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Workplace law is changing at a rapid pace. Our attorneys stay on the cutting edge of the law and take pride in sharing their knowledge through timely and insightful updates.

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December 2, 2016

New York Adopts Advanced Home Health Aide Law

December 2, 2016

New York State has adopted new law that establishes the advanced home health aide (AHHA) job designation. The AHHA program was first recommended in 2011. Governor Andrew Cuomo signed S. 8110/A.10707 into law on November 28, 2016. The new law amends sections of Article 139 of the Education Law (relating to the practice of nursing), as... Read More

November 29, 2016

Record Low Number of Mining Deaths in Fiscal Year 2016, Mine Safety Agency Reports

November 29, 2016

Fiscal year 2016 saw a record low number of mining deaths, the Mine Safety and Health Administration has reported. The agency also continues to encourage the mining community “to reach zero mining deaths.” MSHA reported that in FY 2016, 24 miners died at the more than 13,000 mines in the country. This is the lowest number... Read More

November 29, 2016

OSHA Wants Public Assistance with Leading Indicators Guidance

November 29, 2016

The next version of Occupational Safety and Health Administration’s annual voluntary guidance cataloging measures for improving safety and health in the workplace may include insights from the public. For the first time ever, OSHA wants assistance from the public to identify the “leading indicators.” At the October... Read More

November 28, 2016

USERRA No Bar to Enforcing Employment Arbitration Agreement, Federal Appeals Court Rules

November 28, 2016

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) does not prohibit compelling a former employee to arbitrate his USERRA claims under an arbitration agreement, the U.S. Court of Appeals for the Ninth Circuit, in San Francisco, has ruled. Ziober v. BLB Resources, Inc., No. 14-56374 (9th Cir. Oct. 14, 2016... Read More

November 28, 2016

Long-Term Care Facilities: Recent Developments on Use of Arbitration Agreements

November 28, 2016

Three cases making their way through the courts demonstrate that the question of arbitration clauses in long-term care (LTC) facility admission agreements is an active and developing area of the law. CMS Rule Case The Centers for Medicare & Medicaid Services (CMS) had issued a final rule prohibiting LTC facilities from... Read More

November 22, 2016

Texas Court Grants Nationwide Preliminary Injunction Enjoining Department of Labor from Implementing or Enforcing Regulation Raising Salary Level for White Collar Exemptions

November 22, 2016

When two lawsuits were filed in Texas seeking to block the Department of Labor’s new overtime rule, which more than doubles the required salary level to qualify for the Fair Labor Standards Act “white collar” exemptions, few predicted the lawsuits would be successful. But the polls were wrong (again). On November 22,... Read More

November 22, 2016

Fight for $15 Plans Protests, ‘Civil Disobedience’ on November 29

November 22, 2016

Fight for $15, the four-year-old movement to secure a minimum wage of $15 an hour, has announced plans for demonstrations, strikes, and protests in 340 cities across the country on November 29. Tens of thousands of employees are expected to participate. The current federal minimum wage is $7.25 an hour. Some state and local laws provide... Read More

November 21, 2016

Freelancers in New York City Get Wage Protections

November 21, 2016

A written contract, payment within 30 days, and statutory damages for non-payment of wages are among the provisions of New York City’s new freelancer protection law signed by Mayor Bill de Blasio on November 16, 2016. The law will become effective on May 15, 2017 (180 calendar days after signing), and will apply to contracts... Read More

November 21, 2016

Tax Incentives for Employee Stock Ownership Plans

November 21, 2016

Tax incentive enacted by Congress to promote increased use of employee stock ownership plans include advantages for the sponsoring company and the participating employees. This article reviews some key incentives. Tax-Deferred Sales of Company Stock A shareholder of a “closely held” C corporation may sell company stock... Read More

November 21, 2016

An Introduction to Employee Ownership and Selling to an ESOP

November 21, 2016

Perhaps one of the most powerful tax and business succession planning tools available to shareholders of a closely held company is the ability to sell stock to a trust created pursuant to an employee stock ownership plan (“ESOP”) and defer or permanently avoid taxation on any gain resulting from the sale. An ESOP also can... Read More

