U.S. District Court Highlights Job Reinstatement Obligations After FMLA Leave

On May 6, 2019, the U.S. District Court for the Eastern District of New York denied summary judgment on a Family and Medical Leave Act (FMLA) retaliatory transfer claim. The court found that the employer’s explanation for eliminating the plaintiff’s position while she was on leave, the timing of the decision, and remarks made during the plaintiff’s FMLA absence raised a triable issue of fact as to whether the plaintiff’s transfer was in retaliation for her exercise of FMLA rights.

New York’s Highest Court Upholds 13-Hour Rule for Payment of Live-in Home Health Aides

In two recent companion cases, Andryeyeva v. New York Health Care, Inc. and Moreno v. Future Care Health Services, Inc., the New York Court of Appeals upheld the New York State Department of Labor’s (NYSDOL) 13-hour rule for the payment of home health aides working 24-hour shifts. Under this rule, an employer may pay home health aides for only 13 hours of a 24-hour shift if the aides receive at least 3 hours of meal break time and at least 8 hours of sleep (at least 5 of which must be uninterrupted).

6 FAQs on Measles in the Workplace: What Employers Need to Know

On May 17, 2019, the Centers for Disease Control and Prevention (CDC) reported that 880 individual cases of measles had been confirmed in 23 states across the country in 2019. According to the CDC, the current outbreak of measles represents the greatest number of cases reported in the United States since 1994 and since the disease was declared eliminated in 2000.

President Proposes New Merit-Based Green Card System

On May 16, 2019, President Donald Trump outlined, in broad strokes, his new immigration plan. The proposal delineates two primary goals: securing the U.S. border and protecting American workers. Most notably, the plan includes the introduction of a new “Build America” visa that would replace existing green card preference categories and limit family-based immigration in favor of a merit-based points system.

A GDPR Update for Employers, Part IV: Implementing Lessons Learned From GDPR Complaints and Enforcement Actions

The European Data Protection Board (EDPB) and EU supervisory authorities have reported that they have received a large number of complaints during the first six months following the effective date of the GDPR. For example, the EDPB reported that it had received more than 42,000 complaints since May 25, 2018. The French Supervisory Authority (CNIL) reported a 20 percent increase in complaints filed during the first six months the GDPR was effective compared to the same period in 2017. Similarly, the Irish Supervisory Authority reported a 50 percent increase in data breach reports and a 65 percent increase in data protection complaints over the same period. The Irish Data Protection Commissioner also stated that several investigations of multijurisdictional complaints against large companies are being completed and that she expects major GDPR fines to be issued in 2019.

DHS Announces That It Will Issue 30,000 Additional H-2B Visas in Response to High Demand

After a tumultuous filing period for the second half of fiscal year (FY) 2019, employers that rely on H-2B seasonal workers received some good news. The U.S. Department of Homeland Security (DHS) has agreed to issue up to 30,000 additional H-2B visas for the second half of FY 2019, which runs through September 30, 2019.

Changes on the Horizon for Washington State’s Pay Equity Law: Salary History Inquiries

On May 9, 2019, Washington State governor Jay Inslee signed House Bill 1696, “an act relating to wage and salary information.” The new law is similar to legislation being promulgated throughout the country, including by Washington’s neighbor to the south, Oregon. This law will become effective on July 28, 2019.

Minnesota Legislative Update, Part III: Regular Session Winds Down With Many Bills Left in the Hopper

As the 2019 regular session of the Minnesota Legislature draws to a close, lawmakers in St. Paul are deadlocked on the budget bill. As a result, many of the bills we reported on in our previous articles are stalled in committee or unlikely to see final action this year. The legislature must end its regular session on Monday, May 20, 2019, and it’s unclear whether there will be a special session.

Florida’s 2019 Legislative Session Yields Bills Related to Vaping in the Workplace and Unemployment Benefits for Domestic Violence Victims

The Florida Legislature concluded its annual legislative session on Saturday, May 4, 2019. Over 20 employment-related bills were introduced, covering subjects such as E-Verify, criminal background screening, discrimination and harassment, sexual misconduct reporting in health care, local regulation of employment conditions, minimum wage, vaping, paid leave, internship tax credits, restraints of trade or commerce (noncompete agreements), drug-free workplaces, and unemployment compensation claims. Although only two of these bills survived, many of the bills that did not pass could resurface and impact employers in the near future.

Judge Orders Nationwide Preliminary Injunction Blocking Enforcement of Automatic Accrual of Unlawful Presence

The U.S. District Court for the Middle District of North Carolina has issued a nationwide preliminary injunction halting the enforcement of the Trump administration’s August 2018 policy memorandum that changed when “unlawful presence” accrues for foreign students and exchange visitors.

No Taxation With Religious Invocation: Seventh Circuit’s Decision to Impact Ministerial Employees

In Gaylor v. Mnuchin, the Seventh Circuit Court of Appeals recently held that a tax code exemption for religious housing of ministers does not violate the Establishment Clause of the First Amendment of the U.S. Constitution. The decision has a direct impact on religious employers and their ministerial employees as well as a potential impact on secular employers that provide housing allowances for their employees.

Massachusetts Paid Family and Medical Leave Update: Template Notices for Employees, Extension of Deadlines, and Requested Guidance From the IRS

Here is the latest information on the Massachusetts Paid Family and Medical Leave Act (PFML) requirements since our last report on April 17, 2019. As the date for issuing final regulations and starting employer contributions draws near, the Department of Family and Medical Leave (DFML) continues to publish updates.

President Trump Nominates New Director of ICE

President Donald Trump has nominated Mark Morgan to serve as the new director of U.S. Immigration and Customs Enforcement (ICE). Morgan spent 20 years in the Federal Bureau of Investigation before being appointed chief of U.S. Customs and Border Protection during the final months of the Obama administration.

Massachusetts Supreme Judicial Court Finds That Commissioned Salespeople Must Be Paid Overtime

On May 8, 2019, the Massachusetts Supreme Judicial Court (SJC) issued a unanimous opinion holding that salespeople who are paid solely on draws and commissions are entitled to separate and additional overtime and Sunday pay under Massachusetts law. The decision has far-reaching implications for most retailers, which have long relied on opinion letters from the Massachusetts Department of Labor Standards (DLS) suggesting that commissioned employees are not entitled to such additional compensation.

MSHA’s First Quarter Stakeholder Call Emphasizes Powered Haulage Training and Showcases Improvements to Mine Data Retrieval System

The Mine Safety and Health Administration (MSHA) held its quarterly stakeholder call on May 2, 2019. MSHA began the discussion by reviewing the five fatalities that occurred in the first quarter of 2019. The agency then discussed best practices to prevent injuries in the event of a mobile equipment fire and reviewed upcoming training opportunities.