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Kullman Firm Newsletter

NLRB GENERAL COUNSEL’S MEMORANDUM INDICATES FUTURE CHANGES Peter Robb, the National Labor Relations Board’s new General Counsel, has moved quickly in issuing comprehensive guidelines to the agency which unequivocally indicate that the era of activism and overreach by the Board will likely end. Two weeks after being sworn in as General Counsel, Robb has issued… Continue Reading »

Kullman Firm Newsletter

HIGH STAKES AT THE HIGH COURT: HERE’S THE LOWDOWN! The new 2017 term of the United States Supreme Court convened on October 2, 2017. That same day, the Court heard argument in three consolidated cases addressing whether class and collective action waivers are prohibited by the National Labor Relations Act’s right to engage in “concerted… Continue Reading »

Kullman Firm Newsletter

REMINDER: UPDATED I-9 FORM BECAME MANDATORY ON SEPTEMBER 18, 2017 As we previously reported, the U.S. Citizenship and Immigration Services (“USCIS”) recently released a revised version of the Form I-9. Be reminded that the new version became mandatory on September 18, 2017. For more information, click here. E-VERIFY EMPLOYERS: TIME TO CHANGE YOUR POSTERS! E-Verify… Continue Reading »

Kullman Firm Newsletter

HURRICANE HARVEY RAISES EMPLOYMENT CONCERNS FOR EMPLOYERS In light of the recent devastation caused by Hurricane Harvey and with Hurricane Irma currently threatening landfall in the United States, it is important for employers to prepare for unique employment law challenges that might arise during and following natural disasters.  For example, employers are likely to encounter… Continue Reading »

Revised EEO-1 Forms with Pay Data Collection Requirements Put on Indefinite Hold. Deadline for Filing the Old-Style Form Remains March of 2018.

On August 29, 2017 the EEOC posted an announcement that the Office of Management and Budget had ordered a review and immediate stay of the pay data collection parts of the revised EEO-1 form.  In a Memorandum to Acting EEOC Chair Victoria Lipnic, The OMB Administrator, Office of Information and Regulatory Affairs, Neomi Rao, stated… Continue Reading »

The Kullman Firm Welcomes Immigration Law Specialist Patricia Bollman

The Kullman Firm is pleased to announce that Patricia A. Bollman has joined the firm effective January 1, 2017.  Ms. Bollman specializes in the area of immigration and nationality law.  A significant portion of Ms. Bollman’s immigration law practice is in the area of employment-based non-immigrant and immigrant visas although she also handles family-based visas… Continue Reading »

USCIS Releases New Verison of the Form I-9

On November 14, 2016, the U.S. Citizenship and Immigration Services (“USCIS”) released a new version of the Form I-9, which will become mandatory on January 22, 2017.  The 11/14/16 version of the Form I-9 contains substantive changes including adding fields and revising some fields in Sections 1, 2 and 3 of the form.   It also… Continue Reading »

IRS Extends ACA Information Reporting Deadlines

The Internal Revenue Service (IRS) extended the due dates for furnishing Forms 1095-C to individuals from January 31, 2017, to March 2, 2017.  These information reports are required under the Patient Protection and Affordable Care Act for large employers (generally those with 50 or more full-time and full-time equivalent employees during the prior calendar year)…. Continue Reading »

DOL’s 12/1/16 Proposed Changes to “White Collar Exemptions” Halted by USDC in Texas

On November 22, 2016, the Honorable Amos L. Mazzant, a United States District Judge for the Eastern District of Texas, issued an Order Granting a Temporary Nationwide Injunction, halting the Department of Labor (DOL’s) impending December 1, 2016 implementation of drastic changes to the Fair Labor Standards Act’s “white collar exemptions.” The new regulations would… Continue Reading »

Texas Federal Judge Rules in Favor of Employers by Permanently Blocking the DOL’s “Persuader Rule”

In March of 2016, the Department of Labor (“DOL”) issued a reinterpretation of the Persuader Activities Rule (The “Revised Rule”). This Revised Rule required that: employers must annually report agreements that have the object of dissuading employees from supporting unions (“persuader activities agreements”); consultants must report such persuader activities agreements within 30 days; and consultants… Continue Reading »

Executive Order 13706–Paid Sick Leave for Federal Contractors

On September 7, 2015, President Obama signed Executive Order 13706, which requires some federal contractors and subcontractors to provide certain employees with up to seven days of paid sick leave annually.  The Order directed the Secretary of Labor to issue regulations implementing the Order’s requirements, and the Secretary of Labor did so on September 30,… Continue Reading »

EEOC Issues Final Enforcement Guidance on Retaliation and Related Issues

This week, the Equal Employment Opportunity Commission (“EEOC”) issued its long anticipated final Enforcement Guidance on Retaliation and Related Issues (“Guidance”).  This fifty-seven (57) page document includes twenty-three (23) pages of footnotes and provides detailed guidance on both legal and practical issues associated with claims of retaliation.  Simultaneously, the EEOC issued a Question and Answer… Continue Reading »

Carl Downing Passing – August 15, 2016

It is with sadness that we announce that Carl Downing has passed away.  Carl was one of the best labor lawyers in the country.  More importantly, he was a loving family man and a good friend to every one who was fortunate enough to know him.  Our thoughts and prayers are with the Downing family.

