In August 2018, the Office of Federal Contract Compliance Programs (OFCCP) issued Directive 2018-04, which notified contractors that it was “in the process of implementing a comprehensive initiative that seeks to ensure compliance with equal employment opportunity and anti-discrimination regulations.”
On February 14, 2019, the Illinois legislature passed Senate Bill 0001 (SB0001), which amends the Illinois Minimum Wage Law and the Illinois Income Tax Act.
California Assembly Bill 9 (AB 9), sponsored by Assembly Members Eloise Reyes, Laura Friedman, and Marie Waldron, would expand employee protections related to harassment and discrimination in the workplace.
Recently, the Office of Federal Contract Compliance Programs (OFCCP) began posting in its Freedom of Information Act (FOIA) Library links to conciliation agreements between the agency and federal contractors that contain only material technical violations.
Have you heard of the “fake president” fraud? Despite the name, it has nothing to do with politics; it is a worldwide financial scam that has affected hundreds of multinational companies, especially companies in Europe.
The hiring process can be one of the most stressful steps of any employment relationship. As the employer, you are opening your doors to somebody who is hopefully going to contribute to your company’s success. Moreover, hiring is a process that requires both time and money. Thus, employers often want to expedite the hiring process.
In a ruling that will have a significant impact on the retail and restaurant industries, among others in California, the California Court of Appeal ruled that a retail employer’s call-in scheduling policy—in which employees were required to call the employer in advance of a shift to find out if they needed to show up for
In Owens v. Crabtree, Opinion No. 5616 (January 16, 2019), the South Carolina Court of Appeals held that a company’s termination of an employee for using company devices, on company time, to oppose a local building project that the company had a financial stake in was valid and did not violate public policy.
In Duffey v. Tender Heart Home Care Agency, LLC, the California Court of Appeal for the First District addressed whether an in-home caregiver was an independent contractor or employee.
The issue of whether workers who utilize online digital platforms to obtain business and deliver services to third parties are employees or independent contractors has already been subject to much debate and litigation. In the growing gig economy, questions surrounding these issues can create uncertainty for both businesses and gig workers.
On January 29, 2019, the Third Circuit Court of Appeals concluded that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) does not preempt New Jersey’s ABC test for determining whether a worker is an independent contractor or employee.
New Jersey has joined the ranks of California, Massachusetts, New York, and the District of Columbia in requiring a phased increase of the minimum wage to $15 an hour as a result of a bill (A-15/S-15) signed into law by Governor Phil Murphy on Monday, February 4, 2019.
The Arizona Court of Appeals, Division One, has ruled that the Arizona State Legislature overstepped its authority in 2016, when it prohibited Arizona cities and other municipalities from enacting their own employee benefits ordinances.
This is an update to our article, Back to School for ERISA Fiduciary Claims: How to Prepare for This Trend in University Litigation, which was published on August 22, 2017.
On January 28, 2019, E-Verify resumed operations after being offline for more than a month due to the government shutdown. The program, which allows participating employers to electronically confirm the work eligibility of new hires, was temporarily suspended as a result of the government shutdown. During that time, employers were unable to access their E-Verify accounts and were unable to comply with the program’s regular deadlines, resulting in a backlog of matters that must now be processed.
On January 29, 2019, the Massachusetts Supreme Judicial Court issued a decision that addressed for the first time whether an employer’s failure to grant an employee’s lateral transfer request could support an employment discrimination claim in the matter of Yee v. Massachusetts State Police, SJC-12485.
The disclosure requirement of the federal Fair Credit Reporting Act (FCRA) remains one of the most contentious and expensive litigation areas for employers. The case law from various federal district courts has been a mixed bag, leaving employers to question what it means to provide a “clear and conspicuous” disclosure in a writing that “consists solely” of the disclosure.
The year 2018 was a busy one for healthcare employers. Below are some of the key developments from 2018 and issues that employers should be on the lookout for in 2019.
Texas law allows for the enforcement of covenants not to compete that impose reasonable restrictions on competition.
In January 2019, the Internal Revenue Service (IRS) issued Notice 2019-09, which provides interim guidance for Section 4960 of the Internal Revenue Code of 1986.
The Department of Homeland Security (DHS) is expected to advance its plan to rescind the H-4 employment authorization document (EAD) program before a March 18, 2019, deadline imposed by the U.S. Court of Appeals for the D.C. Circuit in Save Jobs USA v. DHS, a lawsuit challenging the legality of the H-4 EAD rule.
The Ninth Circuit Court of Appeals issued its highly-anticipated website accessibility opinion in Robles v. Domino’s Pizza, reaffirming the obligation to make retailers’ websites accessible and rejecting the due process and primary jurisdiction arguments commonly asserted by defendants in website accessibility litigation.
When Arizona’s fifty-third legislature ended last spring, we reported on four new laws that impact Arizona employers and employees. The legislature also passed two additional laws impacting Arizona employers.
The Illinois Supreme Court issued its long-awaited ruling in Rosenbach and reversed the appellate court’s decision that technical violations of the Illinois Biometric Information Privacy Act (“BIPA” or “Act”) without “some actual injury or harm” are not actionable.
The latest version of Article L. 1235-3 of the French Labor Code, based on the “Macron Ordinances,” has recently been the subject of major dispute, with several labor tribunals issuing conflicting decisions.
As we previously reported, the Equal Employment Opportunity Commission (EEOC) was one of the federal agencies affected by the partial federal government shutdown.
Government contractors are entering the 2018 EEO-1 reporting cycle facing a confusing landscape when it comes to reporting the gender of their employees. Contractors face an employment marketplace that is dealing with gender in new ways while dealing with federal government reporting requirements built on traditional gender models.