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HTMLSupreme Court Upholds DOL Flip-Flop, While Concurrences Signal Doubt about Judicial Deference to Agencies
Jeffrey W. Brecher, Paul DeCamp, Richard I. Greenberg, Stephanie L. Perkins; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 12, 2015
The United States Department of Labor (“DOL”) did not violate the Administrative Procedure Act (“APA”) when it failed to provide the public with notice and an opportunity to comment before it flip-flopped on the application of the Fair Labor Standards Act’s...

 

HTMLNLRB Begins New “Educational” Campaign in Run-Up to Quickie Election Rule
Howard M. Bloom, Philip B. Rosen; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 11, 2015
In a series of tweets, the National Labor Relations Board is using social media in an attempt to increase concerted and union activity under the NLRA.

 

HTMLNLRB General Counsel Issues Guidance to Employers on ‘Chilling Effects’ of Personnel Policies under National Labor Relations Act
Howard M. Bloom, Matthew D. Freeman, Richard I. Greenberg, Philip B. Rosen, Daniel D. Schudroff; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 20, 2015
In its bid to make the National Labor Relations Act more relevant, especially to unrepresented employees who comprise a large majority of the nation’s workforce, the National Labor Relations Board is policing aggressively employee handbooks and other employer policies that it believes...

 

HTMLDistrict of Columbia Passes Legislation Allowing Employees to Discuss Wages
Kesia M. Brown, Daniel D. Schudroff, Teresa Burke Wright; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 16, 2015
The District of Columbia has passed the Wage Transparency Act of 2014. The Act prohibits all private employers within the District from implementing workplace policies that forbid employees from discussing their wages with coworkers. The Act echoes President Barack Obama’s Executive Order...

 

HTMLUtah Legislature Approves White Collar Crime Registry
Stacey A. Bastone; Jackson Lewis P.C.;
Legal Alert/Article
March 30, 2015, previously published on March 17, 2015
In an unprecedented move, the Utah Legislature has approved a measure to create the country’s first white-collar crime offender registry. Similar to convicted sex offenders registries, the measure calls for the publication of white-collar offenders’ names and aliases, a recent...

 

HTMLUnion Membership Remains Low Despite Administration’s Call on Workers to Join
Howard M. Bloom, Robert H. Morsilli, Philip B. Rosen; Jackson Lewis P.C.;
Legal Alert/Article
March 30, 2015, previously published on February 6, 2015
According to Secretary of Labor Thomas E. Perez, a recent Bureau of Labor Statistics (BLS) report is evidence “that belonging to a union makes a powerful difference in people’s lives, providing greater economic security and helping them punch their ticket to the middle class” but...

 

HTMLNEW OFCCP FAQs: Employers NOT Required to Invite Post-Offer Applicants to Identify Specific “Protected Veteran” Category
Mickey Silberman; Jackson Lewis P.C.;
Legal Alert/Article
March 30, 2015, previously published on January 20, 2015
As we addressed in late-September 2014, the new VETS-4212 Form to be filed by employers in 2015 will not require reporting of specific categories of “protected veteran.” The VETS-4212 will require reporting of only the total number of protected veterans.

 

HTMLFlorida Court Again Strikes Down DOL H-2B Regulations
Kevin Lashus, Otieno B. Ombok; Jackson Lewis P.C.;
Legal Alert/Article
March 30, 2015, previously published on March 6, 2015
The Department of Labor lacks authority under the Immigration and Nationality Act to issue regulations in the H-2B program, a Florida federal district court has ruled, vacating the DOL’s 2008 H-2B regulations establishing standards and procedures for certifying employers’ requests to...

 

HTMLEmployers Still Need to Collect Protected Veteran Data - Just Not As Much As Before
Laura A. Mitchell; Jackson Lewis P.C.;
Legal Alert/Article
March 30, 2015, previously published on January 23, 2015
As a follow up to OFCCP’s recent release of FAQs addressing the protected veteran data collection obligations for contractors, we wanted to take a moment to reiterate employers’ continued obligation to solicit veteran status from applicants post-offer.

 

HTMLEmployee’s Request to Provide Information Excusing Positive Drug Test Could Trigger Obligation to Engage in Interactive Process
Kathryn J. Barry; Jackson Lewis P.C.;
Legal Alert/Article
March 30, 2015, previously published on March 4, 2015
An employee’s request to provide medical documentation excusing a positive drug test could trigger an employer’s obligations to engage in the interactive process, according to a recent decision by the United States District Court for the Eastern District of Pennsylvania. Jodi Hammel v....

 


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