November 21, 2016

Description and Purpose of an ESOP

November 21, 2016

An employee stock ownership plan (“ESOP”) is an employee benefit plan qualified for tax-favored treatment under the Internal Revenue Code of 1986, as amended (the “Code”). A plan is “qualified” if it complies with various participation, vesting, distribution, and other rules established by the Code.... Read More

November 21, 2016

EEOC FY 2016 Performance Report Shows Slight Decrease in Recoveries and Agency’s Struggles with Data

November 21, 2016

The Equal Employment Opportunity Commission’s Fiscal Year 2016 Performance and Accountability Report (“PAR”) shows a slight decrease in the amount of monetary recoveries by the EEOC in litigation and other enforcement activities compared to 2015, as well as its struggles with the data available to it. The report covers... Read More

November 21, 2016

Top Eight Guidelines to Litigate Employment Claims under Puerto Rico’s Unique Summary Proceeding

November 21, 2016

A litigation trap that can ensnare unwary employers who may be sued in the Commonwealth of Puerto Rico is a piece of employment legislation that allows expedited proceedings: Law No. 2 of October 17, 1961 (“Law No. 2”), as amended, known as the “Law for the Summary Proceeding of Employment Claims.” Law No. 2... Read More

November 17, 2016

Labor Department’s ‘Drastic Change’ to ‘White Collar’ Overtime Exemption Rule Troubles Court

November 17, 2016

For more than three hours on November 16, 2016, Obama-appointed Judge Amos L. Mazzant, III, of the U.S. District Court for the Eastern District of Texas – Sherman Division, heard oral argument on the preliminary injunction to block enforcement of the Final Rule. The court peppered both sides with probing questions during the... Read More

November 16, 2016

Court Grants Permanent Injunction, Blocking Labor Department’s New Persuader Rule

November 16, 2016

The U.S. District Court for the Northern District of Texas, Lubbock Division, has converted its nationwide preliminary injunction, issued on June 27, 2016, against the U.S. Department of Labor’s “persuader” rule into a nationwide permanent injunction. National Federation of Independent Business, et al. v. Perez, et al... Read More

November 16, 2016

OSHA Recordkeeping Rule Starts White House Review

November 16, 2016

The White House is reviewing a proposed worker safety rule from the Occupational Safety and Health Administration that aims to expand the requirement on how long employers must maintain accurate records of worker injuries and illnesses. The White House Office of Management and Budget received a final rule on October 14, 2016, and its... Read More

November 16, 2016

Mine Safety Agency Issues Electrical Safety Alert

November 16, 2016

The Mine Safety and Health Administration has issued an electrical safety alert after several miners were injured in underground coalmine accidents. In one incident, a miner working near a 480 VAC scoop charger circuit breaker received flash burns to his eyes. In another incident, while a miner was repositioning a 575 VAC permissible... Read More

November 11, 2016

Sexual Orientation Discrimination is Prohibited by Title VII, Federal Court Rules

November 11, 2016

The prohibition against sex discrimination under Title VII of the Civil Rights Act extends to sexual orientation, Judge Cathy Bissoon of the Western District of Pennsylvania has ruled. EEOC v. Scott Medical Health Ctr., No. 16-225 (W.D. Pa. Nov. 4, 2016). Complaint The U.S. Equal Employment Opportunity Commission filed a complaint... Read More

November 11, 2016

Seven States Pass New Marijuana Laws on Election Day

November 11, 2016

Election Day 2016 saw voters approve new marijuana laws in seven states. There are now a total of 28 states (plus the District of Columbia) with medical marijuana laws and 8 states (plus the District of Columbia) with recreational marijuana laws. Arizona’s proposed recreational marijuana law did not pass. Medical Marijuana 1... Read More

November 10, 2016

Workplace Law Under President-Elect Donald Trump: What to Expect

November 10, 2016

President-elect Donald Trump will assume office on January 20, 2017, with a Republican majority in both the Senate and the House of Representatives. While it is difficult to predict whether the new administration will be able to deliver on President-elect Trump’s campaign promises, we can expect significant policy and enforcement... Read More

Showing 1-20 of 3691