Tuesday, July 7, 2026Labor & Employment Law
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Class Actions - General
Yesterday, the United States Supreme Court notified the parties in National Labor Relations Board v. Murphy Oil USA, Case No. 16-307; Epic Systems Corp. v. Lewis, Case No. 16-285; and Ernst & Young LLP v. Morris, Case No. 16-300 that the cases will be heard in October 2017. Jackson Lewis has represe
HR - Education Industry
After an unusually contentious Senate confirmation process, Betsy DeVos was confirmed as U.S. Secretary of Education on February 7, 2017.
Lawyering - Discovery
Magistrate Judge R. Steven Whalen agreed with UPS that it did not have to spend six months and $120,000 to recover data stored on backup tapes that may not be relevant to the case if UPS prevails in its efforts to limit the scope of the putative class’s claims. Instead, the Court directed the partie
OSHA - General
The Occupational Safety and Health Administration has issued a final rule “to prevent chronic beryllium disease and lung cancer” in workers by limiting their exposure to beryllium and beryllium compounds. Beryllium and beryllium compounds are used in the aerospace, shipyard, electronics, energy, tel
HR - Whistleblowing
A California federal jury awarded Sanford Wadler, former General Counsel of Bio-Rad Laboratories, $8 million for his claims against his former employer under the whistleblower provisions of Sarbanes-Oxley (SOX) and the Dodd-Frank Acts (DFA). This case implicates a number of key issues confronting co
OSHA - Mining
Examinations of working places should be conducted before miners begin work in those places and miners should be notified of hazardous conditions found during examinations, the Mine Safety and Health Administration has announced in a final rule amending existing standards to improve the quality of w
California - Wage & Hour
Under California law, employers’ policies may permit rounding of employee timecard entries to the nearest tenth of an hour (six minutes), the Fourth Appellate District of the California Court of Appeal has affirmed. Silva v. See’s Candy Shops, Inc., No. D068136 (Dec. 9, 2016, published Jan. 5, 2017)
Lawyering - Discovery
In one of the first cases interpreting newly amended Fed. R. Civ. P. 37, F.T.C. v. DirecTV, Inc., 15-cv-01129-HSG, 2016 U.S. Dist. LEXIS 176873 (N.D. Cal. Dec. 21, 2016), Magistrate Judge Maria Elena James of the Northern District of California denied plaintiff’s motion to exclude spoliated evidence
Indiana
Under a constructive discharge theory, an employee’s limitation period to file a discrimination claim with the Equal Employment Opportunity Commission begins upon the constructive discharge, not before, the United States Supreme Court has ruled, giving clarity to timing considerations of constructiv
Missouri - General
Governor Eric Greitens campaigned on promises to sign “right-to-work” law if given the opportunity and the Missouri House of Representatives gave him that opportunity by passing Senate Bill 19 (SB 19) after hours of floor debates on February 2, 2017. Governor Greitens signed SB 19 on February 6, 201
Affirmative Action - OFCCP
With the transition to a new presidential administration well under way, everyone is looking for signs to help predict the future. Given President Trump’s sweeping executive action, including entering an Executive Order requiring the identification of two regulations to be eliminated for every new r
California - Wage & Hour
Employers in San José, California, must offer additional work hours to existing qualified part-time employees before hiring new employees beginning March 13, 2017, under the Opportunity to Work Ordinance.
Affirmative Action - OFCCP
Scholarship football players in Division I FBS private sector colleges and universities are employees under the National Labor Relations Act, National Labor Relations Board General Counsel Richard F. Griffin has concluded. Accordingly, he explained, the players have all of the rights and protections
Pennsylvania - General
On January 23, 2017, Philadelphia Mayor Kenney signed the Wage History Ordinance into law, making Philadelphia the first major U.S. city to make it illegal for employers to inquire about a potential employee’s salary history.
Class Actions - General
The Patriots, Falcons, and . . . class actions?
Class Actions - General
The General Counsel of the National Labor Relations Board has instructed Regional Offices to hold in abeyance cases involving mandatory arbitration agreements with opt in or opt out clauses. Regions must do the same in cases where an employer argues that the class action waiver in its arbitration ag
FMLA - General
“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the fifth in a monthly series highlighting some of the more common mistakes employers can inadvertently make regarding FMLA administration.
Kansas
An appellate court in Kansas ruled that an insufficient urine specimen, without evidence of intent to thwart the drug test, is not a refusal to submit to a test for purposes of the Workers’ Compensation Act. Byers v. Acme Foundry, 2017 Kan. App. LEXIS 12 (KS. Court of Appeals January 27, 2017).
Immigration - Employment Eligibility
Among the last rules issued during the Obama Administration, Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers went into effect on January 17, 2017. One of its provisions allows for automatic extensions of the validity periods of
ADA - Reasonable Accommodation
In case your news and twitter accounts are down, and you otherwise have not heard the news… President Trump has nominated Judge Gorsuch from the U.S. Court of Appeals for the Tenth Circuit to fill Justice Antonin Scalia’s vacant Supreme Court seat.