June 2015 L&E Update from Baker Donelson

Submitted by Firm:
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
Firm Contacts:
Christine M. White, Jennifer L. Anderson, Phyllis G. Cancienne, Robert C. Divine
Article Type:
Legal Update

That heat you are feeling may or may not be from the summer sun – it could be coming from the government as it keeps the pressure on with new rules, regulations and rulings. Check out the new FMLA forms, the new take on non-compete laws, the new requirements for ERISA fiduciary oversight of plan investments and new guidance on controversial Executive Order 13673. Not to mention new rules for filing H-1B amendments and providing restrooms for transgender employees – it's enough to make you sweat!

Newly Revised Model FMLA Forms Are Now Available, by Dena Sokolow

The Department of Labor has posted new model FMLA forms. While not substantively different from the previous versions, care should be taken to use the correct form for the need and in filling them out.  More...

Class Action Attempt to Void Jimmy John's Non-Competes Goes Stale, by Jason Bush

Sandwich chain Jimmy John's has been in the news lately because of non-compete agreements that employees of its franchisees sign. Although the ruling was in favor of Jimmy John's, it does underscore some interesting issues that franchisors need to keep in mind.  More...

SCOTUS Reinforces ERISA Fiduciaries' Continuing Duty To Monitor Plan Investments, by Christopher Morris

Recently, the United States Supreme Court addressed the application of ERISA's statute of limitations for violations of fiduciary duties as they relate to selection and monitoring of benefit plan investment options. But their ruling leaves some uncertainty in the scope of ERISA's fiduciary duties.  More...

DOL Presents: The Ghost of Violations Past, by David Harvey

On May 28, 2015, the DOL issued proposed guidance for President Obama's infamous Executive Order 13673 – "Fair Pay and Safe Workplaces." The order applies to new federal contracts with an estimated worth of more than $500,000 and is expected to go into effect at some date in 2016. Although the stated purpose of the Order is "to increase efficiency and cost savings in the work performed by parties that contract with the Federal Government by ensuring that the parties are responsible and comply with labor laws," the guidance admits that "most federal contractors [already] comply with applicable laws and provide quality goods and services to the government and taxpayers."  More...

Immigration Corner: USCIS Elaborates on When to File Amendment Under Simeio, by Melanie Walker

We previously provided an alert on the precedential decision Matter of Simeio Solutions, LLC and its holding that an H-1B amendment must be filed whenever a new Labor Condition Application is required to change an H-1B employee's worksite. The USCIS has now published further guidance designed to help employers comply with the ruling in Simeio and determine whether an H-1B amendment filing is or is not necessary.  More...

OSHA Issues Guidance Regarding Transgender Employees, by Adria Hertwig

Last week, OSHA issued guidance strongly urging employers to give transgender employees access to restrooms that correspond to their gender identity.  More...

L&E Compass
Check out our blog for a dive into a lot of EEOC activity: the Supreme Court religious discrimination case involving Abercrombie & Fitch; another Supreme Court case involving FedEx and the EEOC; and the EEOC's efforts to implement a digital charge pilot program. Click here to read!