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THE BEACON 
 
Monthly Newsletter About Workforce Development Issues 
  
   
Welcome. In this issue of The Beacon, we look at the new I-9 form, the injunction of the Federal blacklisting rules, the NLRB ruling, the FLSA lawsuit, and much more...
 
I-9 Form Due Out By November 22nd - Not Required to Use Until January 21st

We have been waiting for months now for an answer to this question:  when will a new I-9 form be released?  The subject had been a topic of conversation since the form technically "expired" on 3/31/2016.  Yet a new form was not issued at that time.  We waited....and waited....and waited some more. 
 


Classic Court of law 3
Injunction Obtained on the Federal Blacklisting Rules

The Texas court system has proven to be a godsend for employers in 2016. 

First, an injunction was issued against the United States Department of Labor (DOL); blocking its efforts to expand the reporting requirements on employer persuader activities back in June, and now the Texas court system has struck again.


courtroom US Court of Appeals for First Circuit Redefines Review Standard for Sexual Harassment and Bias Claims

In overturning a lower U.S. District Court decision, the United States Court of Appeals for the First Circuit  has set a new (and easier) standard for the level of evidence that will be sufficient from which a jury could find in favor of a plaintiff regarding mixed motive sex discrimination cases (including claims for sexual harassment and sex gender).   



NLRB Overrules Brown University - Finds Teaching Assistants are Statutory Employees

Applying a new standard that student assistants who have a common-law employment relationship with their university are statutory employees under the NLRA, a divided four-member panel of the NLRB, in a 3-1 decision, found that student assistants at Columbia University were statutory employees.



Final Rule Gives Seven Days of Paid Sick Leave to Federal Contractors' Employees

The Department of Labor has released a final rule implementing Executive Order 13706, "Establishing Paid Sick Leave for Federal Contractors," signed by President Barack Obama on September 7, 2015.  The final rule implements the requirement in EQ 13706 that certain parties contracting with the federal government provide employees up to seven days of paid sick leave annually.




 


  Marylou V. Fabbo, Partner at Skoler, Abbott & Presser P.C.

Unsuccessful FLSA Lawsuit May Cost Employees
 
When an employee wins a lawsuit against an employer brought under the Fair Labor Standards Act ("FLSA"), an employer must pay the employee's reasonable attorneys' fees and costs in addition to any judgment against it.  Sometimes the attorneys' fees and costs are more than the judgement itself.
 
        
SHRM Affiliate Courts' FMLA Decisions Make 2016 the 'Year of the Employer'
by Allen Smith, J.D.

Courts ruled in favor of employers in a bevy of Family and Medical Leave Act (FMLA) cases in 2016, making it the "year of the employer,' said Marjory Robertson, assistant vice president and senior counsel at Sun Life Financial Services Company Inc., at the Association of Corporate Counsel's Annual Meeting.
 
 
Knock It Off!

Want to really boost employee' productivity (and happiness)?  Teach them to STOP doing these six things...






 
  
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