Employment Law This Week

Agencies Release Regulatory Agendas, EEOC’s Anti-Harassment Article, Class Certification Evidence, Philadelphia’s Salary History Ban

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We invite you to view Employment Law This Week® - our 5-minute rundown of the latest labor and employment law news.

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This week, we focus on employee mobility, an area of law that’s top of mind for many employers and employees at all levels. 

Employee Mobility Legislation, Independent Contractor Test, Emails Protected by NLRA, Notice for Title VII Suits

NJ’s Equal Pay Act, FLSA Opt-Ins, “Ambush Election” Rule, Guidance on New Tax Credit

Crack Down on Non-Solicitation Agreements, DOL Opinion Letters, New NLRB Member, State Law Developments

Sexual Harassment Legislation, Browning-Ferris Appeal, DTSA Whistleblower Immunity, Salary History and Wage Gaps

SCOTUS Rules for Auto Dealerships in OT Case, Tip-Pooling Restriction, Dodd-Frank Whistleblower Awards, Unemployment Benefits

In this week's show, we take a look at the legal implications of an intriguing trend in the field of human resources: the use of big data and people analytics.

Washington State “Bans the Box,” New NYCHRL Standard, Union Election Rule, The Weinstein Company

NYC’s #MeToo Legislation, Title VII & Gender Identity, False Claims Act Lawsuit, Flu Shot Policy

Sunlight in Workplace Harassment Act, Joint-Employer Test, Guidance on MA Pay Equity Law, DOL’s PAID Pilot Program

Title VII & Sexual Orientation Discrimination, Joint-Employer Test, Dodd-Frank Protections, Equal Pay Lawsuit

Harassment Claims Trigger Shareholder Suits, Misclassification Standard Under Review, EEOC’s New Strategic Plan

Delivery Driver Ruled Independent Contractor, Parental Leave Proposal, Federal Contractor Audits, Ambush Election Rules

NLRB Considers Case-Processing Changes, New EEOC Sexual Harassment Guidance, DOJ Memos on False Claims Act Litigation

Criminal Prosecution of Anti-Poaching Agreements, EEOC Publishes 2017 Data, Organizational Changes at NLRB, NYC’s “Cooperative Dialogue” Requirements

DOL’s Association Health Plan Proposal, NJLAD Includes Nursing Mothers, New Unpaid Intern Test, HHS’s Conscience-Based Protections

Workplace Harassment Review in Federal Courts, DOL Opinion Letters, NLRB Nomination, ICE Raids

Our 100th Episode – HR’s Critical Role in 2018

Changes at the NLRB, New Tax Bill, EEOC Wellness Rules, New California Laws

Special Year-End Wrap-Up

NLRB GC Memo, Third Travel Ban, Paid Leave Credit for Employers, ERISA Disability Benefits Rule Delayed

New Minimum Wage Ruling, NYC’s Paycheck Deduction Law Challenged, Top Compliance Concerns, Fiduciary Rule Delayed

New York Employee Scheduling Regulations, NLRB General Counsel Confirmed, Decrease in EEOC Charge Backlog, New Local $15 Minimum Wage Law

EEOC Online Public Portal, Paid Sick Leave Preemption Law, DOL to Appeal Texas Ruling, California Law Makes Contractors Jointly Liable for Their Subs’ Unpaid Wages

EEOC & Disability Discrimination Lawsuits, Arbitration Deferral Case, Statutory Claims for Travel Pay Dismissed, ICE Will Increase Workplace Inspections

Two New CA Laws Impacting Hiring, Compensating Short Breaks, Suit Over “Draw” Pay System, Waiving ERISA Time Limits

DOJ’s New Stance on Title VII, ACA Contraception Mandate, SCOTUS Hears Class-Action Waiver Arguments, RI’s Paid Sick Leave Policy

Extended Leave Not Covered Under ADA, Wellness Program Regulations, Proposed Cybersecurity Regulations, New Travel Restrictions

Special “Wage and Hour” Edition

NLRB Rulings May Surge, Home Health Pay Dispute, Immigrant Worker Protection Act, Equal Pay Protections

D.C. Policy Update, Wage and Hour Administrator Nominee, DOL’s 80/20 Rule

EEOC Pay Data Collection Requirement, DOL Overtime Rule, Parental Leave Policies, NYS Paid Family Leave Program

