Management's Workplace Lawyers

November 2016 E-Update

November 30, 2016

Persuader Rule "Permanently Enjoined" from Taking Effect

On November 16, 2016, a Texas federal court judge converted a temporary injunction to a permanent one barring implementation of the Department of Labor’s new interpretation of the advice exception to the “persuader rule.” 

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EEOC Issues Enforcement Guidance on National Origin Discrimination

The Equal Employment Opportunity Commission has issued its Enforcement Guidance on National Origin Discrimination, replacing the section of its 2002 Compliance Manual on this topic. This document summarizes the EEOC’s position on various national origin discrimination issues and provides suggestions for employers on avoiding or minimizing national origin discrimination claims. 

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Employer May Terminate Employee for FMLA Fraud and Dishonesty

The U.S. Court of Appeals for the 4th Circuit upheld the termination of an employee who was found to have lied about his use of Family and Medical Leave Act leave during his vacation and during the subsequent investigation. 

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IRS – ACA Reporting Extension

The Internal Revenue Service has extended the issuing deadline under the Affordable Care Act for certain employer-provided information to employees from January 31, 2017 to March 2, 2017. 

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EEOC – Sexual Orientation Discrimination

The Equal Employment Opportunity Commission issued a news release, announcing that a Federal Court has ruled for the first time that sexual orientation discrimination is a form of sex discrimination prohibited by Title VII. 

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Arbitration – CBA and Statutory Discrimination Claims

According to the U.S. Court of Appeals for the 2nd Circuit, although a Collective Bargaining Agreement prohibited discrimination based on a list of personal characteristics and “any characteristic protected by law,” it did not reference the employer’s obligation to comply with specific anti-discrimination laws, and therefore the CBA’s arbitration provision was not “clear and unmistakable” with regard to coverage of such statutory claims. 

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ADA – Implied Request for Reasonable Accommodation

Although most courts have found that an employee must clearly request a reasonable accommodation for a disability under the Americans with Disabilities Act, the U.S. Court of Appeals for the 8th Circuit held that such a request can be implied under the circumstances.

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Maryland – Child Labor Poster

The Maryland Department of Licensing and Labor Regulation has issued an updated version of the child labor poster, “Minor Fact Sheet,” which is required for employers who employ minors.

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TOP TIP: Make Sure Electronic FCRA Forms Are Compliant

We have previously discussed the need to ensure that the required Fair Credit Reporting Act disclosure and authorization forms and notices meet the very technical requirements of the Act, and wanted to highlight a recent case that discusses this need in the electronic context. 

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