Legal Updates

FordHarrison Legal Updates
Our SBSHRM Government & Legislative Affairs Director’s law firm,
FordHarrison, provides information on the latest in labor and employment law through timely e-mail legal alerts and periodic white papers. For access to the firm’s most recent Legal Alerts and other resources, click here.



FordHarrison Legal Alerts

November 2016
DOJ Publishes Antitrust Guidance for HR Professionals Relating to No-Poaching and Wage-Fixing Agreements

October 2016
White House Issues State Call To Action To Ban Certain Non-Compete Agreements
How to Run a Successful CDPAP Without Undue Risks
Employers Must Exercise Care to Avoid Being Considered a "Perfectly Clear" Successor Under Recent Board Decisions
On Eve of Implementation, Federal Court Presses Pause on Nearly Every Provision of Fair Pay and Safe Workplaces "Blacklisting" Executive Order
OSHA Update – Enforcement of Anti-Retaliation Rules Delayed
Full Seventh Circuit To Consider Whether Title VII Protects Sexual Orientation
New York District Court Decision Provides New Guidance on the Second Circuit's Intern-Employee Test
The State of Connecticut "Bans the Box"
Cook County Joins Chicago and other Jurisdictions in Mandating Paid Sick Leave
Employers Should be Prepared to Deal with the Impact of Hurricane Matthew
Five Reasons Why New York Restaurants Should Have an Employee Handbook
Resource Update: 50-State Survey Provides Overview of State Voting Leave Laws

September 2016
DOL Issues Final Rule on Paid Sick Leave for Employees of Federal Contractors and Subcontractors
UPDATE: Compliance Date Extended for Electronic Travel Authorization Requirement for Visa-Exempt Travelers to Canada
Minimum Wage for Certain Federal Contractors Increases to $10.20 Effective January 1, 2017
HOME CARE PROFESSIONALS SERIES Part 4 - How Do You Construct WPA Creditable Benefits?
Revised I-9 Form Approved But Not Yet Released
Sixth Circuit Upholds Jury Award Of Compensatory Damages Against CRA Under The FCRA For Negligence, But Vacates Punitive Damages Award
Effective September 29, Certain Visa-Exempt Travelers to Canada Must Have an Electronic Travel Authorization to Enter the Country by Air
"Watch out for Web accessibility requirements under the ADA!"
EEOC Issues New Enforcement Guidance Regarding Retaliation Claims

August 2016
New IRS Procedure for "Late" Rollovers
Ninth Circuit, California Appellate Court Take Aim at Arbitration Agreements
NLRB Holds Student Assistants Who Have a Common-Law Employment Relationship With a Private University Are "Employees" Under The National Labor Relations Act
Labor Department Settles Overtime Pay Dispute with Its Own Employees
FLSA Conditional Certification Denied in NYS for 5,000 Home Care Workers
 Does New Jersey's Conscientious "Everyone" Protection Act Trump the NLRB's Exclusive Jurisdiction? State Supreme Court says "Yes"
New OFCCP Sex Discrimination Rule Now in Effect 
NLRB Rules Aircraft Cleaners Are Not Subject to the Railway Labor Act
Massachusetts Lawmakers Approve Pay Equity Bill
Immigration Penalties Increase Effective August 1, 2016
Individuals, Families, and Households and Those Who Jointly Employ Home Care Workers With Them are All Liable for Unpaid Overtime
Diversity... Moving Forward Summer 2016
Who Decides Whether Arbitration Will Include Class Claims? California High Court Says Ambiguous Agreements May Be Decided in Favor of Workers

July 2016
Supreme Court Upholds University Affirmative Action Admissions Policy
Important Tips for Addressing the DOL's New Overtime Expansion
 Highlights of San Diego Minimum Wage and Sick Leave Ordinance Approved by Voters and Expected to Take Effect in July 2016
California Court of Appeal Finds Fact Investigation by Outside Counsel is Privileged
Eighth Circuit Finds Non-Competition Agreements Assignable to Successor Employer in Asset Purchase Without Employees' Consent
EEOC Publishes Revised EEO-1 Pay Data Rule
NLRB Holds Employer Consent Not Required for a Union to Represent a Bargaining Unit Combining both Regular and Temporary Employees

June 2016
HOME CARE PROFESSIONALS SERIES, PART 3 - What Health Benefits Are Creditable Under the WPA?
Alabama's New Non-Compete Statute Places New Restrictions on Employers
"EEOC: Employers must allow transgender employees to use restroom of choice"
Seventh Circuit Decision Rejecting Class Action Waiver Sets Stage for Supreme Court Review
Eighth Circuit Weighs in On Legality of Class Action Waivers
VEVRAA Hiring Benchmark for 2016 is 6.9 Percent
New Jersey Employers Cannot Reduce Employees' Time To File Discrimination Claims From Two Year Statute Of Limitations, Rules Unanimous New Jersey Supreme Court
Employers Should Evaluate Safety Incentive Programs and Drug Testing Policies in Light of New OSHA Rule
Airline Industry Alert: FAA Does Not Recommend Routine Psychological Testing for Pilots
"Brexit": What American Employers Need to Know
EEOC Increases Penalty for Violating Notice Posting Requirements by 150 Percent

