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June 18, 2018

OSHA Beryllium Standard in Construction

June 18, 2018

On January 9, 2017, OSHA issued a final rule adopting a comprehensive standard for exposure to beryllium and beryllium compounds. A separate standard was promulgated for general industry, construction, and shipyard industries. When OSHA first announced its intent to promulgate a beryllium standard for construction in 2015, the scope... Read More

June 18, 2018

Construction Industry’s Ongoing Labor Shortage: Consider Implementing Non-Monetary Benefits

June 18, 2018

Findings from the “Q2 2018 USG Corporation + U.S. Chamber of Commerce Commercial Construction Index,” released June 5, 2018, show four straight quarters with more than 90 percent of contractors concerned over labor shortages. The construction industry, however, continues to experience significant economic opportunities. For example, the... Read More

June 18, 2018

OSHA Recordkeeping: OSHA Only Requiring Electronic Submission of 300A Forms

June 18, 2018

In its latest Regulatory Agenda, the Occupational Safety and Health Administration (OSHA) indicated that it was undergoing rulemaking to revise the “Improve Tracking of Workplace Injuries and Illnesses” regulation promulgated under the Obama Administration. OSHA noted it was considering deleting the requirement for employers with 250 or... Read More

June 18, 2018

Opioid Crisis Disproportionately Affects Construction Industry: Three Policies to Minimize Associated Risks

June 18, 2018

In October 2017, the White House declared the opioid addiction epidemic to be a “public health crisis.” Not surprisingly, according to an October 2017 article by Construction Dive, this crisis disproportionately affects the construction industry more than any other sector. With an aging workforce in a physically demanding industry,... Read More

June 18, 2018

Cranes in Construction: OSHA Issues Notice of Proposed Rulemaking for Crane Operator Certification

June 18, 2018

Almost eight years after the promulgation of the Occupational Safety and Health Administration (OSHA) Cranes and Derricks in Construction standard, 1926 – Subpart CC, OSHA has issued a Notice of Proposed Rulemaking (NPRM) to update the cranes and derricks in construction standard. Initially, as part of that standard, crane operators... Read More

June 13, 2018

New Hampshire Prohibits Gender Identity Discrimination

June 13, 2018

New Hampshire became the 20th state in the country to prohibit discrimination of all forms based upon gender identity when Governor Chris Sununu signed House Bill 1319 into law on June 8, 2018. The law goes into effect on July 8, 2018. House Bill 1319 adds “gender identity” to the list of protected classes under the New Hampshire Law... Read More

June 13, 2018

Top Five Labor Law Developments for May 2018

June 13, 2018

The U.S. Supreme Court has ruled that class action waivers in employment arbitration agreements do not violate federal law. Epic Systems Corp. v. Lewis, No. 16-285; Ernst & Young LLP et al. v. Morris et al., No. 16-300; National Labor Relations Board v. Murphy Oil USA, Inc., et al., No. 16-307 (May 21, 2018). The Supreme Court’s... Read More

June 12, 2018

Nevada Supreme Court Rejects an Interpretation of ‘Health Insurance’ that Would Nullify State Wage System

June 12, 2018

In the last of a series of decisions reached by the Nevada Supreme Court interpreting the Minimum Wage Amendment (“MWA”) to the Nevada Constitution, the Court concluded that an employer may pay the lower of the state’s two-tier minimum wage “if the employer offers health insurance at a cost to the employer of the equivalent of at least... Read More

June 11, 2018

Class Action Stacking Is Not Permitted, U.S. Supreme Court Rules

June 11, 2018

Once class action certification has been denied, a putative class member may not start a new class action beyond the applicable statute of limitations, the U.S. Supreme Court has ruled, 9-0, in an opinion by Justice Ruth Bader Ginsburg. China Agritech, Inc. v. Resh, No. 17-432 (June 11, 2018). Justice Sonia Sotomayor filed an opinion... Read More

June 8, 2018

New Jersey Closer to Bar on Jury Waivers, Arbitration Agreements, Secrecy of Harassment Settlements

June 8, 2018

The New Jersey Senate has passed a bill that would prohibit jury waivers and agreements that conceal the details of discrimination claims under the New Jersey Law Against Discrimination, N.J.S.A. § 10:5-1, et seq. (LAD). The bill, which passed by a vote of 34-1, also would call into question the enforceability of agreements to arbitrate... Read More