DOL Vacancies, Use of Customer Data, Weingarten Rights, EEOC’s Investigatory Authority

NLRB’s Voting Unit Test, Electronic Acknowledgment of Arbitration Policy, Website Accessibility, CT’s Medical Marijuana Law

NLRB Joint-Employer Case Overturned, Kaplan Confirmed to NLRB, Eighth Circuit Nixes Non-Compete, Police Lose Overtime Suit

DOL’s RFI on Overtime Rule, NLRA Doesn’t Preempt NYSHRL, SF’s Salary History Law, Pregnant Workers Fairness Act

Class Action Waiver Cases, Rescission of Tip-Pooling Restrictions, Title VII & Sexual Orientation, Updated Form I-9

Social Media and Solicitation, Washington State’s New Leave Law, Joint-Employer Legislation, Underwriters Entitled to Overtime

Obama-Era Overtime Rule, EEOC Chair Nominee, Wage and Hour Opinion Letters, Tipping Rule

Sexual Orientation Discrimination, NLRB Nominees, Trump’s Travel Ban, Dodd-Frank Whistleblower Protections

Federal Decision on Website Accessibility, Mandatory Class Action Waivers, Sexual Harassment Case Dismissed, Upcoming Employment Laws

NLRB’s “Quickie Election” Rules, Layoff Doesn’t Violate FMLA, Plans Exempt from ERISA, Amended “Persuader Rule”

Joint-Employer Guidance Rescinded, NYC’s “Fair Workweek” Bills, ADA and Gender Dysphoria, Philadelphia’s Salary History Law

Fiduciary Rule Takes Effect June 9, Rescission of Persuader Rule, Title VII & Sexual Orientation, Overhauling the NLRA

California’s “Day of Rest” Provisions, Title VII Claim Revived, Joint-Employer Ruling, New Georgia Employment Laws

Indirect Employers’ Liability in NY, No Reversal of Weingarten Rights, Legal Standard for Privileged Information, New NYC Employment Laws

Reliance on Salary History OK, Rescission of Resignation Case Ends, Photo Termination Case Proceeds, “Fairfax Memo,” Working Families Flexibility Act

Facebook Rant Is Protected Activity, DC Metro Bias Case, Salary History Law on Hold, Overtime Rule Delayed

NLRB on Arbitration Confidentiality, EEOC’s Equal Pay Data Rule, New State Laws, Transgender Bathroom Bill Suit

NYC Salary History Legislation, EEOC Subpoena Ruling, Fiduciary Rule Delay, Broad Whistleblower Protections

Sexual Orientation Discrimination, Indefinite Leave, “Purple Communications” Decision, Lawsuit with 10K Opt-Ins

Presidential Powers, Fair Pay and Safe Workplaces Rule, DOL’s Overtime Rule, Competition for Vacant Positions

Missing Comma Affects Case, Sexual Orientation Discrimination, DOL Budget Cuts, New Complaint Filing System

Browning-Ferris Decision, Title IX Case, Server’s Minimum Wage Claim, H-1B Premium Processing Suspension

Waiver of Meal Breaks, Driver Classification Ruling, Transgender Guidance Withdrawal, New Immigration Order

Whistleblower Case Dismissed, ADEA Claims, Future Trump NLRB, NY Paid Family Leave

DC’s Paid Leave Law, NYSDOL Regulations Revoked, Outsourcing Violated the NLRA, HHS Regulations Affect Employers

New Labor Secretary Nominee, Bargaining Unit Case Remanded, NJ Whistleblower Suit, Class Action Waiver Issue

Transgender Discrimination, Travel Ban Ruling, “Honest Belief” Defense, NY’s Wage Discussion Law

Judge Neil Gorsuch, New Immigration Orders, EEOC & NLRB Acting Chairs, Philadelphia’s Wage Equity Law

Class Action Waiver Split, Discriminatory Practices Suit, EEOC’s Claims Data, Highly Skilled Worker Rule

Post-ACA Health Plans, Labor Landscape, Wage and Hour Changes, Increased Cyber Threats, Retirement Plans

Wellness Program Regulations, Cumulative Liquidated Damages, ACA Transgender Discrimination Rules, Form I-9

The Year Ahead, New Labor Secretary, “Persuader Rule” Case, New York Salary Thresholds, Mental Health Discrimination

Joint Employer Definition, Background Checks, Cadillac Tax, OSHA Targets the Health Care Industry