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Dec 5, 2024 | 
jdsupra.com | J. William Manuel |Anne R. Yuengert
Harassment prevention is still a top priority for federal agencies (which means it should be a priority for all employers). Last spring, we blogged about the EEOC’s guidance on this issue, and now the OFCCP has issued its own guidance, this time focusing on harassment in the construction industry.
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Dec 5, 2024 | 
natlawreview.com | Anne R. Yuengert |J. William Manuel |Abigail Rubinstein |Lynn L. Bergeson
As we approach the one-year anniversary of the effective date of the U.S. Securities and Exchange Commission (“SEC”) reporting rules on Form 8-K for material cybersecurity incidents, we provide a high-level overview of the last year’s developments. Under the SEC’s rules, Item 1.05 of Form 8-K generally requires public companies in the United States to disclose material cybersecurity incidents within four business days of determining that the incident is material.
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Nov 13, 2024 | 
burjcdigital.urjc.es | J. William Manuel
Date: 2024-12-03AbstractThe bi-objective Double Floor Corridor Allocation Problem is an operational research problem with the goal of finding the best arrangement of facilities in a layout with two corridors located in two floors, in order to minimize the material handling costs and the corridor length. In this paper, we present a novel approach based on a combination of Path Relinking strategies. To this aim, we propose two greedy algorithms to produce an initial set of non-dominated solutions.
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Nov 1, 2024 | 
jdsupra.com | J. William Manuel |Anne R. Yuengert
Most employers have gotten the hang of handling FMLA requests: Make sure the employee is eligible; get paperwork from the provider; and monitor the amount of time taken. Whether all supervisors are overjoyed with every employee’s desire to take off due to a qualifying condition is another matter. But if you follow the procedures and grant the FMLA leave, can you still interfere with an employee’s rights? In Kemp v. Regeneron Pharmaceuticals, the Second Circuit says you can.
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Oct 31, 2024 | 
natlawreview.com | J. William Manuel
Most employers have gotten the hang of handling FMLA requests: Make sure the employee is eligible; get paperwork from the provider; and monitor the amount of time taken. Whether all supervisors are overjoyed with every employee’s desire to take off due to a qualifying condition is another matter. But if you follow the procedures and grant the FMLA leave, can you still interfere with an employee’s rights? In Kemp v. Regeneron Pharmaceuticals, the Second Circuit says you can.
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Oct 16, 2024 | 
burjcdigital.urjc.es | J. William Manuel
Date: 2024-10-16AbstractWe tackle a capacitated lot-sizing and scheduling problem (CLSP) with the main objective of minimizing changeover time in the production of metal parts for car seats. Changeovers occur when a machine (or production line) is reconfigured to produce a different product or part, leading to production downtime and loss of efficiency. In this study, we first provide a mixed-integer programming (MIP) formulation of the problem.
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Sep 26, 2024 | 
jdsupra.com | Cortlin Bond |J. William Manuel |Anne R. Yuengert
Here’s a refresher: Discriminating against a subclass of a sex (e.g., older women or black women) is still discrimination. In McCreight v. AuburnBank, the Eleventh Circuit clarified a few things for the lawyers related to the different theories of liability, but the court also provided a good refresher on “sex-plus” discrimination, or discrimination based on a subclass of sex.
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Aug 28, 2024 | 
natlawreview.com | J. William Manuel
How the FLSA “tip credit” is applied has been pushed and pulled numerous times over the last two decades. In the latest volley, the Fifth Circuit entered an order on August 23, 2024, vacating the Department of Labor’s 2021 Final Rule on how employers pay wages for workers that receive tips. The court’s initial ruling may be fallout from the U.S. Supreme Court’s recent overturning of Chevron deference to federal administrative agencies.
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Aug 28, 2024 | 
lexology.com | J. William Manuel |Anne R. Yuengert
How the FLSA “tip credit” is applied has been pushed and pulled numerous times over the last two decades. In the latest volley, the Fifth Circuit entered an order on August 23, 2024, vacating the Department of Labor’s 2021 Final Rule on how employers pay wages for workers that receive tips. The court’s initial ruling may be fallout from the U.S. Supreme Court’s recent overturning of Chevron deference to federal administrative agencies.
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Jul 26, 2024 | 
jdsupra.com | J. William Manuel |Anne R. Yuengert
By now, we all know that the FTC proposed a rule that will ban nearly every noncompete agreement and that a number of companies have filed legal challenges to it. This week, a federal judge in Pennsylvania weighed in, denying a request to enjoin the rule. This essentially causes a split among two federal courts on this issue. ATS Tree Services has noncompete agreements with many of its 12 employees that it believes are important to its business.
