Legislative Director Update 5/24/18
- The Supreme Court of the United States earlier this week held that class action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act. The Supreme Court’s decision resolves the circuit split on whether class or collective action waivers contained in employment arbitration agreements violate the National Labor Relations Act. In a 5-4 decision authored by Justice Neil Gorsuch, the Court held that the FAA states the arbitration agreements providing for individualized proceedings are enforceable and neither the FAA nor the NLRA require otherwise. You can read more here: Link. You can also view a complimentary webinar on the impact of this decision and practical considerations by clicking here: Link
- Iowa amends their tough drug testing legislation to lower the standard for positive alcohol tests. Specifically, beginning July 1, 2018, private employers in Iowa may take action based on an employee’s alcohol test result of .02 grams of alcohol per two hundred ten liters of breath. The lower standard was enacted under a 2018 amendment to the Iowa drug testing law. Prior to the amendment, employers could not take action for alcohol test results below .04 BAC.
- The Federal Trade Commission (FTC) recently announced that it will launch a national education campaign to aid the small business sector in strengthening its cybersecurity and protecting its sensitive and personal data. Although the media’s attention of late has been on large companies suffering data breaches, it is important to remember that, according to a recent study, half of all cyberattacks target small and mid-sized businesses. You can obtain more information on this education campaign here: Link
- The National Labor Relations Board has begun the process to consider rulemaking to establish a standard for determining joint employer status under the National Labor Relations Act, according to the Board’s filing in the Unified Agenda of Federal Regulatory and Deregulatory Actions. Next, a Notice of Proposed Rulemaking will be issued, affording the opportunity for public comment. A majority of the five-member Board will need to approve the proposed rule. To view the filing, please visit the following: Link