Bass, Berry & Sims attorney Tim Garrett discussed how natural disasters, such as the recent Hurricane Matthew, can impact employers and employees as they strive to maintain compliance with labor and employment laws. The article outlines key compliance areas such as timekeeping records and delivery of paychecks that could be effected. As with any disruption in normal work schedule, Tim recommends that “employers remain focused on relationship issues with [the] workforce. This often is an opportunity for employers to show with their actions that the words ‘we value our employees’ ring true.”

The full article, “Hurricane Damage Control: Piecing Together Time Records,” was published on the SHRM website on October 10, 2016.

Section 1557 of the Patient Protection and Affordable Care Act (ACA) prohibits any health program or activity that receives federal funding (currently limited to federal funding from the Department of Health and Human Services (HHS)) from discriminating against an individual on the basis of race, color, national origin, sex, age or disability.  Notably, HHS has described Section 1557 as the first civil rights law banning discrimination on the basis of sex in the provision of healthcare services, which includes discrimination based on gender identity, gender expression and transgender status.

While Section 1557 has technically been in effect since the passage of the ACA in 2010, HHS’ Office of Civil Rights (OCR) released final regulations in May of this year, finalizing some key compliance requirements.  Many of the new procedural requirements introduced by the final regulations went into effect on July 18, 2016.  However, perhaps the most significant requirement – the requirement to provide and post nondiscrimination notices – becomes effective on October 16, 2016 (a Sunday).1

Continue Reading ACA Section 1557 – October Nondiscrimination Notices Loom Near

The U.S. Department of Labor has issued its final rule requiring federal contractors to provide at least seven days or 56 hours of paid sick leave each year to employees who perform work on covered federal contracts. This rule is the final implementation of Executive Order 13706, which President Obama issued in September 2015. The new rule becomes effective on November 29, 2016, though in most instances, as discussed below, it will only be applicable to new contracts awarded on or after January 1, 2017. Contractors should, however, take steps now to ensure compliance.

Continue Reading Department of Labor Issues Final Rule Requiring Paid Sick Leave for Federal Contractors

Bass, Berry & Sims attorney Tim Garrett discussed the potential delay in implementation of the new overtime rules for an article in Nation’s Restaurant News. A bill that could delay the implementation of the overtime rules by six months cleared the House on September 28, 2016, but the bill faces a potential veto by the President if it progresses pass the Senate. Tim notes that the real battle for the legislation will be whether it can garner the two-thirds vote needed to override the potential veto. “‘I would be surprised,’ Tim said. ‘This is a difficult political point to make it appear as though a senator or congressman is against an increase in pay for the middle class.'”

Continue Reading House Approves Delay in Overtime Rule Implementation

Bass, Berry & Sims attorney Tim Garrett authored an article for Workforce magazine outlining how the workplace can be considered the unintended battleground for cultural wars. In the article, Tim identifies the causes of this reality and the tension it creates; highlights certain “false” solutions; and provides a more effective, practical solution for working toward a coherent, team-oriented, positive work environment.

Continue Reading Arming for the Workplace Cultural Dynamics

On September 29, 2016, California Gov. Jerry Brown signed a new bill requiring that all single-occupancy restrooms in the state be identified as “all gender.”

Continue Reading All Single Occupancy Restrooms Must Now Be Identified as Gender Neutral in California

The Equal Employment Opportunity Commission (EEOC) recently issued updated guidance on workplace retaliation issues. This is the first update to the workplace retaliation policy since 1998 for what has become the most commonly reported complaint among employees in all sectors of employment in the U.S.  As employers know, retaliation is taking a materially adverse action against an applicant or employee because that person engaged, or may engage, in asserting his/her rights under any of the statutes enforced by the EEOC which include:

Continue Reading Workplace Retaliation: What Is It and How to Avoid It

Bass, Berry & Sims attorneys Doug Dahl and David Thornton authored an article for HR Professionals Magazine outlining the top 10 things every HR professional should know about the Department of Labor’s (DOL’s) new fiduciary rule. In the article, Doug and David answer the following 10 questions about the new rule:

Continue Reading Attorneys Offer Top 10 Guide Regarding DOL’s New Fiduciary Rule

The Ninth Circuit recently held in Morris v. Ernst & Young, LLP that employees have a substantive right to pursue work-related claims collectively, and employers may not force employees to waive this right as a condition of employment.  As a result, class action waivers in arbitration agreements signed as a condition of employment are no longer enforceable in California.

Like many employers throughout the country, Ernst & Young required that all its employees sign arbitration agreements as a condition of employment, and each agreement required that the employees promise not to join with other employees in bringing legal claims against the company.  Specifically, the agreements required that the employees pursue legal claims (1) exclusively through arbitration, and (2) only as individuals and in “separate proceedings.”  As a result, employees could not initiate concerted legal claims against the company in any forum, whether court, arbitration proceedings or elsewhere.

Continue Reading Class Action Waivers in Arbitration Agreements Signed as a Condition of Employment No Longer Enforceable in California

Some employers require all, or most, of their employees to sign a non-competition agreement, rationalizing that even if not enforceable, at least the non-competition agreement will make the employee “think twice” before leaving, especially to a competitor.  This practice has come under attack recently as anti-competitive.

Continue Reading Non-Competition Agreements Under Fire: Who Should be Required to Sign?

From the Bass, Berry & Sims Blog Network
From the Bass, Berry & Sims Blog Network

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