June 8, 2018

Constructive Notice Enough for Successor Withdrawal Liability, Ninth Circuit Holds

June 8, 2018

The expansion of the multiemployer pension plan successor withdrawal liability doctrine continues for asset purchasers. Establishing a constructive notice standard, the federal appellate court in San Francisco has ruled that a common law successor of a seller that withdrew from a multiemployer pension plan covered by the Employee... Read More

June 7, 2018

Vermont Adds Crime Victims to Its List of Protected Classes with New Law

June 7, 2018

The categories of individuals protected under Vermont’s anti-discrimination statute (21 V.S.A. §495) has been expanded to include crime victims. H.B. 711, signed by Governor Phil Scott on May 28, 2018, adds crime victims to the list of protected classes in the state’s Fair Employment Practices Act, making retaliation and... Read More

June 7, 2018

Number of Contingent Workers Inches Higher, DOL Survey Finds

June 7, 2018

The Department of Labor (DOL) has confirmed the gig economy is alive and well, but the number of workers has increased only slightly in the past decade. The DOL released its much-anticipated “Contingent and Alternative Employment Arrangements Survey” report on June 7, 2018. The number of U.S. workers classified as “contingent” (... Read More

June 7, 2018

Employment-at-Will Comes to Puerto Rico?

June 7, 2018

Puerto Rico’s Financial Oversight and Management Board and Governor Ricardo Rosselló have sent bills to the Puerto Rico legislature to repeal the Unjust Dismissal Act, Act No. 80 of May 30, 1976 (Act 80). If either bill is enacted, employers in Puerto Rico will no longer be required to have “just cause” to dismiss employees hired for an... Read More

June 6, 2018

H-1B Visa Rules Tightening for Outsourcing and Staffing Companies

June 6, 2018

The Trump Administration has been targeting outsourcing and staffing firms that use H-1B non-immigrant visas, the most popular employment-based visa for foreign professional workers. The Administration has issued guidance after guidance since March 2017 that add requirements for such firms. Rather than hiring workers one by one, U.S.... Read More

June 5, 2018

Maine’s New Recreational Marijuana Law Permits Employers to Enforce Policies Restricting Use

June 5, 2018

Maine’s new recreational marijuana law permits employers to enforce workplace policies restricting the use of marijuana and to take disciplinary action in accordance with those workplace policies. The new law, which took effect on May 2, 2018, replaced one that had been the subject of controversy, particularly with regard to certain... Read More

June 5, 2018

The Wait is Over for Legalized Sports Gambling in New York

June 5, 2018

A provision in New York’s 2013 Racing, Pari-Mutuel Wagering and Breeding Law authorizing casinos to take bets on sporting events had been held in suspension because of the federal ban on state-regulated sports wagering. Now, as a result of the U.S. Supreme Court’s striking down the Professional and Amateur Sports Protection Act of 1992 (... Read More

June 4, 2018

Supreme Court: Colorado’s Civil Rights Commission Anti-Religious Bias Violated Cake Baker’s Rights

June 4, 2018

The U.S. Supreme Court has issued a narrow ruling in favor of a baker who refused to make a wedding cake for a same-sex couple. Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, No. 16-111 (June 4, 2018). The Court’s 7-2 decision resolves the specific conflict between the owner of Masterpiece Cakeshop, Jack Phillips, and... Read More

June 4, 2018

South Carolina Enacts New Pregnancy Accommodation Requirements

June 4, 2018

The South Carolina Pregnancy Accommodations Act amends the South Carolina Human Affairs Law to require employers with at least 15 employees to provide reasonable accommodations to employees for medical needs arising from pregnancy, childbirth, or other related medical conditions (including lactation), unless the employer can demonstrate... Read More

May 31, 2018

Connecticut Bans Inquiries into Applicants’ Wage and Salary History

May 31, 2018

Connecticut is the latest state to prohibit employers from asking prospective employees about past compensation. Effective January 1, 2019, employers may not ask (directly or through a third party) about a prospective employee’s wage and salary history unless the prospective employee volunteers the information. According to Governor... Read More

Showing 1-20 of 4095