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September 13, 2018

Proposed Joint-Employer Rule Would Reverse NLRB's Controversial Browning-Ferris Case and Restore "Substantial Direct and Immediate Control" Standard

The National Labor Relations Board has issued a proposed rule revising the test for whether two employers are considered “joint employers” under the National Labor Relations Act.

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September 12, 2018

EEO-1 Reporting Deadline Still March 31

For over 50 years, by September 30, employers with 100 or more employees and federal contractors with at least 50 employees were required to submit an EEO-1 report to the EEOC.

Insight
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September 12, 2018

Sixth Circuit Provides Expansive Due Process Rights in Title IX Cases

The 6th Circuit recently held that in conducting Title IX investigations, colleges and universities must provide parties an opportunity to cross-examine witnesses in the presence of a neutral fact-finder in cases hinging on witness credibility.

Insight
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September 11, 2018

Hurricane Florence Approaches – What Can Employers Anticipate?

Hurricane Florence shows no sign of relenting as it barrels toward Virginia and the Carolinas. When the storm passes, employers may face a myriad of employment law issues.

Insight
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September 11, 2018

Connecticut Continues to Extend Protections to Employees under State Medical Marijuana Law, Rejects Federal Preemption Defense

A Connecticut federal court has issued another decision further expanding protections to individuals who are qualified under Connecticut’s Palliative Use of Marijuana Act (PUMA) to use marijuana.

Insight
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September 11, 2018

From Ballots to Bills: Michigan Adopts Paid Sick and Safe Time Law and Raises the Minimum Wage

On September 5, 2018, the Michigan Legislature adopted as law a proposed ballot measure that will require employers to provide their employees paid leave that can be used for “sick” and “safe” time purposes.

Insight
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September 11, 2018

Third Circuit Holds Individual Plaintiffs Lack Standing for Some Alleged Violations of the FCRA's Pre-Adverse Action Notice Requirement

The Third Circuit has joined the chorus of recent circuit court opinions tackling the question of constitutional standing to sue in federal court under the Fair Credit Reporting Act (FCRA).

Insight
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September 10, 2018

Eighth Circuit Holds Individual Plaintiff Lacks Standing for Alleged Violations of the FCRA’s Authorization and Disclosure Requirement

On September 6, 2018, the 8th Circuit held that an individual plaintiff did not have constitutional standing to sue in federal court under the FCRA for an alleged violation of the statute's authorization and disclosure requirement.

Insight
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September 7, 2018

Significant Compliance Challenges in New York State's Proposed Anti-Sex Harassment Rules: What Can Employers Do Now?

Recently, NY's governor issued an executive order that includes draft model documents on the new sexual discrimination and harassment law, as well as a draft set of FAQs that elaborate on the statutory requirements. Comments are due September 12, 2018.

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September 7, 2018

Future of Work Agenda Includes Controversial Workplace Proposals

A new report, The Future of Work, Wages, and Labor: Policy & Recommendations, sets forth a laundry list of labor and employment priorities.

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