Employers advised to stay up to date on legal trends affecting transgender rights

February 23, 2017 - by: Tammy Binford 0 COMMENTS

The Trump administration’s action rescinding guidance to public schools on restroom policies for transgender students sends a different signal than guidance from federal agencies dealing with employment, but the real message for employers is to stay tuned.

On February 22, the Trump administration revoked Obama administration guidelines that advised public schools to allow transgender students to use restrooms corresponding to their gender identity instead of their gender assigned at birth. The Trump administration’s new guidance now puts the question of restroom access on states and school districts.

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California employers have until March 1 to comply with new restroom law

by Michelle Lee Flores and Brett Nicole Taylor

California employers need to be in compliance with the state’s new “all-gender” requirements for single-use restrooms by March 1.

Assembly Bill 1732 requires all single-user toilet facilities in any business establishment, place of public accommodation, or local government agency in California to be identified as an all-gender restroom. Thus, if a California business has a toilet facility with no more than one water closet and one urinal with a lock controlled by the user, signage on the restroom must indicate that it’s an all-gender facility. California’s all-gender restroom law is one of many recent state laws addressing restroom rights for members of the transgender community.

In addition, federal agencies have released guidance on the issue. Under the Obama administration, the Equal Employment Opportunity Commission declared that transgender employees are protected against sex-based discrimination under Title VII of the Civil Rights Act of 1964. Also, the Occupational Safety and Health Administration published guidance on transgender employees’ restroom access that states that all employees, including transgender employees, should have access to restrooms that correspond to their gender identity.

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Employment lawyers like new Trump pick to head DOL

February 16, 2017 - by: Kate McGovern Tornone 0 COMMENTS

President Donald Trump has nominated Alexander Acosta, a former National Labor Relations Board (NLRB) member, to serve as secretary of labor. The announcement came less than 24 hours after Trump’s first choice, Andrew Puzder, withdrew from the approval process.

Acosta, who is currently the dean of the Florida International University College of Law, is well qualified for the position, experts say. He was nominated to the NLRB by President George W. Bush and later served as assistant attorney general for the U.S. Department of Justice’s Civil Rights Division, which means he has a good understanding of how agencies operate, according to David S. Fortney, a founder of Fortney & Scott and an editor of Federal Employment Law Insider.

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Trump taps former NLRB member to head DOL after Puzder withdraws

February 16, 2017 - by: Kate McGovern Tornone 0 COMMENTS

UPDATE: President Trump has nominated Alexander Acosta, a former National Labor Relations Board member, to serve as Secretary of Labor. The announcement came less than 24 hours after Trump’s first choice withdrew from the approval process.

Acosta is currently dean of the Florida International University College of Law. He was nominated to the board by President George W. Bush and later served as assistant attorney general for the U.S. Department of Justice’s Civil Rights Division.

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Arizona Supreme Court keeps challenge to Proposition 206 alive

by Dinita L. James

The uncertainty surrounding Proposition 206’s mandate of a $10 minimum wage for 2017 will continue for a few more weeks, as the Arizona Supreme Court has decided to consider business groups’ challenge to the voter-approved law. After a Valentine’s Day conference, Chief Justice Scott Bales announced in a five-sentence order that the court will hear argument on one of the two issues raised by the challengers.

The court set a hearing for March 9, 2017, on whether the Fair Wages and Healthy Families Act adopted by Arizona voters in November 2016 violates the Revenue Source Rule of the Arizona Constitution and, if it does, what the appropriate remedy would be. The rule requires that any citizen initiatives that require the expenditure of state funds specify from where those funds will come.

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Employers advised to be careful dealing with immigrant protests

by Jacob M. Monty
Monty & Ramirez, LLP

Employers need to be aware of legal risks associated with how they handle various protests related to immigrants in the United States, including a boycott and work stoppage planned for February 16.

The “A Day Without Immigrants” campaign is encouraging immigrant employees to stay home from work, immigrant-owned businesses to close, immigrant students to stay home from school, and immigrant customers to refrain from making any purchases on February 16.

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Advocacy groups challenge Trump’s 2-for-1 regulation requirement

February 09, 2017 - by: Kate McGovern Tornone 0 COMMENTS

Three liberal advocacy groups have filed a lawsuit alleging that President Donald Trump’s 2-for-1 regulation mandate violates the U.S. Constitution and directs agencies to violate federal law.

In a January 30 Executive Order, Trump instructed federal agencies to cut two regulations for every new one issued during the current fiscal year. He said the order is aimed at alleviating the regulatory burdens businesses face.

Now, consumer group Public Citizen is challenging the Executive Order, joined by the Natural Resources Defense Council and the Communications Workers of America. In a February 8 complaint, the groups alleged the order violates the Constitution and requires federal agencies to violate both the laws they implement and the Administrative Procedure Act.

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Missouri governor signs new right-to-work law

by Bob Kaiser, Daniel O’Toole, and Jeremy Brenner

As anticipated, the Missouri Legislature has once again passed a right-to-work law. However, unlike the two prior right-to-work measures passed by the legislature but vetoed by former Governor Jay Nixon, the version passed on February 2 was signed into law by newly elected Governor Eric Greitens on February 6. Missouri has now become the 28th right-to-work state.

Law’s key provisions

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Stakeholders get more time to comment on EEOC’s harassment guidance

February 06, 2017 - by: Kate McGovern Tornone 0 COMMENTS

Stakeholders now have until March 21 to comment on proposed antiharassment guidance from the Equal Employment Opportunity Commission (EEOC).

The move is in line with the new administration’s overall approach of pausing Obama administration initiatives and taking time to evaluate them, said Jonathan Mook, a founding partner of DiMuro Ginsberg PC and an editor of Virginia Employment Law Letter. Given the change in administration, it makes sense to provide stakeholders more time, he said.

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SCOTUS nominee ‘excellent’ choice for employers

February 01, 2017 - by: Kate McGovern Tornone 0 COMMENTS

President Donald Trump’s nomination of Judge Neil Gorsuch to the U.S. Supreme Court’s vacant seat may be good news for employers, according to employment law attorneys.

Gorsuch is known for adhering to the letter of the law, which means he won’t create any new rights through judicial activism, according to John Husband, a senior partner at Holland & Hart in the judge’s hometown of Denver.

Trump announced his pick January 31, calling Gorsuch “a man who our country really needs—and needs badly—to ensure the rule of law and the rule of justice.”

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