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Informed Employer: June 6, 2018 Informed Employer: June 6, 2018

Informed Employer: June 6, 2018

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High Court to Again Hear Case on Employment Sex Orientation Bias
A gay skydiver’s former employer asked the U.S. Supreme Court to consider whether a federal law against sex discrimination in employment bars job bias based on sexual orientation. If they take the case, the justices could resolve a split among federal circuit courts that have considered the question.
(Source: Bloomberg BNA, 2018-05-31) Read the full article
Trump Makes it Easier to Fire Federal Workers, Reins in Unions
Seizing on a longtime ambition of many Republicans, President Trump overhauled rules affecting at least two million federal workers, making it easier to fire them and rolling back the workplace role of their unions. Mr. Trump, furthering a goal cited in his State of the Union address this year, signed a series of executive orders affecting disciplinary procedures and contract negotiations and limiting the conduct of union business on government time.
(Source: The New York Times, 2018-05-25) Read the full article
Lawsuit Claims Facebook Ads Biased Against Older Job Seekers
A proposed class-action lawsuit alleging Facebook's ad placement tools facilitate discrimination against older job seekers has been expanded to identify additional companies, further widening the latest front in claims that candidates are being filtered out by gender, geography, race and age. The Communications Workers of America is suing on behalf of union members and other job seekers who allegedly missed out on employment opportunities because companies used Facebook's ad tools to target people of other ages.
(Source: Bloomberg, 2018-05-29) Read the full article
Demographics of Small Business Founders Play Role in Hiring
A small business owner's demographic makeup appears to play a significant role in hiring decisions, according to a recent survey from online HR services firm Gusto. The survey of 886 of the company's customers showed, among other results, that female founders tend to hire more women than their male counterparts, and that non-white founders are more likely to hire racial or ethnic minority members.
(Source:, 2018-05-29) Read the full article
Walmart Unveils Plans to Subsidize College Tuition for Workers
Walmart announced plans to offer subsidized college tuition for its 1.4 million workers in the United States, joining a growing list of companies that are helping employees pay for higher education as a perk in a tight labor market. The giant retailer will pay tuition for its workers to enroll in college courses -- online or on campus -- to earn degrees in either supply chain management or business, company officials announced at Walmart's annual shareholder meeting in Bentonville, Ark.
(Source: The New York Times, 2018-05-30) Read the full article
Companies Using Unique Benefits to Attract Millennial Employees
Companies seeking young professionals are crafting benefits to help employees be purposeful, proud and personal. Human resource managers say benefit options should integrate job life, home life and social life to address the "whole person" rather than just the one in the cubicle.
(Source: The Seattle Times, 2018-05-25) Read the full article
U.S. Seeks Ways to Hire More Temporary Immigrant Workers
The Trump administration is examining ways U.S. industries could hire more immigrant workers on a temporary basis, White House economic adviser Larry Kudlow said, as data showed the United States unemployment rate at an 18-year low. "We are looking at ways to bring temporary immigrants with temporary visas legally into the United States in a number of industries," Kudlow told CNBC in an interview, adding he did not want to say more that would "get ahead of the curve."
(Source: Reuters, 2018-06-01) Read the full article
Despite Federal Guidelines, More Employers Offer to Pay Interns
New federal guidelines have made it easier than ever for employers to count interns as non-employees -- and not pay them. But despite the changes, more employers are offering interns wages to go with the experience they gain.
(Source: Albuquerque Journal, 2018-06-01) Read the full article
More Small Companies Offering Workers Short-Term Pay Incentives
New survey findings confirm what many U.S. workers have already learned: As annual salary raises have held steady at around three percent, annual bonuses tied to performance have become a bigger part of compensation. While use of cash-based short-term incentives (STIs) is well-documented at large, publicly traded corporations, it is also becoming a common way to motivate and reward employees at private companies, especially at small and midsize firms as well as at nonprofit employers, new research shows.
(Source: SHRMOnline, 2018-05-25) Read the full article
With Legalization Measures, More Workers Using Marijuana
American workers are using drugs at the highest rate in the last decade due in large part to several states legalizing the recreational sale of marijuana, according to an anti-marijuana legalization group. Smart Approaches to Marijuana (SAM), of Virginia, citing a study by New Jersey-based Quest Diagnostics, which has a large presence in Connecticut, says positive tests for marijuana in the workforce surged in all states, or 4.2 percent, in 2017 vs. the prior year.
(Source: Hartford Business Journal, 2018-05-15) Read the full article
Update on the International Entrepreneur Rule

Kristin Kelley, Jenifer Brown & Christl Glier

Under the Obama administration in late 2016, U.S. Citizenship and Immigration Services (USCIS) published a rule that would allow certain foreign nationals to apply for temporary parole or permission to enter or remain in the U.S. for the exclusive purpose of launching or scaling their businesses. See our previous article on the rule. In the absence of Congressional action, this rule, while limited, provided a much-needed solution for the dearth of options for foreign entrepreneurs to enter the U.S. and launch or grow their businesses.
President Trump’s Executive Order titled “Border Security and Immigration Enforcement Improvements” instructed the Department of Homeland Security (DHS) to review its parole programs. After its review, DHS determined the International Entrepreneur Rule represents an overly broad interpretation of parole authority, lacks sufficient protections for U.S. workers and investors, and is not the appropriate vehicle for attracting and retaining international entrepreneurs. As such, on May 29, 2018, it proposed a rule ending the program. The public has 30 days to comment.


Upcoming Labor and Employment Webinar: Addressing #MeToo Claims

Tami Earnhart & Catherine Strauss

Thursday, June 7, 2018
12:00 p.m. - 1:30 p.m. (EDT)

The #MeToo movement has resulted in new claims, some of which might be based on recent facts and some of which may have happened long ago. When you are faced with an internal complaint – or you become aware of an issue through social media posts – how should you respond? In this webinar, Tami Earnhart and Catherine Strauss will discuss best practices for addressing harassment claims, including ensuring a fair and effective investigation that leads to the right result, reinforces a respectful culture, limits risk to the employer and builds goodwill for all involved. This is a continuation of a prior webinar about changing the conversation from #MeToo to #NotHere.

To register, please click here.

Ice Miller's Labor, Employment & Immigration Group is proud to host a series of webinars aimed at keeping our clients and industries well-informed of legislation impacting labor and employment. See our full list of webinars here.


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