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Latest from Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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EEOC Clarifies EEO-1 Requirements. The Equal Employment Opportunity Commission (EEOC) confirmed that it is still waiting for approval by the Office of Management and Budget to collect 2019 EEO-1 data and that the survey is therefore not yet available. PRO Act Fallout. The Protecting the Right to Organize Act of 2019 (PRO Act) may be stalled in the U.S. Senate, but repercussions of the bill’s recent passage in the U.S. House of Representatives are still…
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On February 20, 2020, at its monthly public meeting, the California Occupational Safety and Health Standards Board voted unanimously to approve the proposed “Outdoor Agricultural Operations During Hours of Darkness” regulation that amends Title 8 of the California Code of Regulations (CCR), Sections 3441 and 3449. The newly approved rules, which include requirements for work-area lighting and high-visibility garments, will likely take effect next year following the completion of the regulatory implementation process. Employers with…
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U.S. Citizenship and Immigration Services (USCIS) is set to take a big first step toward the implementation of its new electronic registration system for fiscal year (FY) 2021 H-1B cap cases (those subject to the annual quota). Beginning February 24, 2020, USCIS will allow employers to access the system to create H-1B registrant accounts. Employers must set up registrant accounts in order to participate in the H-1B selection lottery that will take place at the…
In this episode of the Third Thursdays podcast, Ruthie Goodboe examines the use of social media in the workplace through the lens of labor law. Delving into the positives—and the pitfalls—she discusses the advantages of using social media, like increased transparency, as well as the potential legal snares.  She explains several relevant advice memoranda from the National Labor Relations Board General Counsel, and she outlines guidance for constructing and implementing a social media policy that…
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In 2015, the City of St. Petersburg, Florida, approved an ordinance prohibiting wage theft in the city. The Wage Theft Ordinance (WTO) “aims to eliminate the underpayment or nonpayment of wages” by giving private employees within the city’s limits an administrative process for seeking back wages, liquidated damages, and costs and attorney’s fees. Pinellas County maintains a similar, though not identical, wage theft ordinance. In 2016, the city amended its ordinance to include two notice…
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On January 22, 2020, Cynthia Attwood and Amanda Wood Laihow were sworn in to serve their respective appointments as commissioners of the Occupational Safety and Health Review Commission (OSHRC). The U.S. Senate confirmed both of Donald J. Trump’s nominees by voice vote on January 9, 2020. Commissioners Attwood and Laihow will serve alongside OSHRC’s current chair, James J. Sullivan, Jr. Chairman Sullivan said in a statement that he “welcomed the return of a full complement…
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An important deadline is upon us: March 2, 2020, is the deadline for electronically reporting OSHA Form 300A data for calendar year 2019. In 2016, the Occupational Safety and Health Administration (OSHA) amended its recordkeeping rule to require certain employers to submit data from their Form 300 logs, Form 301, and Form 300A summaries to the agency electronically. However, in response to the continuing concerns of many stakeholders about the effects of the amended recordkeeping…
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The Department of Health and Human Services (HHS) revisited the treatment of prescription drug manufacturer coupons in a proposed rule, published on February 6, 2020, that could be welcome news for employers that have been struggling to interpret conflicting guidance concerning these coupons. Under the proposed rule, called “HHS Notice of Benefit and Payment Parameters for 2021,” employers would have more flexibility in determining how and whether drug manufacturer coupons would count toward insurance…
In a 29-page decision, the U.S. Court of Appeals for the Second Circuit held in Fisher v. SD Protection Inc., No. 18-2504, that a district court had abused its discretion by rewriting a Fair Labor Standards Act (FLSA) settlement agreement to modify the allotment of the settlement funds to dramatically reduce the fees and costs provided to plaintiff’s counsel. In its holding, issued on February 4, 2020, the court determined that the district court…