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May 2, 2016

Elevated Fine Lacks Justification, Mine Safety Agency Attorney Concedes

May 2, 2016

A government attorney agreed with opposing counsel that the Mine Safety and Health Administration had not justified a proposed 127 percent increase in fines against an Illinois coal operator. The two sides disagreed, however, on the remedy to correct the situation. The surprising admission came from Sara Johnson, an attorney from the... Read More

May 2, 2016

OSHA, NIOSH Release Joint Guidance on Zika Virus Prevention

May 2, 2016

Federal government agencies have released interim guidance to provide employers and workers information and advice on preventing occupational exposure to the Zika virus. The focus of the seven-page guidance, released April 22 by the Occupational Safety and Health Administration and the National Institute for Occupational Safety and... Read More

April 29, 2016

Jersey City Proposes Groundbreaking Minimum Workweek Ordinance

April 29, 2016

The City of Jersey City, New Jersey, recognizing that building service employees compose “a significant portion” of those who work in the City, is considering an ordinance to establish a minimum 30-hour workweek for them. The measure, launched by City Council President Rolando Lavarro, Jr., and backed by Mayor Steve Fulop,... Read More

April 29, 2016

Oxford, Alabama, City Council Adopts Ordinance Restricting Access to Bathroom Facilities Based on Biological Sex

April 29, 2016

The City Council of Oxford, Alabama, has enacted an ordinance regulating the utilization of bathroom or changing facilities within the City of Oxford, Alabama, making it unlawful for a person to use a bathroom or changing facility within the jurisdiction of the City that does not correspond to the person’s biological sex. The... Read More

April 29, 2016

Limiting Plaintiff’s Discovery on Similarly Situated Employees Reasonable, Federal Court Finds

April 29, 2016

Limiting a plaintiff’s pretrial discovery can be the key to defending an employment discrimination lawsuit. This point was aptly demonstrated in a federal appellate court ruling approving a district court’s denial of wide-ranging discovery and its summary judgment dismissal of an employee’s discrimination suit. Kuttner... Read More

April 29, 2016

Supreme Court: Government Employer’s Incorrect Belief About Employee’s Activity Matters in First Amendment Analysis

April 29, 2016

A government employer can violate an employee’s constitutional rights by acting based on incorrect information that, if true, would violate the U.S. Constitution, even though the employee was not actually exercising his or her constitutional rights, the U.S. Supreme Court has held in a 6-2 decision. Heffernan v. City of Paterson,... Read More

April 28, 2016

Centers for Disease Control and Prevention Revises Guidance on Heat and Hot Environments

April 28, 2016

In the first revision in 30 years of its criteria document on workers’ exposure to heat and hot environments, the National Institute for Occupational Safety and Health of the Centers for Disease Control and Prevention removed ceiling limit recommendations for acclimatized and un-acclimated workers, but has left untouched its... Read More

April 28, 2016

Defend Trade Secrets Act Set to Become Law

April 28, 2016

For the first time, there will be a federal private right of action for misappropriation of trade secrets. The Defend Trade Secrets Act (“DTSA”), passed by both houses of Congress, is headed to President Barack Obama for his signature and his office has stated it “strongly supports” the legislation. The DTSA will... Read More

April 27, 2016

New Jersey Bill Requires Notification to Employees of Schedule Changes 14 Days in Advance

April 27, 2016

A bill making its way through the New Jersey legislature provides that an employee may request, and an employer must consider, changes to work hours, work locations, and more consistent work hours, among other terms and conditions of employment, as a matter of right. The employer, in turn, must engage in a “good faith interactive... Read More

April 22, 2016

Labor Department: Changes to Interpretation of Advice Exemption Apply Only to Agreements, Arrangements Entered Into After July 1

April 22, 2016

The United States Department of Labor published its final rule relating to “persuader” activity under the Labor-Management Reporting and Disclosure Act on March 24, 2016. Under the DOL’s new interpretation, employers/clients as well as consultants/attorneys would be required to report to the DOL all arrangements in... Read More

