• Affirmative Action Compliance and OFCCP Defense

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    March 07, 2019
    Jackson Lewis
    Practices & Experiences     People     Offices

    Preventive Strategies Workplace Law News

    March 7, 2019 | Issue 466

    Affirmative Action Compliance and OFCCP Defense

    Blog | Judge Vacates Stay of EEO-1 Pay Data Reporting Tool

    A court has found the government did not have proper justification to stay implementation of the EEOC’s pay data collection tool. Read full blog post

    Background Checks


    New York’s Westchester County to Implement Ban-the-Box Law

    Private employers in New York’s Westchester County will be restricted from inquiring about a job applicant’s criminal background during the preliminary stages of the application process. Read full article

    Class Actions and Complex Litigation

    U.S. Supreme Court Holds Federal Rule of Civil Procedure 23(f) Is Not Subject to Equitable Tolling

    In a decision important to class action practice, the U.S. Supreme Court has held that Federal Rule of Civil Procedure 23(f), which establishes a 14-day deadline to seek permission to appeal an order granting or denying class certification, is not subject to equitable tolling. Read full article

    Collegiate and Professional Sports


    Blog | Esports Industry Ten Labor and Employment Law Issues

    Esports has enjoyed a meteoric rise in popularity and an accompanying increase in revenue streams. Read full blog post

    Corporate Governance and Internal Investigations

    Blog | Guideposts for Successful Internal Investigations

    The ability to effectively conduct internal investigations is essential to any business. Read full blog post

    General Employment Litigation


    Beyond the Headlines: Illinois Amends State Minimum Wage Law

    The Illinois minimum wage will rise in stages until it reaches $15.00 per hour.
    Read full article

    New York City Releases Enforcement Guidance on Discrimination on Basis of Hair

    Legal enforcement guidance on race discrimination on the basis of hair affirms that employer policies on appearance and grooming that ban, limit, or otherwise restrict natural hair or hairstyles may be unlawful under the New York City Human Rights Law. Read full article

    Rumors and Gossip in Workplace Can Create Employer Liability for Harassment

    Employers may be liable under Title VII of the Civil Rights Act for failing to effectively address and stop gossip and rumors of an alleged sexual relationship between an employee and her supervisor, the Fourth Circuit has held. Read full article

    Government Relations

    New York City Council Seeks Further Protections for Fast Food Industry Workers

    The New York City Council introduced bills to extend protections from workplace terminations to fast food employees. Read full article

    Blog | New York Labor Commissioner Testifies on Sexual Harassment in the Workplace

    Employers and their insurance carriers should be on the lookout for bills to expand the definition of a hostile work environment, to expand anti-discrimination and harassment laws to independent contractors, to increase penalties for harassment, and to require that employers pay for post-harassment therapy. Read full blog post



    Blog | DHS Moves to Rescind H-4 EAD Rule for Spouses of H-1B Workers

    The Department of Homeland Security has made the first move to rescind the H-4 EAD Rule. Read full blog post

    Labor and Preventive Practices

    Labor Board Returns to Pre-2014 Test for Determining Who Is an Independent Contractor

    The National Labor Relations Board has held that in deciding whether an individual is an independent contractor or an employee, it will return to focusing on the extent to which the arrangement between the ostensible employer and the alleged employee provided an “entrepreneurial opportunity” to the individual.
    Read full article

    Non-Competes and Protection Against Unfair Competition


    Blog | Federal Non-Compete Reform Efforts Aimed at Protecting Low-Wage Employees

    A Republican Senator has renewed efforts at federal non-compete reform.
    Read full blog post

    Wage and Hour

    New York Labor Department No Longer Pursuing Call-In Pay Regulations

    The New York State Department of Labor is no longer pursuing regulations on “call-in pay,” or predictive scheduling. Read full article

    Workplace Training


    Portland, Oregon, Bars Discrimination Against Atheists, Agnostics

    An amendment to Portland’s civil rights code extends protections against discrimination in employment, housing, and public accommodations to atheists, agnostics, and other “non-believers.” Read full article 

    New York City and State Expand Protections for Transgender, Non-Binary, Gender Non-Conforming Workers

    Protections for transgender, non-binary, and gender non-conforming employees in New York have been given a boost. Read full article

    Illinois Bill Introduced to Require Sexual Harassment Training for All Restaurant Employees

    Illinois has joined the growing number of states proposing mandatory sexual harassment training. Read full article


    Class Action Trends Report Winter 2019
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    Top Five Labor Law Developments for January 2019
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