DOL Overtime & EEOC Wellness Programs Final Rules

On May 18, 2016, the U.S. Department of Labor (DOL) issued the final version of the much-anticipated overtime expansion rule, raising the minimum salary threshold required to qualify for the Fair Labor Standards Act (FLSA) “white collar” exemption to $47,476 per year, down approximately $3,000 from the DOL’s proposed version of the rule issued last… Continue Reading »

Two Important Employment Law Developments

On May 11, 1016, the Occupational Safety and Health Administration (OSHA) finalized a recordkeeping and reporting rule that requires employers to electronically submit information about workplace injuries and illnesses and bars employers from retaliating against workers for reporting such incidents. Also on May 11, 2016, President Obama signed the Defend Trade Secrets Act into law. … Continue Reading »

Monte Bee Passing – March 11, 2016

It is with much sorrow that we announce the passing of Monte Bee.  Mr. Bee joined the firm when it was in its infancy and was a major contributer to its growth and success.  Monte was greatly admired by all who knew him, both for his warm personality and his brilliance as an attorney.  Our… Continue Reading »

EEOC Proposes Revisions to EEO-1 Requiring Large Employers to Submit Pay Data of Employees

On Friday January 29, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) announced a proposal that would require employers, including federal contractors, with 100 or more employees to submit data regarding the hours and compensation of their workforce on the annual Employer Information Report (EEO-1).  Under current practice, federal contractors (with 50-99 employees) and private… Continue Reading »

NLRB Ruling on Audio and Video Recording by Employees

On December 24, 2015, the National Labor Relations Board in Whole Foods Market, Inc. addressed internal policies prohibiting employees from using phones, digital cameras, or any other audio-visual equpiment to record company meetings and workplace conversations without management’s explicit permission.  The Board found, in a two to one decision, that employees could reasonably construe these polices as… Continue Reading »

IRS Extends ACA Information Reporting Deadlines

On December 28, 2015, the Internal Revenue Service (IRS) extended the due dates for furnishing to individuals and filing with the IRS certain information reports that are required under the Patient Protection and Affordable Care Act for large employers (generally those with 50 or more full-time and full-time equivalent employees). To read The Kullman Firm’s… Continue Reading »

Paid Sick Leave and Pay Transparency for Federal Contractors/Subcontractors

On Labor Day, President Obama signed an Executive Order requiring federal contractors and subcontractors to provide employees with paid sick leave. Also, federal contractors and subcontractors were made the subject of a new rule from the Department of Labor prohibiting pay secrecy policies. To read The Kullman Firm’s Special Bulletin on these new developments, click… Continue Reading »

DOL Issues New Guidance on Independent Contractor Misclassification

On July 15, 2015, the U.S. Department of Labor issued an “Administrative Interpretation” regarding the classification of workers as either employees or independent contractors under the Fair Labor Standards Act.  According to the DOL, the correct classification of workers “has critical implications” and the misclassification of employees as independent contractors “is found in an increasing… Continue Reading »

Leslie Inman Passing – July 18, 2015

It is with much sorrow that we inform you that Leslie Inman has passed away.  Leslie was a pioneer in the field of labor and employment law and a brilliant attorney.  More importantly, he was a caring person and a friend to all who knew him.  Our prayers and thoughts go out to the Inman… Continue Reading »

Department of Labor Introduces Overtime Expansion Plan

This week the Department of Labor unveiled a proposed rule that would extend federal overtime pay to cover an additional 4.6 million employees.  This extended coverage would result from raising the minimum salary threshold required to qualify for the Fair Labor Standard Act’s “white collar” exemptions from the current amount of $23,660 per year to… Continue Reading »

Supreme Court Issues Religious Discrimination and Accommodation Decision

On Monday, June 1, 2015, the Supreme Court of the United States issued a highly-anticipated decision on the subject of religious discrimination and accommodation in the case of Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc.  The Court’s holding permits an applicant to move forward with a Title VII claim by showing that… Continue Reading »