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August 25, 2016

DOL and FAR Council Publish Final ‘Fair Pay and Safe Workplaces’ Rules for Government Contractors

August 25, 2016

The U.S. Department of Labor and the Federal Acquisition Regulatory (“FAR”) Council have published the highly-anticipated final guidance and regulations implementing President Barack Obama’s “Fair Pay and Safe Workplaces” Executive Order (E.O. 13673), often called the “Blacklisting” or “Bad... Read More

August 25, 2016

Georgia Magistrate Judge Limits OSHA Safety Inspections in Poultry Plants

August 25, 2016

The Occupational Safety and Health Administration is fighting a Gainesville, Georgia, magistrate judge’s recommendation that would restrict its new regional worker-safety program aimed at poultry processing facilities. In the Regional Emphasis Program (REP), announced October 2015, the federal agency said it will increase... Read More

August 25, 2016

OSHA Tests New Program to Expedite Whistleblower Claims

August 25, 2016

In an effort to speed up claims under the Occupational Safety and Health Administration’s Whistleblower Protection Program, the Labor Department’s San Francisco region has launched a new process, called the “Expedited Case Processing Pilot.” Under the new process, OSHA may halt certain whistleblower investigations... Read More

August 25, 2016

Illinois Freedom to Work Act: One State’s Reaction to Overreaching Non-Compete Agreements

August 25, 2016

In an effort to address possible overuse of non-compete agreements by certain employers, Illinois Governor Bruce Rauner has signed into law the Illinois Freedom to Work Act. The Act prohibits private sector employers from entering into non-compete restrictions with “low-wage employees” and renders any such agreements “... Read More

August 23, 2016

Holding Class Waivers Violate the NLRA, Ninth Circuit Joins Circuit Split

August 23, 2016

Requiring class and collective action waivers as a condition of hire or continued employment violates the National Labor Relations Act, the U.S. Court of Appeals for the Ninth Circuit, in San Francisco, has ruled. Morris v. Ernst & Young, No. 13-16599 (9th Cir. Aug. 22, 2016). The Ninth Circuit has joined the Seventh Circuit in... Read More

August 22, 2016

Court Dismisses on Religious Freedom Grounds EEOC’s Title VII Suit on Behalf of Fired Transgender Employee

August 22, 2016

Finding the Equal Employment Opportunity Commission failed to accommodate the religious beliefs of a funeral home’s owner who fired a transgender employee under the Religious Freedom Restoration Act, a federal district court has dismissed the Commission’s discrimination lawsuit brought under Title VII of the Civil Rights Act... Read More

August 19, 2016

Massachusetts Enacts Transgender Restroom Law

August 19, 2016

Massachusetts has taken another step in protecting those who do not identify with the sex they were assigned at birth. Effective October 1, 2016, individuals will have the legal right to use restrooms, changing rooms, and locker rooms that correspond to their gender identity, regardless of their assigned sex. Additionally, no place of... Read More

August 19, 2016

Massachusetts Amends Blue Laws to Allow for Operations of Warehouses on Sundays and Holidays

August 19, 2016

Warehouses and delivery centers in Massachusetts can be opened on Sundays and holidays under a provision in the new economic development law amending the state’s “blue laws.” The Massachusetts blue laws, with a list of 55 exceptions, restrict certain commercial activities on Sundays and holidays. Governor Charlie Baker... Read More

August 19, 2016

Wisconsin Court Finds Anti-Poaching Agreements to be Unenforceable

August 19, 2016

Analyzing an anti-poaching agreement as a non-compete agreement, a Wisconsin Court of Appeals has confirmed that a former employee’s agreement not to solicit other employees may be void and unenforceable if it is too broad. The Manitowoc Company v. Lanning, No. 2015AP1530 (Wis. Ct. App. Aug. 17, 2016). The decision offers an... Read More

August 18, 2016

Seattle Mayor’s Office Proposes Predictable Scheduling Law

August 18, 2016

The Seattle Mayor’s Office has proposed a Secure Scheduling Proposal that would require certain large employers operating within Seattle city limits to give their hourly workers advance notice of their schedules and to pay workers extra for being required to work on call. The Proposal, introduced on August 9, 2016, has a stated... Read More

