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Inflation Reduction Act
The Supreme Court Extends the Sarbanes Oxley Act Whistle-Blower Protections
To listen to the podcast, please click here . On Tuesday, the U.S. Supreme Court ruled that the whistle-blower protections of Section 806 of the Sarbanes Oxley Act apply to employees of privately held companies that are contractors or subcontractors...
Fifth Circuit Upholds Arbitration Agreement Prohibiting Employee Collective or Class Action Claims
On Tuesday, the U.S. Court of Appeals for the Fifth Circuit joined the Second, Eighth and Ninth Circuits in upholding a class action waiver in an employment arbitration agreement. This is an important victory for employers in managing risks associated...
D.C. Circuit Halts Department of Labor's Reclassification of Loan Officers
The D.C. Circuit Court of Appeals on Wednesday handed the Mortgage Bankers Association a huge win by refusing to grant a full court review of a panel decision that struck down a 2010 U.S. Department of Labor (DOL) reclassification of...
Affordable Care Act Mandates Employer Notice of Coverage Options to Employees by October 1, 2013
Pursuant to the Affordable Care Act (ACA), individuals and employees of small businesses will be able to access health insurance coverage through a private health insurance market – the Health Insurance Marketplace – beginning on January 1, 2014. The ACA...
OFCCP Requiring Contractors to Use Latest Census Data for AAPs
On May 15, 2013, the Office of Federal Contract Compliance Programs (OFCCP) posted a Notice on its website informing covered federal contractors that they will be required to use the 2006-2010 EEO Tabulation, released by the U.S. Census Bureau in...
Department of Labor Issues Final Rule Increasing Salary Threshold for Exempt Positions
Following over 270,000 comments on its proposed rule, the Department of Labor (DOL) today issued the final rule revising the requirements for exemption from overtime pay for salaried workers. The DOL expects the rule to extend overtime pay protections to...
Supreme Court Issues Opinion Reinstating Important Tool for Employers to Defeat FLSA Collective Actions
In a major victory for employers, the U.S. Supreme Court issued an opinion today confirming employers' ability to make an "offer of judgment" to named plaintiffs who are pursuing collective actions under the Fair Labor Standards Act (FLSA). In Genesis...
USCIS Publishes New Employment Eligibility Verification Form I-9 for Use by Employers Effective Today, March 8, 2013
Today, March 8, 2013, the U.S. Citizenship and Immigration Services (USCIS) published the new version of the Employment Eligibility Verification Form I-9 (Form I-9) to be used by employers effective immediately. Employers are required to verify on the Form I-9...
Employers Must Post New FMLA Poster
No later than March 8, 2013, all employers covered by the Family and Medical Leave Act (FMLA) must display a new poster issued by the Department of Labor. The poster reflects recently adopted changes to FMLA regulations, most of which...
Federal Court Rejects ADA Suit Over Random Alcohol Testing of Probationary Plant Employees
A federal judge in Pennsylvania has dismissed an Equal Employment Opportunity Commission challenge to U.S. Steel Corporation's random alcohol testing of probationary employees at one of the company's most safety sensitive facilities. The Court's ruling in this carefully watched suit...
NLRB Plans to Ignore D.C. Circuit Ruling Invalidating Obama Recess Appointments; Validity of Appointment of Richard Cordray as CFPB Director Also Suspect
In what appears to be the continuation of a showdown among the three branches of federal government, the D. C. Circuit ruled today that President Obama's January 2012 "recess" appointments of three members to the National Labor Relations Board ("Board")...
Supreme Court Allows Fifth Circuit Ruling on Private FLSA Settlements to Stand
On December 10, 2012, the United States Supreme Court declined to review a recent ruling of the Fifth Circuit Court of Appeals, which approved a private settlement of employees' claims for unpaid overtime under the Fair Labor Standards Act (FLSA)...
Texas Workforce Commission: New Employment Record Requirement
On September 28, 2012, the Texas Workforce Commission (TWC) proposed a new rule that would require all employers to create and maintain job descriptions for anyone who performed services for the employer over the last four years. Specifically, the TWC...
Employer's Routine Requests to Employees to Keep Internal Investigation Matters Confidential Found Unlawful by NLRB
On July 30, 2012, the National Labor Relations Board (NLRB) ruled that a non-union employer’s practice of routinely advising its employees not to discuss ongoing internal investigation matters with their coworkers violated Section 8(a)(1) of the National Labor Relations Act...
D.C. Federal Court Upholds DOL 2010 Flip-Flop on Exempt Status of Mortgage Loan Officers Under FLSA
Revised Ruling Awards Overtime to Loan Officers; May Affect More Than 250,000 Employees Nationwide Employers: beware when relying on Department of Labor Wage and Hour Division Opinion Letters. Even better, don’t rely on them. In the latest in a series...