In a sweeping decision issued on August 23, 2016, the National Labor Relations Board reversed its 2004 holding in Brown University that graduate students are not employees under the National Labor Relations Act.
On August 24, 2016, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration (FAR Council) released the final rule implementing the “Fair Pay and Safe Workplaces” Executive Order (EO),
The Ninth Circuit has held that an arbitration agreement that required employees to bring claims in “separate proceedings”, thereby prohibiting class and collective actions, violated the employees’ right to engage in concerted activity under the NLRA.
NY Attorney General Schneiderman announced agreements with three separate companies in three different industries under which they each agreed to stop utilizing non-compete agreements that applied to a broad range of their employees.
Effective August 10, 2016, Colorado has eliminated the requirement that employers collect and retain state employment verification forms for each new hire.
The Fifth Circuit found that a Minnesota staffing company was not liable for a $226,000 fine it received when it completed Section 2 in Minnesota after reviewing copies of the Form I-9 documents presented by new hires located in El Paso, Texas
The SEC has issued a cease-and-desist Order and imposed remedial sanctions against a company for severance agreement language requiring outgoing employees to agree to waive recovery of any monetary award from the SEC after filing a whistleblower complaint
Federal agencies have increased the civil fines for employers that commit immigration-related offenses, such as unfair employment or discrimination practices, H-1B and H-2B program violations, and Form I-9 and E-VERIFY violations.
