Joint Employer Finalized, or Not!

It’s hard to fathom that the joint employer question/issue, first created under the Obama administration with the NLRB Browning-Ferris decision back in 2015, is still unresolved all these years later. As we advised last week, the NLRB and the Department of Labor have both issued a “final rule” re-establishing the historical definition of joint employer.…

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SCOTUS Expands I-9

In a 5-4 decision along ideological lines this week, the Supreme Court of the United States (SCOTUS) expanded the potential use I-9 information for the potential prosecution of state crimes as well. The 1986 Immigration Reform and Control Act (IRCA), which created the I-9 form, states that the information “may not be used for purposes…

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Drive-by Lawsuits

We noted this week a story on the dramatic increase – to record breaking numbers – of lawsuits filed alleging violations of the Americans with Disabilities Act (ADA) Title III. Over 11,000 lawsuits were filed in 2019 – up from just 2700 in 2013 – alleging some violation of the landmark 1990 law. That fact…

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Feds Considering H-2B Visa Increase

In a budget hearing before the Senate Appropriations Committee subcommittee on Homeland Security this week, Acting Department of Homeland Security Secretary Chad Wolf reported that a decision on raising the cap for the temporary non-agricultural guest worker H-2B visa program will be made “very shortly.” The H-2B program is currently capped at 66,000 visas issued…

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Federal Agencies Post Regulatory Guidance

Today is the deadline for all federal agencies to post all of their various guidance documents explaining their regulations. As mandated by two Executive Orders issued back in October, the guidance, which includes letters, press releases, adjudication decisions and the like, must now be posted on searchable websites. The Executive Orders signed in October –…

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Court Upholds NYC Fair Workweek Law

In a decision released this past Tuesday, New York state Supreme Court justice Arthur Engoron dismissed a lawsuit challenging the validity of the New York City Fair Workweek law enacted back in 2017.  The New York Fair Workweek law requires fast-food employers in the Big Apple to provide workers with 14 days advance notice of…

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Court Accepts End of Pay Data Collection

In a decision rendered earlier this week, the U.S. District Court for the District of Columbia approved a request by the Equal Employment Opportunity Commission (EEOC) to close any further collection of pay data for years 2017 and 2018. The mandate for collection of the expanded pay data, which includes detailed information on sex, race…

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Court Upholds Salary History Ban in Philadelphia

A ban on salary history inquiries by employers in the city of Brotherly Love was upheld by a federal court some three years after the challenge was filed by the Greater Philadelphia Chamber of Commerce. The U.S. Court of Appeals for the Third Circuit last week vacated a preliminary injunction that had been granted on…

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St. Louis Joins Ban the Box Parade

Last week, we advised you that the Maryland Legislature wasted little time before it overrode Governor Larry Hogan’s veto of the Ban the Box legislation in the First State. Keeping in that vein, the city of St. Louis, Missouri approved its own ordinance a few weeks ago and became the third city in the Show…

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Maryland Overrides Veto, Bans the Box

Despite a veto of SB. 839 by Maryland Governor Larry Hogan last May, the Maryland legislature went ahead and overrode that veto last week and thereby became the 14th state in the nation to “Ban the Box”.  “An Act Concerning Labor and Employment – Criminal Record Screening Practices (Ban the Box)”  prohibits employers with 15…

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