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  2. Labor, Employment & OSHA

Insights on Labor, Employment & OSHA

911 total results. Page 24 of 37.

Alerts
OSHRC Decision in Wynnewood Dramatically Expands Scope of PSM Standard
October 10, 2019
Alexandra M. Romero

In the underlying case, OSHA issued citations to Wynnewood Refining Co., LLC related to a steam boiler powered by natural gas at the company’s oil refinery in Wynnewood, Oklahoma.

Alerts
Properly Evaluating an OSHA Citation: Should You Contest the Citation?
October 9, 2019

For the last thirty years, I have defended companies in OSHA enforcement actions. No matter how large or small the action, employers should always begin by evaluating the potential financial impact the OSHA citation could have on the company.

Alerts
Federal Judge Upholds Harvard’s Race-Conscious Admissions Policy
October 4, 2019
Henry Morris, Jr.

In a much anticipated decision, Judge Allison Burroughs of the US District Court for the District of Massachusetts held this week that Harvard College’s admission’s policy, which considers race among many factors, is lawful.

Alerts
Lovin' It: Ninth Circuit Rules McDonald's is Not a Joint Employer with Franchisee in California
October 3, 2019
Michael L. Stevens

In a case that should grab the attention of franchisors across the country, a panel of the US Court of Appeals for the Ninth Circuit has ruled that McDonald’s Corporation is not the joint employer of the employees of a California Bay Area franchisee.

News
Barella Quoted on Illinois Salary History Ban on NPR's Morning Edition
September 30, 2019

WBEZ-FM

Woman taking photo with cell phone in Times Square
Alerts
California Legislature: The Jig Is Up on Independent Contractors in the Gig Economy
September 27, 2019
Robert K. Carrol

The rise in gig economy workers in recent years has led to a steep increase in workers classified as independent contractors.

Alerts
Increase in FLSA Overtime Exemption Threshold Expected to Make More than One Million Employees Newly Eligible for Overtime Pay
September 25, 2019

Yesterday, the U.S. Department of Labor (DOL) released the final version of its anticipated overtime exemption rule, setting a new annual salary threshold for “white collar” exemptions under the Fair Labor Standards Act (FLSA) at just over $35,000 per year.

Alerts
DOL Raises Salary Thresholds to Exempt Employees from Minimum Wage and Overtime Pay Requirements
September 25, 2019
Michael L. Stevens, Alexandra M. Romero

On September 24, 2019, the Wage and Hour Division of the Department of Labor (DOL) announced a new final rule raising the salary threshold employee compensation must meet in order to qualify for exempt status under the Fair Labor Standards Act (FLSA).

Alerts
NLRB Proposes Rule Excluding Private College and University Student Workers from NLRA Coverage
September 24, 2019
Henry Morris, Jr.

Upending recent precedent, the National Labor Relations Board, yesterday, proposed a rule that, if adopted, will exempt from the NLRB’s jurisdiction undergraduate and graduate students who perform services in connection with their college and graduate school studies.

Alerts
NLRB: Proposed Micro-Unit of Boeing Mechanics Is Not Going to Fly
September 17, 2019
Robert K. Carrol

In a 3-1 representation case, the National Labor Relations Board recently continued its roll-back on Obama-era precedents, invalidating a 180-member “micro-unit” of Boeing mechanics.

Managing Automotive Blog
CA Supreme Court: Employees Cannot Bring Claims for Unpaid Wages Under PAGA
September 16, 2019
Aaron H. Jacoby, Jeffrey B. Weston

In resolving a growing split among California courts, the California Supreme Court in ZB, N.A. v. Superior Court faced the issue of whether actions for unpaid wages under Labor Code section 558 brought under the Private Attorneys General Act (“PAGA”) could be compelled to arbitration.

Alerts
Pending Major Worker Reclassification Law Aims to Burst California’s “Gig Economy” Bubble
September 13, 2019

On September 11, 2019, the California Senate passed Assembly Bill 5 (A.B. 5), which – if signed into law – will codify the so-called “ABC Test” utilized by the California Supreme Court in Dynamex v. Superior Court of Los Angeles to hold that the company’s delivery drivers were employees.