April 21, 2016

Opposition to OSHA’s Silica Rule Spurs Rush of Lawsuits

April 21, 2016

Labor and business interests have dashed to the courthouse to launch lawsuits against the Occupational Safety and Health Administration’s new silica standard, underscoring the controversy over the comprehensive health rule. The rule, released March 25, targets general industry, construction, and maritime. A hotly contested... Read More

April 21, 2016

Mixed Results Seen in Mine Safety Agency’s February Impact Inspections

April 21, 2016

Two coal mines in Appalachia received no citations while four other coal operations in that region, along with an Indiana cement plant, were tagged with alleged infractions in the double digits by the Mine Safety and Health Administration during an impact inspection sweep in February. Ten coal mines and five metal/non-metal facilities in... Read More

April 20, 2016

California’s Mandatory Sexual Harassment Training Requirements Amended

April 20, 2016

New California Fair Employment and Housing Act regulations that went into effect April 1, 2016, requiring employers to have a discrimination, harassment, retaliation, and prevention policy also set new benchmarks for mandatory sexual harassment training procedures. Since its enactment in 2005, California’s AB1825 has governed... Read More

April 18, 2016

Congress Seeks to Block ‘Persuader’ Rule

April 18, 2016

Republicans in the House of Representatives have introduced a joint resolution (H.J. Res. 87) expressing congressional disapproval and seeking to block implementation of the United States Department of Labor’s controversial Final Rule relating to “persuader” activity under the Labor-Management Reporting and Disclosure... Read More

April 14, 2016

Overview of Department of Labor’s Final Fiduciary Rule

April 14, 2016

The Department of Labor has issued its much-anticipated final rule (the “Rule”) concerning the expanded definition of who is considered a fiduciary under the Employee Retirement Income Security Act, as amended (“ERISA”), and the Internal Revenue Code of 1986, as amended (the “Code”), as well as certain... Read More

April 14, 2016

North Carolina Supreme Court Reiterates Limited Blue Pencil Approach to Overbroad Non-Competes

April 14, 2016

Historically, North Carolina has been in the minority of states in taking the limited “blue pencil” approach to overbroad non-compete agreements — i.e., an overbroad covenant cannot be rewritten. North Carolina courts are limited to striking discrete overbroad provisions of the covenant. A 2014 North Carolina Court of... Read More

April 12, 2016

Austin, Texas, Passes Ordinance Banning Pre-Offer Inquiry into Applicant’s Criminal History

April 12, 2016

Austin, Texas, has enacted a city ordinance prohibiting employers from asking about or considering a job applicant’s criminal history before making a conditional offer of employment. Austin is the first city in the South to enact such a “Fair Chance” or “Ban the Box” law. Under the new Austin ordinance,... Read More

April 12, 2016

OSHA Lauds Success of Reporting Rule While Threatening Tough Consequences for Noncompliance

April 12, 2016

The Occupational Safety and Health Administration finds that its new severe injury reporting program is a success. It believes a large number of severe injuries still are not being reported by employers. The agency has warned that tough consequences face employers who choose to ignore the reporting requirements. Effective January 1,... Read More

April 12, 2016

OSHA’s Long-Awaited Silica Rule Faces Uncertain Future

April 12, 2016

More than 20 contentious years in the making, a comprehensive new silica rule, released in March by the Occupational Safety and Health Administration, faces an uncertain future. The rule has met with fierce opposition from business groups and their allies in Congress, who contend the rule is unnecessary, infeasible, and costly. The... Read More

April 11, 2016

Pennsylvania Governor Issues Executive Orders Protecting LGBT Rights

April 11, 2016

Pennsylvania Governor Tom Wolf has signed two executive orders protecting the rights of lesbian, gay, bisexual, and transgender (“LGBT”) individuals. The first executive order covers discrimination by state agencies, and the second applies to state contractors as well as companies who receive state grants. Currently, a... Read More

Showing 1-20 of 3505