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(1) Supreme Court Will Resolve Class Action Waiver Split - http://bit.ly/2jLXnD2
Our top story: The U.S. Supreme Court takes on class action waivers. In 2012, the National Labor Relations Board (NLRB) ruled that class action waivers in arbitration agreements violate employees’ rights under the National Labor Relations Act (NLRA). The U.S. Court of Appeals for the Second, Fifth, and Eighth Circuits disagreed, finding that these waivers do not violate the NLRA and are enforceable under the Federal Arbitration Act. More recently, the Seventh and Ninth Circuits sided with the NLRB on the issue. The Supreme Court will consider three cases in order to resolve this split, but any resolution could depend on the timing of the hearing. If the case is heard this term, before President Trump’s nominee for the vacancy on the Supreme Court is confirmed, it could end in a 4-4 tie. That would leave the law as it stands, and the split would continue. John Houston Pope, from Epstein Becker Green, has more.
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(2) DOL Files Suit Against Oracle - http://bit.ly/2jw7ecR
The Department of Labor (DOL) is accusing computer technology giant Oracle America of paying women and minorities less than their counterparts and of discriminatory hiring practices that favor certain Asian applicants. The suit was filed after an audit by the Office of Federal Contract Compliance Programs at Oracle’s headquarters in California, which found violations from January 2013 to the present. The DOL is seeking a court order canceling Oracle's federal contracts and requiring relief for the affected groups. Oracle claims that the suit is politically motivated.
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(3) EEOC Releases FY 2016 Claims Data - http://bit.ly/2jnB5sP
Equal Employment Opportunity Commission (EEOC) claims increased for the second year in a row. The EEOC has released detailed breakdowns of the 91,503 workplace discrimination charges filed in fiscal year 2016. Retaliation charges were the most common in 2016, making up 45.9% of all charges filed. This is the first year that the agency has included statistics about LGBT charges in its summary, showing the resolution of 1,650 sex discrimination charges and the recovery of $4.4 million for LGBT individuals.
(4) Final Rule for Highly Skilled Workers Goes Into Effect - http://bit.ly/2kkiHAC
U.S. Citizenship and Immigration Services and the Department of Homeland Security have published a final rule that makes it easier to sponsor and retain skilled workers. The rule gives added job flexibility and protection to foreign workers in H-1B status or in the process of applying for a green card, and the rule adds grace periods for certain skilled workers to remain in the country while between jobs. Also, the rule expands the eligibility of certain employers for H-1B cap exemptions and clarifies how hospitals and other health care organizations can benefit from these provisions.
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(5) Tip of the Week - http://bit.ly/2jLYwKP
Hakim Berry, Chief Human Resources Officer for the Northeast Region of Tenet Healthcare, has some advice on the impact of social technology in the health care workplace:
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These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The “Tip of the Week” offers one perspective on possible human resource ideas or business practices. It presents the perspective of an individual not affiliated with Epstein Becker Green and should not be considered legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.