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March 2017

New EEOC rules allowing employers to offer employees incentives to participate in wellness programs took effect on January 1, 2017.  The AARP had sued to block the rules contending that the rules permit employers to compel employees to surrender private health and genetic information that the ADA and GINA generally protect from involuntary disclosure...
A number of recent developments have occurred in worker authorization for purposes of the immigration laws.  Form I-9.  All employers must use the new Form I-9 beginning no later than January 21, 2017. Notice of Suspect Documents.  An employer who receives a "Notice of Suspect Documents" from the government must take certain steps to avo...
Misclassification cases in which it is alleged that independent contractors are actually employees have been one of the most important and heavily-litigated areas of employment law in recent years.  Many of the lawsuits are filed under the Fair Labor Standards Act or comparable state laws and seek wage and hour and other protection for workers. ...
Two new developments have raised the stakes in the drafting and enforcement of non-competition agreements.  While there are various forms of non-competition agreements, basically they prohibit a former employee from competing against a former employer for a period of time, such as two years.  An alternative is to prohibit the former employee fro...
One day after President Trump’s first nominee for Secretary of Labor withdrew, the President announced that Alexander Acosta would be his new Labor Secretary - Designate.  The prior Labor Secretary - Designate, Andy Pudzer, had been the President’s perhaps most controversial appointment to the Cabinet.  Not only was he president of v...