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Top Five Labor Law Developments for December 2018

January 8, 2019 | Legal Update Article

A U.S. Circuit Court of Appeals partially upheld the Obama-era standard the National Labor Relations Board (NLRB) adopted for determining whether two entities are joint employers under the National Labor Relations Act (NLRA). Browning-Ferris Industries of Cal., Inc. v. NLRB, No. 16-1028 (D.C. Cir. Dec. 28, 2018). The case came before... Read More

By Philip B. Rosen

Labor and Preventive Practices

Supreme Court: Interstate Transport Companies’ Independent Contractor-Drivers are Exempt from FAA

January 16, 2019 | Legal Update Article

In New Prime, Inc. v. Oliveira, the U.S. Supreme Court held that the Federal Arbitration Act’s (FAA) Section 1 exemption applies to transportation workers, regardless of whether they are classified as independent contractors or employees. No. 17-340 (Jan. 15, 2019). By its terms, the FAA does not apply to “contracts of employment of... Read More

By Samia M. Kirmani

Class Actions and Complex Litigation

Massachusetts Sets Date for Publication of Draft Regulations on Paid Family and Medical Leave

January 10, 2019 | Legal Update Article

The newly-created Massachusetts Department of Family and Medical Leave has stated that it plans to publish draft regulations for the recently enacted Massachusetts Paid Family and Medical Leave Law no later than January 23, 2019.  In addition, the Massachusetts Department of Family and Medical Leave has scheduled a number of public... Read More

By Jeffrey S. Brody

Disability, Leave and Health Management

Joint Employment under NLRA: Interpreting D.C. Circuit Court’s Browning-Ferris Decision

January 7, 2019 | Legal Update Article

In a highly anticipated decision on the National Labor Relations Board’s controversial 2015 joint-employer standard under the National Labor Relations Act, the federal appeals court in the District of Columbia has partially upheld the standard. Browning-Ferris Industries of Cal., Inc. v. NLRB, No. 16-1028 (D.C. Cir. Dec. 28, 2018).... Read More

By Philip B. Rosen

Labor and Preventive Practices

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New California Law Requires Sexual Harassment Prevention Training for Supervisors and Non-Supervisors

Michigan Amends Paid Sick Leave Law

New York City Releases Guidance on Mandatory Sexual Harassment Training, Notice Requirements

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Jeffrey Brecher Discusses Implications of Predictive Scheduling Legislation and the Restaurant Industry

January 14, 2019 | Bloomberg Law

Jeffrey Brecher discusses predictive scheduling legislation and how its changing the way restaurants can hire and schedule their employees in "Scheduling Laws Take a Bite Out of Profits, Restaurants Say," published by Bloomberg Law. Subscription may be required to view article Read More

Jackson Lewis Expands Employee Benefits Practice with Addition of Michael Taibleson

January 11, 2019 | Jackson Lewis

MILWAUKEE, WI (January 11, 2019) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce Michael W. Taibleson has joined the firm’s Milwaukee office as a Principal. Mr. Taibleson, who joins the firm from Husch Blackwell, has almost 30 years of experience advising clients on compensation and... Read More

Jackson Lewis Announces 17 Newly Elevated Principals

January 4, 2019 | Jackson Lewis

WHITE PLAINS, NY (January 4, 2019) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce the firm has recently elevated 17 attorneys to Principal status. “Our newest Principals — a diverse group of attorneys who represent a variety of practice areas and geographic regions — are all... Read More