SDNY Vacates DOL Regulations Implementing the Families First Coronavirus Response Act

On August 3, 2020, the Southern District of New York’s August 3, 2020, ruling in New York v. U.S. Department of Labor, et al., No. 1:20-cv-03020 vacated portions of the U.S. Department of Labor (DOL) regulations implementing the Families First Coronavirus Response Act (FFCRA). The following Q&A details the many ways in which the ruling will impact employers, including which DOL regulations were struck down by the order, the conditions under which employees can take FFCRA leave and the emergence of FFCRA-related lawsuits.

For the full alert, visit the Faegre Drinker website.

New Executive Order Requires Federal Agencies to Ensure That Contractors Do Not Use Foreign Labor to Displace American Workers

On August 3, 2020, President Donald Trump signed an executive order and released a related fact sheet in furtherance of the White House’s continued efforts to ensure that federal agencies focus on using United States labor in their federal contracts. This new executive order, which is arguably in furtherance of the previous Buy American Hire American executive orders, requires federal agencies to review their contracts and subcontracts from fiscal years 2018 and 2019 to assess whether their contractors used temporary foreign labor to perform the contracts in the United States or performed such contracts in foreign countries when the work had previously been performed in the United States. Federal agencies are then required to determine whether these temporary foreign labor hiring practices and/or offshoring practices negatively affected opportunities for United States workers. Within the next six months, agencies are required to submit reports to the Office of Management and Budget with their findings and to recommend, if necessary, any proposed corrective actions and the timelines to implement such actions.

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Tenth Circuit Ruling Shows Bostock’s Impact on Title VII Employment Litigation

In the wake of the Supreme Court’s landmark ruling in Bostock v. Clayton County, Georgia, which extended federal statutory protections to the LGBT community, many have wondered how that decision might impact other employment litigation under Title VII of the Civil Rights Act of 1964. The Tenth Circuit’s recent decision in Frappied v. Affinity Gaming Black Hawk, LLC, No. 19-1063 (10th Cir. 2020), suggests that, following Bostock, courts may begin to recognize new claims or even reconsider prior limitations on Title VII’s scope.

For the full alert, visit the Faegre Drinker website.

Veteran Focused Reviews Are Underway: Are You Next?

On August 4, 2020, the Office of Federal Contractor Compliance Programs (OFCCP) announced via email that it has begun scheduling Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) focused reviews.

VEVRAA focused reviews are dedicated to evaluating contractor compliance with VEVRAA equal employment opportunity requirements. The OFCCP evaluates contract compliance through a variety of methods, including evaluation of:

  • Hiring and compensation related data
  • Policies and practices — including recruitment, hiring and accommodation requests
  • Onsite interviews of managers and employees

Continue reading “Veteran Focused Reviews Are Underway: Are You Next?”

New USCIS Filing Fees Go Into Effect October 2, 2020

On August 3, 2020, U.S. Citizenship and Immigration Services (USCIS) published a final rule updating filing fees for immigration and naturalization applications. The new fees will be required starting October 2, 2020. Especially notable for employment-based applications is that there will be different filing fees for H, L and O petitions, even though they are all filed using Form I-129.

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U.K. Employment Law Update: Confidentiality Breaches, Anonymous Witnesses and the ‘Last Straw’ Doctrine

Breach of Confidentiality Term in a COT3 Settlement Agreement

In the case of Duchy Farm Kennels v. Steels, the High Court considered whether a term of confidentiality in a COT3 settlement agreement was a condition of the agreement, in which case a former employee’s breach of that term would have entitled the employer to withhold payments due under the agreement. Continue reading “U.K. Employment Law Update: Confidentiality Breaches, Anonymous Witnesses and the ‘Last Straw’ Doctrine”

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