August 18, 2016

OSHA Issues Special Zika Guidance to Employers

August 18, 2016

The Occupational Safety and Health Administration has issued “interim guidance” to provide employers and workers information and advice on preventing occupational exposure to the mosquito-borne Zika virus. The guidance’s recommended actions (Control & Prevention) for employers and general outdoor workers include... Read More

August 18, 2016

Respirable Coal Dust Samples Prove New Dust Rule Is Achievable, Mine Safety Agency Announces

August 18, 2016

The Mine Safety and Health Administration has announced that 99 percent of the coal mine dust samples collected from April 1, 2016, through June 30, 2016, were in compliance with its coal mine dust standards requiring lower levels of dust. It said that this proves  the “significantly positive impact” of its coal dust... Read More

August 17, 2016

EU-U.S. Privacy Shield Q&A

August 17, 2016

The European Union and U.S. officials have given final approval of the EU-U.S. Privacy Shield, which replaces the Safe Harbor invalidated by the Court of Justice of the European Union in October 2015. Like it predecessor, the Privacy Shield will allow organizations based in the United States to self-certify compliance with... Read More

August 16, 2016

Controversial Judicial Estoppel Ruling Overturned – But the Risk Remains

August 16, 2016

A former employee who the Alabama Department of Labor had ruled in an unemployment hearing was fired lawfully for misconduct was not precluded, or estopped, from later claiming she was fired unlawfully in retaliation for taking Family and Medical Leave Act leave, the U.S. Court of Appeals for the Eleventh Circuit has held. Simmons v.... Read More

August 16, 2016

SEC Fines Company $265,000 for Severance Agreements that Potentially Chilled Whistleblowers

August 16, 2016

Company agreements with employees continue to be under fire. In the latest example, the Securities and Exchange Commission has issued a cease-and-desist order against BlueLinx Holdings Inc. over the use of severance agreements the agency found improperly interfered with the rights of potential whistleblowers to obtain monetary rewards... Read More

August 11, 2016

Maximum OSHA Fines for Safety Violations Increase by 78%

August 11, 2016

The first increases to Occupational Safety and Health Administration fines for violations of safety regulations since 1990 went into effect on August 1, 2016. The increases are substantial: the maximum penalties have increased by 78 percent. In addition, OSHA will adjust the amounts annually based on the Consumer Price Index. The U.S... Read More

August 11, 2016

OSHA Launches Summer Heat Safety Campaign

August 11, 2016

The Occupational Health and Safety Administration’s new campaign — “Water. Rest. Shade.” — alerts employers and workers to the hazards of working in high summer temperatures and highlights OSHA’s educational and training resources, including a free app, to help lower the risk of heat-related illnesses... Read More

August 11, 2016

Illinois Law Mandates Unpaid Child Bereavement Leave

August 11, 2016

Illinois employers with at least 50 employees must provide employees who suffered the loss of a child with up to two weeks (10 work days) of unpaid leave under the new Child Bereavement Leave Act. The new law took effect immediately upon Governor Bruce Rauner’s signature on July 29, 2016. Covered Employees and Employers... Read More

August 4, 2016

Discrimination Based on Sexual Orientation Not Protected by Title VII, Federal Court Rules

August 4, 2016

The anti-discrimination protections under Title VII of the Civil Rights Act do not encompass workplace discrimination on the basis of sexual orientation, the U.S. Court of Appeals for the Seventh Circuit, in Chicago, has held. Hively v. Ivy Tech Community College, No. 15-1720 (7th Cir. July 28, 2016) (an Order Correcting Opinion was... Read More

August 2, 2016

Massachusetts Governor Signs Tough Pay Equity Bill

August 2, 2016

Massachusetts has become the latest state to strengthen its pay equity laws. Governor Charlie Baker signed a bill amending the state’s Equal Pay Act on August 1, 2016. The new law, which becomes effective on July 1, 2018, imposes more rigorous equal pay obligations on employers and provides for automatic triple damages and... Read More

Showing 1-20 of 3607