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August 12, 2016

Fifth Circuit Overturns $226,000 Fine Imposed on a Staffing Company for Completing Section 2 of Form I-9 Remotely

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

Insight
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August 12, 2016

SEC Issues Cease-and-Desist Order Against Severance Agreement Clause Limiting Whistleblowers' Rights to Recover Bounty Awards

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

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August 12, 2016

Fines for I-9 and Other Immigration Violations Have Increased as of August 1, 2016

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.

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August 10, 2016

Seattle Ballot Initiative Targets Hotel Industry

Seattle Initiative 124 would impose new and significant health and safety, healthcare, and hiring requirements on the City’s hotel industry.

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August 9, 2016

Ninth Circuit Holds Section 1983 First Amendment Retaliation Claim Not Necessarily Precluded By Age Discrimination in Employment Act

On August 5, 2016, the U.S Court of Appeals for the Ninth Circuit held that the Age Discrimination in Employment Act (ADEA) does not preclude a First Amendment retaliation claim under section 1983 of the federal Civil Rights Act.

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August 8, 2016

Nevada Supreme Court Rules that Overly Broad Non-Compete Agreements are Wholly Unenforceable

The Nevada Supreme Court held that when a non-compete agreement extends beyond what is necessary to protect the employer’s interest, the agreement is wholly unenforceable and courts may not modify or “blue pencil” the contract to make it reasonable.

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August 5, 2016

Certain Large Retailers and Food Service Employers in NYC Must Enter Labor Peace Agreements under New Executive Order

NYC Executive Order requires all large retail or food service employers operating on the premises of a “City Development Project” to sign a so-called “Labor Peace Agreement” with any union that seeks to represent their employees.

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August 5, 2016

California's Recreational Marijuana Initiative Is Not Expected To Impact Employer Workplace Drug Policies

California may be the next state to join Alaska, Colorado, the District of Columbia, Oregon and Washington in legalizing adult recreational use of marijuana.

Insight
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August 5, 2016

Zika Virus – Concerns for U.S. Employers and Protections for Employees

The active transmission of the Zika virus by mosquitos in Miami, Florida, along with the Zika-related challenges faced by individuals travelling to Rio de Janeiro for the Olympics, have raised new concerns over the virus for employers.

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August 5, 2016

Canada: Ontario Special Advisors Issue Interim Report on the Changing Workplace

Ontario government-appointed Special Advisors have released an Interim Report identifying workplace issues under the main labor and employment statutes and options for amendment.

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