Employers May Bypass Union Activities’ Reporting Requirement Under the “Persuader Rule” If They Take Action Before July 1st

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July 1, 2016

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Last month, we reported on the U.S. Department of Labor’s (“DOL”) recently-issued Final Rule (“Rule”), designed to boost transparency in union/collective bargaining. Beginning July 1, 2016, the Rule requires public disclosures from an employer’s advisors (e.g., labor relations consultants or attorneys) who are engaged to perform any work that “has the ultimate objective of persuading employees” in relation to union/collective bargaining matters.

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Workplace Posting Deadlines for July 1, 2016

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July 1, 2016

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A number of minimum wage and/or specific paid sick leave ordinances go into effect in July, just one week away. Employers should check the table below for some imminent deadlines for workplace postings.

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Workplace Wellness Incentive Guidelines Update

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January 1, 2017

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Implementing a company wellness program can reduce overall health-related costs, such as reducing the amount of employee absences or lack of productivity due to illness.  It can also help retain and attract talent in a competitive market.  Given the positive impact on a company’s well-being, many employers are implementing wellness programs for employees.

On May 16, 2016, the U.S. Equal Employment Opportunity Commission (“EEOC”) published two Final Rules (“Rule(s)”) clarifying under what conditions employers can offer incentives for employee participation in workplace wellness programs, while also protecting employees from discrimination.  The two Rules apply to the Americans with Disabilities Act (“ADA”) and the Genetic Information Non-Discrimination Act (“GINA”).

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OSHA Issues Final Rule Increasing Employer Reporting Requirements

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NOTE: The effective date for OSHA’s expanded whistleblower protections has been revised.  This change took place after this article’s initial publication date. For more information on the new effective date, please see our August Alert, topic #2.

The U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) published a Final Rule (“Rule”) on May 11, 2016 that (1) requires employers to electronically report injury and illnesses in the workplace, (2) strengthens whistleblower protections, and (3) allows OSHA to publicly post some of the reported data on OSHA’s website.

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Employers Have a Right to Protect Trade Secrets in Federal Court

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May 11, 2016

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The Defend Trade Secrets Act (“DTSA”) was signed into law on May 11, 2016.  It amends the Economic Espionage Act of 1996, allowing private companies to protect their trade secrets by bringing civil lawsuits in a federal court.  This brings trade secrets into alignment with protections already in place for owners of copyrights, patents and trademarks.

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Seventh Circuit States Class Action Waivers in Arbitration Agreements are Invalid

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May 26, 2016

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In Lewis v. Epic Systems Corporation, the Seventh Circuit Court of Appeals unanimously stated that arbitration agreements that prohibit collective arbitration or collective actions, including class, collective and representative actions, violate Section 7 of the National Labor Relations Act (“NLRA”).

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Ninth Circuit States Federal Rounding Regulation Does Not Require Employees to Gain or Break Even

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All Alaska, Arizona, California, Hawaii, Idaho,
Montana, Nevada, Oregon, and Washington Employers

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May 2, 2016

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The Ninth Circuit Court of Appeals stated in Corbin v. Time Warner Entertainment Advance/Newhouse Partnership (“TWEAN”) that the federal rounding regulation for timekeeping, versus actual time worked, does not require employees to gain or break even over each pay period.  Rather, the regulation is intended to calculate wages such that they average out over the long term.  In Corbin, an employee argued that he had wrongfully been deducted minutes of compensable time as a result of the rounding system.

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Wisconsin to Require 6 Weeks’ Unpaid Bone Marrow/Organ Donor Leave

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All Private Wisconsin Employers of 50+ Employees

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July 1, 2016

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The Wisconsin Donation Leave Act (“WDLA”) will soon require private Wisconsin employers of 50 or more employees to provide up to six weeks of unpaid leave per 12-month period for bone marrow or organ donation procedures.  The WDLA mirrors many of the provisions of Wisconsin Family and Medical Leave Act (“WFMLA”) and applies to the same employers covered under the WFMLA.  Key provisions of the WDLA are included below.

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New York City Releases Guidance on Pregnancy Accommodation Requirements

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May 6, 2016

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The New York City Commission on Human Rights (“Commission”) recently released a guide on how the pregnancy accommodations under the New York City Pregnant Workers Fairness Act will be enforced.  The guide outlines five categories of potential violations, summarized below:

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June Updates

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This HR Alert addresses the following topics:
  1. U.S. Supreme Court Declines to Rule on Contraceptive Coverage Decisions
  2. U.S. Supreme Court Ruling Revises Statute of Limitations on Constructive Discharge Claims
  3. EEOC Doubles Poster Violation Penalty Fine
  4. EEOC Provides Guide for Using Leave as a Reasonable Accommodation under ADA
  5. California Businesses Now Have Time to Fix Accessibility ADA Violations
  6. California Paid Sick Leave Coverage Expanded to In-Home Workers
  7. Los Angeles, CA Doubles Paid Sick Leave, Effective July 1, 2016
  8. Santa Monica, CA’s Paid Sick Leave Implementation Delayed to 2017
  9. Georgia: Franchisors are not Employers of Franchisees or Franchisees’ Workers
  10. Many Tennessee Employers Soon Required to Use E-Verify
  11. Vermont Passes Ban-the-Box Legislation

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