May 2016
Starting July 1, 2016, Employees in Los Angeles Get Three Additional Days of Paid Sick Leave and $10.50 Per Hour

April 2016
San Francisco Becomes First U.S. City to Approve Fully Paid Leave for New Parents

March 2016
Ius Laboris Knowledge Base Newsletter - March 2016

February 2016
Intercepting Office Pool Liability – What Do Employers Have to Lose by Permitting Super Bowl Related Gambling?
EEOC Proposes Requiring Employers to Report Pay and Hours Worked Information on EEO-1 Forms
HOME CARE PROFESSIONALS SERIES Part 1 – NYS Domestic Workers' Bill of Rights

January 2016
Fourth Circuit Backs NLRB on Supervisor Status
DOL Issues Administrator's Interpretation Expanding the Definition of Joint Employment
Employers Again Brace for Winter Storms

ber 2015
What's on the Horizon for Employers in 2016?

October 2015
Resource Update - Data Privacy in the Americas

September 2015
OFCCP Publishes Final Rule on Pay Transparency

Executive Order Will Require Paid Sick Leave for Employees of Government Contractors
Extending Form 5500 Deadlines

August 2015
NLRB Adopts New Broader Joint-Employer Standard
DOL's Final Rule Upheld By D.C. Court Of Appeals
2015 Employment Law UpdateFordHarrison + SBSHRM
DOL's Final Rule Upheld By D.C. Court Of Appeals

July 2015
Multiemployer Pension Plans - Withdrawal Liability is Mounting
DOL Interpretation Says "Most Workers are Employees" Under the FLSA's Broad Definitions
D.C. Circuit Reverses NLRB's Decision that AT&T Violated Employees' Rights When It Suspended Employees for Wearing T-Shirt Disparaging the Company
Events Planning Company Fined over $600,000 for Serious I-9 Paperwork Violations

June 2015
Resource Update - Restrictive Covenant FAQs: How to Protect Your Business, Data, Intellectual Property, and People from Unfair Competition

May 2015
EEOC Required to "Conciliate"—However It Sees Fit—Before Suing Employers

April 2015
EEOC Will Begin Pilot Program for Online Submissions in Response to Charge Notices

March 2015
Supreme Court Delivers New Life to Pregnancy Discrimination Claim
March Madness: Could Friendly Wagers Among Employees Put Your Organization At Risk?

January 2015
Internal Revenue Code Section 162(m) Compliance Alert
A Manager's New Year's Resolutions
Supreme Court Will Hear Same-Sex Marriage Issue

December 2014
Unpaid Wage Claims for Pre- and/or Post-Work Activities: Leaving America's Heartland and Coming to a Corporate Environment Near You
NLRB Adopts New Election Procedures
Zero Tolerance for Marijuana Use by Employees: A Prescription for Litigation?

November 2014
IRS Provides Protection against Upcoming Change in Rollover Rules

October 2014
Proponents of Florida's Medical Marijuana Amendment Have High Hopes But Will Its Passing Affect Your Workplace Policies?
VETS Publishes Final Rule on VEVRAA Reporting Requirements

August 2014
Florida Court finds Workers' Compensation Statute Unconstitutional
Executive Order Requires Certain Federal Contractors to Self-Report Labor Violations; Prohibits Mandatory Arbitration of Certain Discrimination and Harassment Claims

July 2014
State Department Says Computer Glitch Has Caused a World-Wide Delay in Visa and Passport Processing
Federal Courts Issue Conflicting Decisions on Affordable Care Act Subsidies
Supreme Court's Contraceptive Decision Not a One-Size-Fits-All Religious Exemption from the Affordable Care Act's Requirements
"Is Your Company Due For an I-9/E-Verify Compliance Check-Up" - Complimentary Webinar

June 2014
When is a Retirement Account not a Retirement Account?
Students in Clinical Training Program Were Not Employees Under the FLSA

May 2014
NLRB Strikes Down Work Rule Prohibiting Off-Duty Employee Access to Company Property
OFCCP Announces National Percentage of Veterans in Civilian Labor Force is 7.2 Percent

April 2014
Is Telecommuting as a Reasonable Accommodation Under the ADA the New Norm?
Legal Alert: Fifth Circuit Finds Confidentiality Provision Violates NLRA

March 2014

Supreme Court Decides Severance Not Exempt from FICA
Eleventh Circuit Upholds Enforceability of Class Action Waiver
President Obama Orders Changes In Overtime Regulations – What to Expect and When
Employer Strategies in a Changing Slow-Growth Economy – Dealing with Organized Labor: The Boeing Blueprint

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