One year passed since the U. S. Supreme Court ruled in Epic Systems Corp. v. Lewis that arbitration agreements which provide for individualized proceedings are enforceable and do not violate either the Federal Arbitration Act (“FAA”) or the National Labor Relations Act (“NLRA”). Since Epic, the legality of class waivers has still been a hot-button issue with multiple arbitration cases on the Supreme Court’s docket. Recently, in Lamps Plus v.Read more
On March 14, 2019, the U.S. Department of Labor released new opinion letters that addressed compliance issues related to the Family and Medical Leave Act (FMLA). An opinion letter is an official, written opinion by the Department of Labor’s Wage and Hour Division on how a particular law applies to a specific circumstance.
The newest FMLA opinion letter clarifies whether employers can let workers take paid leave in lieu of FMLA Leave.
Last week, members of the U.S. House of Representatives reintroduced a bill that would amend the Civil Rights Act of 1964 to include sex, sexual orientation, and gender identity among the prohibited categories of discrimination or segregation. Title VII prohibits discrimination based on “sex.” The bill defines “sex” to include sex stereotype, sexual orientation or gender identity, and pregnancy, childbirth or a related medical condition.Read more
On February 28, 2019, U.S. Rep. Hank Johnson (D-GA) and U.S. Sen. Richard Blumenthal (D-Ct) introduced the Forced Arbitration Injustice Repeal Act (the “FAIR act). The goal of this bill is to increase Americans’ right to seek justice and accountability through the court system.
If passed, the bill would amend the Federal Arbitration Act to prohibit mandatory pre-dispute arbitration agreements that force arbitration of future employment, consumer, antitrust, or civil rights disputes.
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Adventures in Workers’ Compensation takes the audience through a choose your own journey experience in processing a workers’ comp claim. Audience members will evaluate and decide on issues including: certification, independent medical examinations, substantial aggravation, compensation issues, court, and settlement.
A year following the inception of the #MeToo movement, the Equal Employment Opportunity Commission (EEOC) held a public meeting on October 31, 2018, entitled Revamping Workplace Culture to Prevent Harassment. During this meeting, the Commission heard from 7 panelists who testified about how each of their respective organization are tackling harassment in the workplace through preventive measures, innovative training approaches, awareness campaigns, and leadership accountability.Read more