Alerts
They've Got You Covered: NLRB Makes it Easier for Employers to Make Unilateral Changes
September 12, 2019
Michael L. Stevens

Continuing its trend of pro-employer rulings, the NLRB ruled that instead of a “clear and unmistakable waiver” standard, a “contract coverage” standard should apply when considering whether an employer’s unilateral action is permitted by a collective bargaining agreement.

Alerts
NLRB Rules Independent Contractor Misclassification Does Not Violate NLRA
September 3, 2019
Michael L. Stevens

A divided panel of the National Labor Relations Board (NLRB or Board) ruled that the stand-alone misclassification of a worker as an independent contractor instead of an employee does not violate the National Labor Relations Act (NLRA or Act). Velox Express, Inc., Case 15-CA-184006.

Alerts
NLRB: Property Rights Trump Off-Duty Employees’ Section 7 Rights
August 29, 2019
Robert K. Carrol

In a split decision, the National Labor Relations Board (NLRB or the Board) ruled last week that a property owner that is not in any underlying labor dispute, does not have to grant access to off-duty employees of an onsite contractor to exercise their Section 7 rights, including leafletting.

Alerts
NLRB Announces Proposed Revisions to Representation Procedures
August 20, 2019
Robert K. Carrol

The National Labor Relations Board recently issued a 113-page Notice of Proposed Rulemaking as the first of a planned series of revisions to its representation procedures under Section 9 of the National Labor Relations Act.  

Alerts
The National Labor Relations Board Issues Employer-friendly Arbitration Ruling
August 19, 2019
Henry Morris, Jr.

In its groundbreaking decision in Epic Systems Corp. v. Lewis, 584 US ___, 138 S. Ct. 1612 (2018), the Supreme Court held that the National Labor Relations Act permits employer/employee agreements that contain class- and collective-action waivers and mandate arbitration for employment disputes. 

Press Release
Fifty Arent Fox Attorneys Named The Best Lawyers in America 2020
August 16, 2019

WASHINGTON — Fifty Arent Fox LLP attorneys have been rated as leaders in their profession by The Best Lawyers in America 2020.

Alerts
Mandatory Sexual Harassment Training and Other Sweeping #MeToo Protections to Take Effect in Illinois
August 14, 2019
Julie Furer Stahr

As the #MeToo movement continues to sweep the country, on August 9, 2019, Governor J.B. Pritzker signed into law Illinois Senate Bill 75 (now Public Act 101-0221) which will mandate statewide sexual harassment training for employers in Illinois.

Alerts
A Sweeping Overhaul: An Employer’s Guide to the Latest Expansion of New York State’s Discrimination Laws
August 14, 2019

After enacting progressive sexual harassment laws just last year, New York State (NYS) lawmakers have once again strengthened employee protections in the workplace.

Alerts
It’s Predictable: Chicago Passes Strict Work Scheduling Law
August 6, 2019
Michael L. Stevens

On July 24, 2019, Chicago passed the Chicago Fair Workweek Ordinance, which will dramatically change how many Chicago employers schedule work.

Alerts
Chicago Fair Workweek Law Set to Impose Sweeping Predictable Workweek Requirements
July 26, 2019
Julie Furer Stahr

On July 24, 2019, the Chicago City Council voted to pass the Fair Workweek Ordinance that will require covered employers to, among other things, provide employees with at least 10 days’ advance notice of their work schedules and provide additional compensation to employees.

Alerts
New York State Prohibits Discrimination Based on Hairstyle
July 24, 2019
Darrell S. Gay

New York State has banned discrimination against hairstyles or textures associated with race.

Alerts
Maryland Enacts a Statute Prohibiting Non-Competes for Lower Wage Employees
July 10, 2019
Linda M. Jackson

On May 28, 2019, the Maryland Governor permitted (without signature) the Noncompete and Conflict of Interest Clauses Act (the Act) to become law.

Alerts
Lessons from the Lawsuit That Could Shake Up the Esports Industry
June 21, 2019
Richard L. Brand, Michael L. Stevens

The esports industry has been rapidly growing since its inception in the 1990’s. Viewership numbers for esports championship games exceed that of the NHL’s Stanley Cup Finals, the MLB World Series, and the NBA Finals.

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