Tuesday, July 7, 2026Labor & Employment Law
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Labor Law - General
The National Labor Relations Board has found the individuals who produce electronic content for viewing during professional basketball games are employees, rather than independent contractors. Minnesota Timberwolves Basketball, LP, 365 NLRB No. 124 (2017). The Board reversed the decision of an NLRB
Title VII - EEO-1
In a much-anticipated move, the Office of Management and Budget’s Office of Information Regulatory Affairs (OIRA) has directed the Acting Chair of the Equal Employment Opportunity Commission to suspend implementation of the EEOC’s revised EEO-1 report, which included detailed pay reporting obligatio
Affirmative Action - OFCCP
In a recent letter responding to an inquiry regarding the proposed merger between OFCCP and EEOC, Acting OFCCP Director Tom Dowd detailed the regulatory requirements to undertake a merger, which would take effect in 2019. He also suggested interim alternatives exist to achieve the efficiencies inten
Immigration - General
U.S. Customs and Border Protection (CBP) is deploying staff and equipment for search and rescue efforts and to work at local, state, and federal emergency operations centers in Texas in response to Hurricane Harvey.
Delaware
With another Labor Day approaching, employers are once again thinking about the many tasks that need to be completed before year end. Let’s add one more – remembering to add Delaware to the list of jurisdictions prohibiting employers from asking applicants’ compensation history pre-offer. The synops
Affirmative Action - OFCCP
We have learned the Office of Information Regulatory Affairs (OIRA) has decided to postpone indefinitely effectiveness of the newly created pay data reporting component of the annual EEO-1 report. In a letter addressed to Acting EEOC Chair, Victoria Lipnic, OIRA explained it has stayed the effective
Lawyering - Expert Witnesses
Expert testimony can play a significant role in shaping the outcome of cases that go to trial. For example, in a case lacking witnesses or evidence that could directly support or undercut the plaintiff’s accusations of severe sexual misconduct, what stood out most was the expert testimony.
HR - General
The deadline to comply with the first set of requirements under the new DFS Cybersecurity Regulations (“the Regulations”) is here! By today, August 28, 2017, businesses subject to the Regulations must ensure that they:
New York - General
The New York State Department of Financial Services (DFS) has set cybersecurity regulations that require minimum standards for protecting the customer information and information systems of the financial services industry. Unless an exemption applies, the deadline to comply with the first set of req
FLSA - Hours Worked
As Hurricane Harvey continues to wreak havoc on Houston, Texas, and surrounding areas, undoubtedly, many businesses have been damaged or destroyed, while others have closed temporarily for safety and security reasons. These businesses may remain closed, or operate with limited hours, for days, weeks
New York - General
The New York State Department of Taxation and Finance (the “Department”) recently provided guidance regarding the taxation of contributions made under, and benefits paid under, New York State’s new paid family leave program (“Program”). After reviewing applicable law and other guidance, and after co
Labor Law - General
With the recent confirmation of Marvin Kaplan to the National Labor Relations Board, the Obama (pro-union) Board is officially transitioning into a Trump (pro-business) Board. With that, Republicans hope, will come a change in the Board’s jurisprudence with respect to labor-friendly rulings by the O
Iowa
A former staffer for the Iowa Senate Republican Caucus in Iowa has been awarded $2.2 million in damages for retaliation that will be paid from Iowa’s already-floundering general fund. Kirsten Anderson was terminated from her position as communications director for the caucus in 2012. She alleged the
Immigration - Visas
The U.S. Embassy and Consulates in Russia announced that “[a]s a result of the Russian government’s personnel cap imposed on the U.S. Mission, all nonimmigrant visa (NIV) operations across Russia will be suspended beginning August 23, 2017.”
Connecticut - General
Connecticut’s “An Act Concerning Pregnant Women in the Workplace” strengthens considerably the workplace protections for pregnant employees and applies to employers who employ at least three employees. The Act takes effect on October 1, 2017.
Delaware
Delaware joins the growing number of states that recently amended their data breach notification law. On August 17th, Delaware amended its data breach notification law with House Bill 180, the first significant change since 2005, effective 240 days after enactment (on or about April 14, 2018).
Labor Law - Union Organizing
In August 2016, the National Labor Relations Board reversed longstanding precedent and ruled that students “who have a common-law employment relationship with their university are statutory employees under the [National Labor Relations] Act.” Columbia University, 364 NLRB No. 90 (Aug. 23, 2016). A y
Labor Law - Weingarten Rights
Nurses had no right to union representation in their hospital employer’s peer review committee proceedings, the Court of Appeals for the District of Columbia Circuit has ruled. Midwest Division – MMC, LLC, dba Menorah Medical Center v. NLRB, No. 15-1312 (D.C. Cir. Aug. 18, 2017). The Court, however,
Labor Law - Weingarten Rights
As noted in our previous post about Dirty Dancing, as part of its investigation into thefts of guests’ property, the resort owner interviewed staff dance instructor, Johnny Castle (Johnny denies involvement in the burglaries), to determine whether he had an alibi for the evening when Moe Pressman’s
Illinois - Wage & Hour
The Illinois state legislature passed House Bill (HB) 2462 which would prevent employers from inquiring about a job applicant’s salary history and lower the burden on employees claiming equal pay violations. The Bill now awaits Governor Bruce Rauner’s signature.