to multiemployer benefit plans appears in a case from the U.S. District Court for the District of Massachusetts. In... Read More

September 22, 2016

What Federal Contractors with Employee Arbitration Agreements Need to Know Now

September 22, 2016

Portions of the “Fair Pay and Safe Workplaces” Executive Order (E.O. 13673), often referred to as the “Blacklisting” or “Bad Actors” Executive Order, will take effect on October 25, 2016, and federal contractor employers are preparing for compliance with its reporting, disclosure, and paycheck... Read More

September 22, 2016

OSHA Requests Information on Shipyard Safety Rules Covering Falls

September 22, 2016

The Occupational Safety and Health Administration is considering updating its safety standards covering falls in shipbuilding, ship repair, shipbreaking, and other shipyard-related employment and has issued a Request for Information. Comments and materials must be submitted by December 7, 2016. The standards fall under Subpart E of... Read More

September 22, 2016

Mine Safety Agency Issues Alert for Water-Related Fatalities

September 22, 2016

Working around, over, or near water is a safety hazard that may result in entrapment and drowning, the Mining Safety and Health Administration has warned in a hazard alert. The federal agency said 24 miners have died at metal and nonmetal mines and facilities while working on or near water since 2005. In a recent letter to metal... Read More

September 22, 2016

Hawaii Labor Department Imposes Massive Penalties, Sends Clear Message to Employers

September 22, 2016

Taking advantage of a new law that substantially increases penalties, the Wage Standards Division of the Hawaii State Department of Labor & Industrial Relations (“DLIR”) has issued penalties totaling $767,095 to a construction company remodeling a hotel in Waikiki, Hawaii. The penalties were imposed for a failure to... Read More

September 21, 2016

Court Decisions Could Frustrate Obama Administration Efforts to Protect Transgender Students, Employees

September 21, 2016

A flurry of judicial activity has surrounded the Obama Administration’s efforts to provide legal protection to transgender individuals by extending protection against sex discrimination to cover gender identity under Title IX of the Education Act of 1972 and Title VII of the Civil Rights Act of 1964. The U.S. Departments of... Read More

September 21, 2016

Seattle Passes Predictable Scheduling Ordinance

September 21, 2016

The City of Seattle has passed a bill requiring certain large employers operating within Seattle city limits to give their hourly workers advance notice of their schedules and to pay workers extra for being required to work on call. Mayor Ed Murray announced he plans to sign the Secure Scheduling Ordinance. The bill will go into effect... Read More

September 21, 2016

New York City May Ban Questions about Salary History

September 21, 2016

A bill in the City Council of New York City would prohibit employers from inquiring about a prospective employee’s salary history. The bill’s purported aim is to close the gender pay gap by reducing the likelihood that women will be prejudiced by prior salary levels. New York City Public Advocate Letitia James introduced... Read More

September 21, 2016

Federal Court Rejects EEOC Concept of Race, Upholds Employer’s Dreadlock Ban

September 21, 2016

An employer’s ban on dreadlocks and the Equal Employment Opportunity Commission’s willingness to file a lawsuit to vindicate an employee’s rights has opened a legal debate on the meaning of “race” under Title VII of the Civil Rights Act of 1964. Finding the Commission failed to allege in the proposed... Read More

September 21, 2016

States and Business Groups File Lawsuits Seeking to Block DOL’s ‘White Collar’ Overtime Rule

September 21, 2016

Twenty-one states, led by Texas and Nevada, have filed a lawsuit against the Department of Labor seeking a preliminary and permanent injunction declaring unlawful the DOL’s Final Rule amending the overtime exemption for executive, administrative, and professional employees (the “white collar” exemptions) under the Fair... Read More

September 20, 2016

New Jersey Bill Seeks to Bar Pre-Hire Inquiries into Candidate Compensation History

September 20, 2016

The New Jersey State Assembly is considering a bill (A-4119) that would amend the New Jersey Law Against Discrimination (“LAD”) to prohibit an employer from seeking compensation information on a candidate. If passed, the legislation will affect the hiring process in New Jersey, including requiring changes to application... Read More

September 19, 2016

New Regulation Restricts New York Employers Seeking to Pay Wages by Direct Deposit, Payroll Debit Cards

September 19, 2016

The New York Department of Labor has adopted a regulation that reiterates an employer generally must obtain written consent to pay wages by direct deposit of wages and clarifies the legality of paying wages with payroll debit cards. Once effective on March 7, 2017, the Regulation, published on September 7, 2016, will impose greater... Read More

September 16, 2016

Morristown, New Jersey, Passes Paid Sick Leave Ordinance

September 16, 2016

Private-sector employees who work at least 80 hours during a calendar year in Morristown, New Jersey, will be entitled to paid sick leave under Ordinance No. 35-2016, passed by the Morristown Town Council on September 13, 2016. Ordinance No. 35-2016 takes “effect upon passage and publication” or at the expiration of... Read More

Showing 1-20 of 3638