Ninth Circuit: Internal Whistleblowers Protected Under Dodd-Frank Act

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All Employers with AK, AZ, CA, GU, HI, ID, MT, NV, OR, and WA Employees

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March 8, 2017

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In a recent case, the Ninth Circuit stated that the Dodd-Frank Act not only protects whistleblowers reporting to the U.S. Securities and Exchange Commission (“SEC”), but also protects whistleblowers who report misconduct internally to their employers.

Ninth Circuit: Pervasive, Unwanted Hugs May Create Hostile Work Environment

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All Employers with AK, AZ, CA, GU, HI, ID, MT, NV, OR, and WA Employees

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February 23, 2017

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A recent case, Zetwick v. County of Yolo, highlighted the importance of organizations conducting harassment prevention training. In Zetwick, Officer Victoria Zetwick complained that the sheriff of the department regularly greeted her and other female officers by hugging and sometimes kissing them on the cheek. He did not greet male employees in the same manner. Zetwick registered several complaints about the sheriff’s behavior, but her complaints were not acted upon.

California: Employment Decisions Based on Criminal History Will Soon Be More Challenging

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All Employers with CA Employees

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July 1, 2017

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California’s Fair Employment and Housing Council (“FEHC”) recently finalized new regulations that enhance current statewide “fair chance” hiring practices. The new regulations further limit employers’ ability to consider criminal history when making employment decisions, effective July 1, 2017.

April Updates

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Varies

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Varies

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This HR Alert addresses the following topics:
  1. REMINDER: H-1B Filing Season Begins April 3, 2017
  2. New Privacy Training Requirements for Certain Federal Government Contractors
  3. OSHA’s Continuous Recordkeeping Rule is Overturned
  4. OSHA Releases Preliminary Top 10 Workplace Safety Citations
  5. California: Reminder – Workplace Violence Prevention for Health Care Industry Effective April 1, 2017
  6. Georgia: District Court Defines the term “Modify” Under the Restrictive Covenants Act

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NLRB General Counsel Issues Memo on the Supreme Court’s Pending Class Action Waiver Decision

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All Employers

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January 26, 2017

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The U.S. Supreme Court recently announced its intention to review the split of authority among circuit courts regarding class action waivers in arbitration agreements.  In the meantime, employers have wondered whether similar cases currently in progress with the National Labor Relations Board (“NLRB”) will be suspended pending the Supreme Court’s decision.  The NLRB’s general counsel issued a memo instructing regional directors on how to proceed with similar cases.

Second Circuit: Employers May Be Responsible for Determining if FMLA Leave Applies

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All Employers with NY, CT, and VT Employees

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February 9, 2017

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The Second Circuit recently stated that employers are responsible for requesting additional information from an employee in order to determine if the employee is eligible for FMLA leave.

Third Circuit: Employer’s Good Faith Belief that FMLA Leave was Misused May Defeat Retaliation Claim

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All Employers with DE, NJ and PA Employees

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January 30, 2017

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On January 30, 2017, the Third Circuit Court of Appeals stated that an employer’s good-faith belief that an employee has abused FMLA leave could potentially defeat an FMLA retaliation claim, even if the employer’s belief is ultimately incorrect.  This decision aligns with several other circuit courts that have previously found such a good-faith belief could be a non-discriminatory reason for terminating an employee.

Fourth Circuit: Unique Six Factor Test to Determine Joint Employer Status

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All Employers with MD, NC, SC, VA and WV Employees

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January 25, 2017

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In Salinas v. Commercial Interiors Inc., the Fourth Circuit Court of Appeals recently established a unique six factor test for determining joint employer status that aligns with the Department of Labor’s broad interpretation of joint employer status, and rejected the more narrow “economic realities” test used in other circuit courts.

California: DFEH Affirms “100% Healed” Policies Violate Employer’s Duty to Accommodate

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All Employers with CA Employees

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February 14, 2017

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California’s Department of Fair Employment and Housing (“DFEH”) recently obtained a $290,000 settlement and reinstatement with reasonable accommodation on behalf of a high school custodian who was fired after sustaining an injury.  This settlement reinforces DFEH’s position that blanket policies requiring employees to be “100% healed” before they return to work violate the employer’s duty to reasonably accommodate an employee disability.

California: Commissioned Employees Must be Specifically Paid for Rest Breaks

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All Employers with CA Employees

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February 28, 2017

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Current California wage order regulations provide non-exempt employees a minimum 10-minute rest break for every four hours worked, or major fraction thereof.  These breaks must be counted as hours worked, must be paid at the employee’s hourly rate and cannot be deducted from employee wages.  A