Tuesday, July 7, 2026Labor & Employment Law
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California - General
The Los Angeles Fair Chance Initiative for Hiring Ordinance (“FCIHO”) went into effect on January 22, 2017. The Bureau of Contract Administration (BCA), the Designated Administrative Agency responsible for enforcing the Ordinance, has issued “Rules and Regulations” (“Regulations”) for the FCIHO. The
GSA
We’ve previously written about the Department of Labor’s new fiduciary rule, which expands the definition of who is considered a fiduciary under the Employee Retirement Income Security Act, as amended (“ERISA”) and the Internal Revenue Code of 1986, and which addresses related prohibited transaction
OSHA - General
The Occupational and Safety and Health Administration released a preliminary list of the 10 most frequently cited safety and health violations for 2016, compiled from about 32,000 inspections of workplaces by federal OSHA staff.
Immigration - General
President Donald Trump had campaigned on prioritizing and protecting the interests of American workers and reducing unlawful employment of aliens. In a draft Executive Order, “Protecting American Jobs and Workers by Strengthening the Integrity of Foreign Worker Visa Programs,” he promises to “restor
Ohio
The Ohio employment discrimination statute may be in for substantial changes. A bill aimed at comprehensive reform of Ohio’s employment discrimination statute (R.C. § 4112) has been introduced Ohio Legislature.
ADA - Post Hire Inquiries and Exams
When used lawfully, post-offer, pre-employment medical examinations can be a powerful tool. But a recent federal district court case demonstrates the importance of carefully implementing such programs.
ADA - Disability Defined
In 2009, Congress passed the Americans With Disabilities Amendments Act (ADAAA), unquestionably expanding the definition of a disability under the ADA and, for all practical purposes in most cases, shifting the focus of disability lawsuits in federal court.
Sex Discrimination - Orientation And Identity
The Trump Administration has announced that the Department of Education (DOE) and the Department of Justice (DOJ) rescinded the Obama Administration’s May 2016 Dear Colleague Letter directing that schools “treat a student’s gender identity as the student’s sex for purposes of Title IX and its implem
Labor Law - NLRB
President Donald J. Trump has narrowed his list of candidates to fill the two open seats on the five-member National Labor Relations Board to Marvin Kaplan, William Emanuel, and Douglas Seaton, according to Bloomberg BNA. Emanuel and Seaton are labor attorneys and Kaplan is counsel to the Commission
Benefits - HSAs
The health savings account (“HSA”) has become, since its creation in 2003, an increasingly popular option for employers to subsidize employee group health costs. Employees with HSAs can save money, on a tax-free basis, for medical expenses that aren’t otherwise covered. The account’s interest earnin
Sex Discrimination - Orientation And Identity
In addition to issues involving the environment, immigration, and national security, the Trump Administration has been in the headlines recently for its stance on matters impacting the LGBT community.
HR - Drugs & Alcohol
In one of the Trump Administration’s first public statements on recreational marijuana, White House Press Secretary Sean Spicer stated in a press conference today that the Department of Justice may seek “greater enforcement” of the federal laws prohibiting the recreational use of marijuana.
Affirmative Action - OFCCP
As a follow up to our post yesterday, there is additional information available regarding OFCCP’s recent mailing out of courtesy scheduling announcement letters.
Immigration - General
Two memorandums from the Department of Homeland Security implementing President Donald Trump’s Executive Orders on “Enhancing Public Safety in the Interior of the United States” and “Implementing the President’s Border Security and Immigration Enforcement Improvements Policies” establish broad enfor
OSHA - Record Keeping
The Occupational Safety and Health Administration has reminded employers they must post a copy of the agency’s “Summary of Work-Related Injuries and Illnesses” (Form 300A) summarizing job-related injuries and illnesses logged during 2016.
California - General
In another important decision regarding an employer’s obligation to provide rest breaks, the California Supreme Court in Jennifer Augustus et al. v. ABM Security Services, Inc. (2016) 2 Cal.5th 257, dealt with two issues related to employee rest breaks: 1) whether employers are required to permit th
OSHA - Mining
The Mine Safety and Health Administration has issued a “fatal accidents alert” after two separate mining accidents claimed the lives of two miners within a 24-hour period. The alert lists best practices to avoid accidents.
OSHA - General
There are new developments related to OSHA’s Electronic Recordkeeping Rule and the Volks Rule. As a reminder, the Electronic Recordkeeping Rule requires certain employers to electronically file their OSHA recordkeeping data with OSHA as well as heightens scrutiny related to both drug testing and saf
Affirmative Action - OFCCP
It has come to our attention that OFCCP has sent out Courtesy Scheduling Announcement Letters providing contractors with advance notice of upcoming OFCCP audits. Signed by interim Director Tom Dowd, dated February 17, 2017 and addressed generically to Human Resources Director, the letters provide wa
Immigration - Visas
Petitions for new H-1B visas are eligible to be filed on April 1, 2017, for federal FY 2018 beginning October 1, 2017. There are a limited number of new H-1B visas each year (65,000 and an additional 20,000 for foreign nationals with a U.S. Master’s degree or higher), which historically is used up w