United States: Appeals Court Vacates DOL Rule Authorizing Use Of Skill-Based Private Wage Surveys In H-2B Temporary Labor Certification Application Proceedings

Executive Summary: On December 5, 2014, a panel of the U.S. Court of Appeals for the Third Circuit issued an opinion vacating the Department of Labor (DOL) regulation and related guidance memorandum authorizing DOL, at the request of the employer, to substitute wages cited in a skill-based private survey for the Occupational Employment Statistics (OES) area prevailing rate in adjudicating H-2B Temporary Employment Certifications.  Comite de Apoyo a las Trabajadores Agricolas v. Perez, Case […]

By | December 19th, 2014 ||

ALERT: EU’s Highest Court Rules On Whether Obesity Is A Disability

ust today we wrote about obesity in the context of “corporate wellness” programs. Now comes a long-awaited ruling on obesity by the European Court of Justice – the EU’s highest court.

On June 12th we posted that the UK Didlaw Ltd. Newsletter declared that “[t]he most pressing issue around definition of disability right now is whether obesity is a disability.”

“With 64% of the UK workforce said to be obese a finding by the European Court […]

By | December 19th, 2014 ||

United States: San Francisco's OLSE Issues "FAQs" On Fair Chance Ordinance

Starting on August 13, 2014, employers doing business in the City of San Francisco, California have had to comply with sweeping amendments to San Francisco Police Code, Article 49, and Administrative Code, Article 12 (“the amendments,” “the ordinances” or the “FCO”), which significantly restrict the ability of covered employers to inquire into, and use, criminal records for hiring and other employment purposes. The scope of the amendments far exceeds the breadth of any of […]

By | December 18th, 2014 ||