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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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August 27, 2015

Reminder of Challenges Associated with Workplace Violence Prevention

August 27, 2015

The August 26 shooting of two journalists by a former co-worker on live TV in Virginia is a stark reminder that a worker may become violent. Violent incidents at work resulting in death or serious injury to employees have risen dramatically. Two million American workers a year report having been victims of workplace violence, with one... Read More

August 26, 2015

Job Applicant Cannot Sue for Failure to Hire under Tennessee Workers’ Compensation Act

August 26, 2015

Ruling on a question of law from a federal district court, the Tennessee Supreme Court has determined that a job applicant has no cause of action against a prospective employer in Tennessee if the prospective employer failed to hire the job applicant because the applicant had filed, or is likely to file, a workers’ compensation... Read More

August 26, 2015

OSHA Cites Newly Released Beryllium Proposal as Collaborative Effort

August 26, 2015

In what the Occupational Safety and Health Administration described as a collaboration among government, industry, and organized labor, the safety agency has proposed a comprehensive rule to reduce exposure to beryllium among employees in general industry. “It is noteworthy that the nation’s primary beryllium product... Read More

August 26, 2015

Undaunted by Lawsuit, MSHA Boasts POV Reforms are ‘Real Game Changers’

August 26, 2015

Facing a lawsuit by the mining industry over a an amended rule targeting “pattern” violators of the Mine Safety and Health Administration’s (MSHA’s) safety standards, the agency has announced the revised rule is “a law that now works.” MSHA said in an August 11 press release (http://www.msha.gov/... Read More

August 25, 2015

Constitutional Challenge to California’s Background Check Law Rejected

August 25, 2015

If a background check includes information about a job applicant’s character, California’s background check law applies, the California Court of Appeal has held, rejecting an employer’s challenge to the California Investigative Consumer Reporting Agencies Act (Cal. Civ. Code § 1786 et seq.) (“ICRAA”).... Read More

August 25, 2015

California Court Holds Arbitrator Decides Class Arbitrability Where Agreement Specifies AAA Rules

August 25, 2015

An employment arbitration agreement that incorporated the American Arbitration Association’s National Rules for the Resolution of Employment Disputes vested the arbitrator with the power to decide whether the agreement authorized class-wide relief, the California Court of Appeal has ruled. Universal Protection Service LP v.... Read More

August 21, 2015

Rhode Island Employers Must Accommodate Workers with Pregnancy-Related Condition

August 21, 2015

Rhode Island legislation has created new burdens for employers. The Ocean State joins a growing number of states requiring employers to reasonably accommodate a worker’s condition related to pregnancy, childbirth, or related medical condition. (See our articles, California Issues Amended Pregnancy Regulations, Extends Coverage to... Read More

August 21, 2015

Final Regulations on Contraceptive Coverage under Affordable Care Act – the Religious Exemption

August 21, 2015

The Departments of Treasury, Labor and Health and Human Services have released Final Regulations providing much-needed guidance with respect to defining a “closely-held corporation.” The Final Regulations, released on July 14, 2015, also provide guidelines for establishing a religious objection for purposes of qualifying for... Read More

August 20, 2015

Judge Reproaches OSHA for ‘Affirmative Misconduct’ over Enforcement Action

August 20, 2015

Vacating citations against a Texas company, an administrative judge has lambasted the Occupational Safety and Health Administration for having “fallen short of any standard of decency, honor, or reliability” by citing the company for alleged violations occurring during a period in which OSHA had agreed in a written settlement... Read More

August 20, 2015

MSHA Kicks Off Third Initiative in 14 Months to Stem Fatality Trend

August 20, 2015

After two failed attempts to stop a trend showing an increased number of fatalities in the Metal/Non-Metal (M/NM) sector of mining, the Mine Safety and Health Administration has launched a third initiative — this time, clearly intending a different outcome. “I think everyone is going to see an increased enforcement effort... Read More

August 18, 2015

Paid Suspension Not Adverse Employment Action under Title VII, Third Circuit Holds

August 18, 2015

A paid suspension “typically” does not constitute an “adverse employment action” under the substantive provision of Title VII of the Civil Rights Act (Section 703), the federal appeals court in Philadelphia has held in a case of first impression for the circuit, joining other courts that have ruled on the issue.... Read More

August 17, 2015

NLRB Declines to Exercise Jurisdiction Over Student-Athletes’ Attempt to Unionize – For Now

August 17, 2015

Concluding that its assertion of jurisdiction “would not serve to promote stability in labor relations,” the National Labor Relations Board has declined to exercise authority over the College Athletes Players Association’s (CAPA’s) petition to represent scholarship football players at Northwestern University.... Read More

August 14, 2015

Continued Employment Adequate Consideration for Non-Compete Imposed Mid-Employment, Hawaii Judge Rules

August 14, 2015

Considering whether Hawaii state law would require additional consideration for a non-compete imposed mid-employment, a federal judge has held that “the Hawaii Supreme Court would not require additional consideration beyond continuing at-will employment for [post-employment] restrictive covenants.” Standard Register v. Keala... Read More

August 12, 2015

Rail Company Gets Split Decision in Mine Jurisdiction Case

August 12, 2015

A locomotive repair shop operated by a South Dakota railroad company is not under the jurisdiction of the Mine Safety and Health Administration, even though the company and an adjacent mine share common ownership, but the railroad firm itself is under MSHA jurisdiction because it is an independent contractor providing mine-related... Read More

August 12, 2015

OSHA Proposes Changes to Recordkeeping Rule

August 12, 2015

The Occupational Safety and Health Administration has proposed a rule intended to overcome a court ruling that barred the agency from citing an employer for failing to record an injury or illness beyond the six-month statute of limitations set out in the statute. The rule, proposed July 29, would amend 29 CFR § 1904 to clarify that... Read More

August 12, 2015

Class Action Trends Report Summer 2015

August 12, 2015

This quarterly report discusses significant new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. Read More

August 11, 2015

New Florida Law Offers Employers Leverage Against Employees’ Unauthorized Access of Data, Files

August 11, 2015

Effective October 1, 2015, Florida’s Computer Abuse and Data Recovery Act (Sections 668.801- 668.805, Florida Statutes) (CADRA) provides a new remedy to employers and other businesses that suffer harm or loss due to unauthorized access to their computers or to information stored on their computers. CADRA provides a civil cause... Read More

August 11, 2015

EEOC Subpoena Has Long Reach in Age Discrimination Investigation

August 11, 2015

Highlighting just how far the Equal Employment Opportunity Commission investigative powers can go, a staffing firm under agency investigation for purportedly handling clients’ job requisitions that are facially discriminatory has been ordered to comply with an EEOC subpoena seeking the names of all of the firm’s clients... Read More

August 10, 2015

Death Threats against Co-Workers Defeat Employee Disability Discrimination Claim, Federal Court Rules

August 10, 2015

A depressed employee who was fired for threatening to kill his co-workers was not a qualified individual entitled to protection under the Americans with Disabilities Act, as the employee could not perform essential job functions, with or without an accommodation, a federal appeals court in San Francisco has ruled, affirming judgment in... Read More

August 10, 2015

‘Primary Beneficiary’ Test Determines Employee Status of Unpaid Interns, Federal Appeals Court Rules

August 10, 2015

How should an employer determine whether unpaid interns at a for-profit employer are employees under the Fair Labor Standards Act entitled to compensation for services provided? According to the U.S. Court of Appeals for the Second Circuit, in New York, “the proper question is whether the intern or the employer is the primary... Read More

Showing 1-20 of 3279