Insights on Labor, Employment & OSHA

On April 17, 2019, the newly created Massachusetts Department of Family and Medical Leave (the Department) released the notices required to be provided by employers and covered business entities to their current workforce. The notices must be provided no later than May 31, 2019.

The Massachusetts Department of Family and Medical Leave recently released an implementation timeline for the new paid family and medical leave program, revised draft regulations, and a series of “toolkits” to assist employers and workers with their preparations for the new benefit.

It’s not uncommon for an employee to perform work for an employer — A — that simultaneously benefits another person — B. 

In two recent memoranda, NLRB General Counsel Peter Robb has clarified the standards to be used by the Board’s Regions in evaluating cases alleging that a union breached its duty of fair representation.

Overriding the veto of Republican Governor Larry Hogan, the Maryland House of Delegates and Senate voted for Maryland to become the sixth state to adopt a $15 minimum wage. Governor Hogan had vetoed the bill because he claimed it would result in job losses and hurt small businesses. The House voted

In a groundbreaking decision, the Occupational Safety and Health Review Commission on March 4, 2019 ruled for the first time that the Occupational Safety and Health Act’s (OSH Act) general duty clause obligates employers to protect their workers from workplace violence.

The requestor’s client provides an optional community service program for its employees. Under the program, employees engage in certain volunteer activities that either the client sponsors or the employees themselves select.

Acting Administrator of the Wage & Hour Division (WHD) of the DOL issued an opinion letter taking the position that employers cannot allow employees to exhaust paid sick and other leave before designating leave as FMLA and having it count against their 12- or 26- week entitlement.

On March 7, the U.S. Department of Labor (DOL) announced its long-awaited Notice of Proposed Rulemaking to increase the salary threshold for the so-called “white collar exemptions” from the Fair Labor Standards Act’s overtime pay requirements.

Revisiting an issue remaining from the last administration, the US Department of Labor (“DOL”) on Thursday evening issued a new proposed rule raising the minimum salary and compensation requirements for overtime exemptions under the federal Fair Labor Standards Act (“FLSA”).

The NYC Commission on Human Rights issued a legal enforcement guidance affirming that grooming or appearance policies that ban, limit, or otherwise restrict natural hair or hairstyles associated with Black people generally violate the NYC Human Rights Law’s anti-discrimination provisions.

On March 1, 2019, only seven days after the NLRB General Counsel issued a Memorandum taking an expansive view of Beck rights, a divided NLRB ruled that nonmember objectors cannot be compelled to pay for union lobbying expenses United Nurses & Allied Professionals (Kent Hospital).

On February 22, 2019, NLRB General Counsel Peter Robb issued a Memorandum on a union’s duty to properly notify employees of their General Motors/Beck rights and to accept dues checkoff revocations after contract expiration. Memorandum GC 19-04 (Feb. 22, 2019).

Three recent settlements between very different employers and the US Department of Justice have highlighted the need for employers to be mindful of the complex interplay between export control laws and anti-discrimination provisions in US immigration laws.

Generally, states follow the American Rule concerning attorney’s fees, where each party is responsible for paying its own fees. On occasion, however, fee-shifting exceptions for prevailing parties are built into state statutes, and one such statute is the Massachusetts Wage Act.

The core question, in Parker v. Reema Consulting Services, Inc., 2019 WL 490652 (Feb. 8, 2019), was whether a false rumor that a female employee slept with her male boss to obtain promotion can ever give rise to her employer’s liability under Title VII for discrimination “because of sex.”

California is one of a handful of states requiring employers to pay a certain minimum to employees as reporting time, or “show up,” pay. 

The US Government will begin accepting applications for new H-1B employees soon, on April 1st. So, it is time to survey potential new hires and current employees in other immigration categories (ex: F-1 OPT’s, TN’s, J-1’s, and L-1’s) to identify who will need H-1B visa’s, and start preparing for tho

The United States Court of Appeals for the First Circuit recently upheld a trial court decision in favor of JetBlue concerning the termination of a disabled employee due to her excessive absenteeism. Miceli v. JetBlue Airways Corp., No. 18-1345 (January 28, 2019).

On January 29, 2019, the Massachusetts Supreme Judicial Court expanded the circumstances under which an employer may be liable for discrimination due to an adverse action against an employee. Warren Yee v. Massachusetts State Police, SJC-12485 (Jan. 29, 2019).

When it comes to immigration worksite visits, preparation is critical. Unannounced worksite visits are on the rise, and employers should be prepared.

Alstate Maintenance, LLC, 367 NLRB No. 68 (January 11, 2019).

The Massachusetts Supreme Judicial Court recently took the unexpected action of unanimously ruling in favor of an employer in a case brought pursuant to the Massachusetts Wage Act.

WASHINGTON, DC — Arent Fox LLP is pleased to announce that 11 partners have been rated as ‘Top Lawyers’ by Washingtonian magazine. The honorees are recognized as being among the Washington, DC-area’s “star legal talent.”

When it comes to Fair Labor Standards Act compliance, a recent Department of Labor opinion letter reminds employers that they must sweat the details.