http://www.lawupdates.com en LawUpdates.com, LLC Copyright 2013 2013-05-22T20:17:43+00:00 http://www.lawupdates.com/commentary/iparisi_v._goldman_sachs_co._isecond_circuit_upholds_arbitration_clau/ http://www.lawupdates.com/commentary/iparisi_v._goldman_sachs_co._isecond_circuit_upholds_arbitration_clau/ Expert Legal Commentary || By Jeremy Gray || The Second Circuit recently upheld the use of arbitration in a Title VII gender discrimination case even when the arbitration clause forbid class-wide arbitration. In Parisi v. Goldman Sachs & Co., No. 11-5229-cv (2d Cir. March 21, 2013), the Court found that Title VII “pattern-or-practice,” which is only available to… employment 2013-05-22T22:22:17+00:00 http://www.lawupdates.com/summary/house_passes_working_families_flexibili/ http://www.lawupdates.com/summary/house_passes_working_families_flexibili/ New Proposed Legislation || Working Families Flexibility Act of 2013 || The U.S. House of Representatives has passed the Working Families Flexibility Act of 2013 (H.R. 1406), a bill sponsored by U.S. Representative Martha Roby (R-AL) to help Americans better balance the demands of work and family. employment_new-proposed-legislation 2013-05-21T22:04:55+00:00 http://www.lawupdates.com/commentary/igenesis_healthcare_corp._v._symczyk_i_divided_supreme_court_rules_aga/ http://www.lawupdates.com/commentary/igenesis_healthcare_corp._v._symczyk_i_divided_supreme_court_rules_aga/ Expert Legal Commentary || By Jeremy Gray || The Supreme Court recently held that a plaintiff had no “continuing interest” in her FLSA case, and thus could not go forward representing similarly situated, unnamed claimants. In Genesis Healthcare Corp. v. Symczyk, 11-1059 (U.S. Apr. 16, 2013), a 5-4 Supreme Court found that once a FLSA plaintiff’s individual case… employment 2013-05-16T23:13:42+00:00 http://www.lawupdates.com/summary/us_labor_department_seeks_input_on_regulations_regarding_lifetime_income_i/ http://www.lawupdates.com/summary/us_labor_department_seeks_input_on_regulations_regarding_lifetime_income_i/ New Statutes, Regulations, and Rules || Pension Benefit Statements || The U.S. Department of Labor's Employee Benefits Security Administration has issued an advance notice of proposed rulemaking focusing on lifetime income illustrations given to participants in defined contribution pension plans such as 401(k) and 403(b) plans. employment_new-statutes-regulations-and-rules 2013-05-8T20:53:10+00:00 http://www.lawupdates.com/summary/uscis_reaches_fy_2014_h-1b_cap_within_first_week_of/ http://www.lawupdates.com/summary/uscis_reaches_fy_2014_h-1b_cap_within_first_week_of/ New Statutes, Regulations, and Rules || Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements || For the first time since 2008, U.S. Citizenship and Immigration Services (USCIS) has reached the statutory H-1B cap of 65,000 for fiscal year (FY) 2014 within the first week of the filing period. employment_new-statutes-regulations-and-rules 2013-04-19T22:10:05+00:00 http://www.lawupdates.com/summary/judge_orders_arizona_worker_be_offered_reinstatement_paid_back_wages/ http://www.lawupdates.com/summary/judge_orders_arizona_worker_be_offered_reinstatement_paid_back_wages/ New Statutes, Regulations, and Rules || Solis v. D.S. Waters of America Incorporated || A U.S. district court judge in Phoenix by a consent judgment has ordered that an Arizona delivery driver be offered reinstatement and receive back pay and reimbursement of medical expenses under the Family and Medical Leave Act. employment_new-statutes-regulations-and-rules 2013-04-18T19:06:08+00:00 http://www.lawupdates.com/summary/uscis_to_accept_h-1b_petitions_for_fiscal_year_2014_starting_today_april_1/ http://www.lawupdates.com/summary/uscis_to_accept_h-1b_petitions_for_fiscal_year_2014_starting_today_april_1/ New Statutes, Regulations, and Rules || H-1B Fiscal Year (FY) 2014 Cap Season || U.S. Citizenship and Immigration Services (USCIS) has announced that it will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2014 cap today, Monday, April 1, 2013. employment_new-statutes-regulations-and-rules 2013-04-1T01:50:21+00:00 http://www.lawupdates.com/summary/retailer_refused_to_provide_an_interpreter_for_deaf_job_applicant/ http://www.lawupdates.com/summary/retailer_refused_to_provide_an_interpreter_for_deaf_job_applicant/ New Statutes, Regulations, and Rules || EEOC v. Toys "R" Us, Inc. || Toys "R" Us, Inc., one of the world's largest retailers of toys and juvenile products, violated federal law when it first refused to provide an interpreter for a deaf applicant and then failed to hire her, the U.S Equal Employment Opportunity Commission (EEOC) charged in a lawsuit. employment_new-statutes-regulations-and-rules 2013-03-28T18:18:20+00:00 http://www.lawupdates.com/commentary/district_court_declines_to_require_heightened_pleading_from_e/ http://www.lawupdates.com/commentary/district_court_declines_to_require_heightened_pleading_from_e/ Expert Legal Commentary || By Jeremy Gray || A federal district court recently upheld the EEOC’s ability to file suits against employers without pleading facts unique to each member of an affected class. In EEOC v. United Parcel Service, Inc., 09-cv-5291 (N.D. Ill. Jan. 11, 2013), the court held that the EEOC’s complaint met the Iqbal and Twombly… employment 2013-03-26T00:26:36+00:00 http://www.lawupdates.com/summary/new_dol_rule_on_the_amendments_to_the_fmla_benefits_military_families_and_a/ http://www.lawupdates.com/summary/new_dol_rule_on_the_amendments_to_the_fmla_benefits_military_families_and_a/ New Statutes, Regulations, and Rules || DOL No. Release Number: 13-0212-NAT, Federal Register Volume 78, Number 25 || The U.S. Department of Labor marked the 20th anniversary of the signing of the Family and Medical Leave Act by issuing a final rule implementing two important expansions of FMLA protections. employment_new-statutes-regulations-and-rules 2013-03-20T17:08:37+00:00 http://www.lawupdates.com/summary/federal_pay_freeze_bill_to_eliminate_2013_statutory_pay_adjustment_for_fede/ http://www.lawupdates.com/summary/federal_pay_freeze_bill_to_eliminate_2013_statutory_pay_adjustment_for_fede/ New Proposed Legislation || To Eliminate the 2013 Statutory Pay Adjustment for Federal Employees || The Federal Pay Freeze Bill has passed the U.S. House of Representatives in a bipartisan 261 – 154 vote, with 43 Democrats voting for the bill. employment_new-proposed-legislation 2013-03-11T22:34:57+00:00 http://www.lawupdates.com/summary/us_labor_department_issues_final_rules_for_multiple_employer_health_care_ar/ http://www.lawupdates.com/summary/us_labor_department_issues_final_rules_for_multiple_employer_health_care_ar/ New Statutes, Regulations, and Rules || Filings Required of Multiple Employer Welfare Arrangements and Certain Other Related Entities || The U.S. Department of Labor's Employee Benefits Security Administration has announced final rules under the Affordable Care Act to protect workers and employers whose health benefits are provided through Multiple Employer Welfare Arrangements. employment_new-statutes-regulations-and-rules 2013-03-1T19:22:05+00:00 http://www.lawupdates.com/commentary/imacdermid_inc._v._deiter_isecond_circuit_approves_long-arm_jurisdiction_wh/ http://www.lawupdates.com/commentary/imacdermid_inc._v._deiter_isecond_circuit_approves_long-arm_jurisdiction_wh/ Expert Legal Commentary || By Jeremy Gray || The Second Circuit has approved long-arm jurisdiction over a foreign defendant who remotely accessed computers within the jurisdiction. In MacDermid, Inc. v. Deiter, 11-5388-cv, (2d. Cir. Dec. 26, 2012), the Court determined that such activity fell within the state’s long-arm statute and passed due process concerns. employment 2013-02-15T20:18:21+00:00 http://www.lawupdates.com/summary/eeoc_to_develop_quality_control_plan_for_investigations_and_conciliations/ http://www.lawupdates.com/summary/eeoc_to_develop_quality_control_plan_for_investigations_and_conciliations/ New Statutes, Regulations, and Rules || United States Equal Employment Opportunity Commission Strategic Plan for Fiscal Years 2012 – 2016 || The U.S. Equal Employment Opportunity Commission (EEOC) has announced t that it is inviting public input into a Quality Control Plan (QCP) under development as part of its Strategic Plan. employment_new-statutes-regulations-and-rules 2013-02-13T21:29:23+00:00 http://www.lawupdates.com/summary/bipartisan_legislation_reforms_employment-based_h-1b_and_student_visas_incr/ http://www.lawupdates.com/summary/bipartisan_legislation_reforms_employment-based_h-1b_and_student_visas_incr/ New Proposed Legislation || Immigration Innovation (I2) Act of 2013 || U.S. Senators Marco Rubio (R-Fla.), Orrin Hatch (R-Utah), Amy Klobuchar (D-Minn.), and Chris Coons (D-Del.) have introduced legislation, the Immigration Innovation (I2) Act of 2013, to bring long-overdue reforms to the nation’s immigration laws for high-skilled workers. employment_new-proposed-legislation 2013-02-4T22:47:59+00:00 http://www.lawupdates.com/summary/federal_court_affirms_agency_may_file_class_complaint_without_complete_info/ http://www.lawupdates.com/summary/federal_court_affirms_agency_may_file_class_complaint_without_complete_info/ New Statutes, Regulations, and Rules || EEOC, et al., v. United Parcel Service, Inc. || On its own motion, a federal district court has reversed itself and denied a defendant's motions to dismiss a lawsuit by the U.S. Equal Employment Opportunity Commission (EEOC) against United Parcel Service, Inc., the agency said.. employment_new-statutes-regulations-and-rules 2013-01-25T14:20:41+00:00 http://www.lawupdates.com/summary/department_of_homeland_security_announces_final_rule_on_waiver_process/ http://www.lawupdates.com/summary/department_of_homeland_security_announces_final_rule_on_waiver_process/ New Statutes, Regulations, and