Littler Shareholders Maury Baskin and Michael Lotito Testify at NLRB Public Meeting

Nearly 50 speakers have or are slated to testify during the National Labor Relations Board’s 2-day public meeting on the proposed expedited or “ambush” election rule. The Board sought input on approximately 20 different issues stemming from the proposed rule, which would make significant changes to pre- and post- representation election process. Among the speakers were Littler Shareholders Michael Lotito and Maury Baskin, who testified specifically about the proposal’s expedited timing of the pre-election hearing; the requirement that an employer identify all potential bargaining unit issues in its statement of position or forever waive them; the types of matters that should be resolved at the pre-election hearing; and how the rules should address voter lists.  Read the full post here. (April 11, 2014)

Congress: Heal Thyself

Many private employers, and the agencies under the federal executive branch, provide regular sexual harassment training to their employees.  Yet, one notable employer, the United States Congress, does not. Rep. Jackie Speier (D-CA) seeks to bridge that gap. On Tuesday April 8, 2014, she introduced a resolution to amend the Rules of the House of Representatives to require members and their staff to take “a specific program of training in the prevention and deterrence of sexual harassment in employment.” The annual training would be two hours for new members and employees, and one hour thereafter. Read the full post here. (April 10, 2014)

House Committee Advances Bills Seeking to Block NLRB Election Rule

During a Wednesday markup session, the House Committee on Education and the Workforce voted along party lines in favor of sending to the House floor two bills that would effectively prevent the National Labor Relations Board from moving forward with its proposed expedited or “ambush” election rule in its current form.  According to Chairman John Kline (R-MN), the two bills “provide an appropriate government response” to the Board’s proposed rule. Read the full post here. (April 10, 2014)

Senate Once Again Blocks Paycheck Fairness Act

As expected, Senate supporters of the Paycheck Fairness Act (S. 2199) failed to muster the 60 votes needed to advance the bill to a floor vote.  This bill would have, among other things, expanded damages available under the Equal Pay Act (EPA) to include potentially unlimited compensatory and punitive awards for wage discrimination; weakened an employer’s ability to raise the “factor other than sex” affirmative defense in a wage discrimination case; eased the requirements for bringing a class action lawsuit under the EPA; made it unlawful for an employer to prevent employees from discussing or comparing salaries; and imposed additional compensation reporting requirements on employers.  The measure needed an additional six votes to ensure filibuster-proof consideration. Read the full post here. (April 9, 2014)

President Obama Poised to Enact Provisions of Paycheck Fairness Act through Executive Action

Because the House of Representatives is not expected to consider the Paycheck Fairness Act (S. 2199) this term, President Obama will reportedly implement provisions of this measure applicable to federal contractors via Executive actions on Tuesday.  The move will coincide with Equal Pay Day, and is the latest in a series of recent Presidential actions designed to implement employment law reform by bypassing Congress. Read the full post here. (April 7, 2014)

Immigration Update for the Week of April 7, 2014

US and Mexico Sign Agreement to Promote Enforcement of Employment Laws that Protect Migrant Workers

The Secretary of the U.S. Department of Labor and the Secretariat of Labor and Social Welfare of Mexico signed an agreement on April 3, 2014, to strengthen the relationship between both nations and promote compliance of the labor laws of both countries, especially as it relates to the protection of migrant workers.  Through this joint effort, both governments seek to ensure that migrant workers become more knowledgeable of their legal rights, as well as of the employer’s obligations. Read the full post here. (April 11, 2014)

California Supreme Court Hears Arguments on Whether Discrimination Claim Barred if Employee Used Another’s Social Security Number When Applying for Position

The California Supreme Court recently heard oral arguments in an appeal brought by a former employee who claims the lower courts incorrectly determined that his disability discrimination claim was barred because he misappropriated someone else’s Social Security number to apply for the job. Read the full post here. (April 11, 2014)

H-1B Cap Reached for Fiscal Year 2015

U.S. Citizenship and Immigration Services (USCIS) announced on Monday, April 7, 2014 that it received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year 2015 during the first week of the filing period, which ran from April 1, 2014 to April 7, 2014.  USCIS also confirmed that it received more than the limit of 20,000 H-1B petitions under the advanced degree exemption.  As the H-1B cap is now officially oversubscribed, USCIS will no longer accept H-1B cap petitions for fiscal year 2015. Read the full post here. (April 7, 2014)