Rules || Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives || Secretary of Homeland Security Janet Napolitano has announced the posting of a final rule in the Federal Register that reduces the time U.S. citizens are separated from their immediate relatives (spouse, children and parents), who are in the process of obtaining visas to become lawful permanent residents of the United… employment_new-statutes-regulations-and-rules 2013-01-11T05:05:18+00:00 http://www.lawupdates.com/summary/eeoc_approves_strategic_enforcement_plan/ http://www.lawupdates.com/summary/eeoc_approves_strategic_enforcement_plan/ New Statutes, Regulations, and Rules || U.S. Equal Employment Opportunity Commission's Strategic Enforcement Plan for Fiscal Years 2013 - 2016 || The U.S. Equal Employment Opportunity Commission (EEOC) has approved a Strategic Enforcement Plan (SEP) to establish national enforcement priorities and better integrate enforcement responsibilities. The SEP passed 3-1 with bipartisan support. employment_new-statutes-regulations-and-rules 2013-01-7T12:39:29+00:00 http://www.lawupdates.com/summary/nlrb_requires_balancing_of_employer_confidentiality_interests_and_a_unions_/ http://www.lawupdates.com/summary/nlrb_requires_balancing_of_employer_confidentiality_interests_and_a_unions_/ New Statutes, Regulations, and Rules || American Baptist Homes of the West d/b/a Piedmont Gardens and Service Employees International Union, United Healthcare Workers || The National Labor Relations Board has ruled that, in considering whether an employer is obligated to provide witness statements to a union representing an employee concerning discipline, the Board must balance the confidentiality interests of the employer against the union’s need for the information. employment_new-statutes-regulations-and-rules 2013-01-2T19:59:25+00:00 http://www.lawupdates.com/summary/nlrb_issues_significant_decisions_in_recent/ http://www.lawupdates.com/summary/nlrb_issues_significant_decisions_in_recent/ New Statutes, Regulations, and Rules || Significant Decisions of NLRB || The National Labor Relations Board this week made public a number of significant decisions, most reached in the final days of the term of Member Brian Hayes, which ended on December 16. employment_new-statutes-regulations-and-rules 2012-12-22T00:15:11+00:00 http://www.lawupdates.com/summary/us_department_of_labor_proposes_rule_to_help_retirees_workers_of_bankrupt_c/ http://www.lawupdates.com/summary/us_department_of_labor_proposes_rule_to_help_retirees_workers_of_bankrupt_c/ New Statutes, Regulations, and Rules || Amendments to the Abandoned Plan Regulations; Notice and Proposed Rule || employment_new-statutes-regulations-and-rules 2012-12-15T02:42:27+00:00 http://www.lawupdates.com/summary/faa_proposes_policy_to_improve_flight_attendant_workplace/ http://www.lawupdates.com/summary/faa_proposes_policy_to_improve_flight_attendant_workplace/ New Statutes, Regulations, and Rules || Policy Statement on Occupational Safety and Health Standards for Aircraft Cabin Crewmembers || The U.S. Department of Transportation's Federal Aviation Administration, working with the U.S. Department of Labor's Occupational Safety and Health Administration, has proposed a new policy for addressing flight attendant workplace safety. employment_new-statutes-regulations-and-rules 2012-12-15T00:32:06+00:00 http://www.lawupdates.com/summary/house_approves_stem/ http://www.lawupdates.com/summary/house_approves_stem/ New Proposed Legislation || STEM Jobs Act of 2012 || The House of Representatives has approved the STEM Jobs Act (H.R. 6429) by a vote of 245-139. employment_new-proposed-legislation 2012-12-7T22:10:54+00:00 http://www.lawupdates.com/summary/us_department_of_labor_publishes_final_tribal_consultation/ http://www.lawupdates.com/summary/us_department_of_labor_publishes_final_tribal_consultation/ New Statutes, Regulations, and Rules || Tribal Consultation Policy || The U.S. Department of Labor today published in the Federal Register its finalized tribal consultation policy, which establishes a formal process through which the department will engage in consultation with federally recognized tribes on actions or policies that will have a significant impact on tribal nations. employment_new-statutes-regulations-and-rules 2012-12-5T04:01:54+00:00 http://www.lawupdates.com/summary/federal_agency_releases_results_of_october_impact_inspections/ http://www.lawupdates.com/summary/federal_agency_releases_results_of_october_impact_inspections/ New Statutes, Regulations, and Rules || MSHA Monthly Impact Inspection List (October 2012) || The U.S. Department of Labor's Mine Safety and Health Administration has announced that federal inspectors issued 210 citations and 14 orders during special impact inspections conducted at nine coal mines and five metal/nonmetal mines last month. employment_new-statutes-regulations-and-rules 2012-11-30T03:05:40+00:00