Tuesday, July 7, 2026Labor & Employment Law
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OSHA - General
The Occupational Safety and Health Administration has argued in a new “white paper” that employers should include worker safety as part of their “sustainability” calculations.
OSHA - Mining
Noting that 51 coal miners have been fatally injured in accidents involving machinery and powered haulage equipment over the past six-and-a-half years, the Mine Safety and Health Administration has released “Take Pride in Your Ride,” a safety alert focused on machinery.
Benefits - General
HHS and ACA Enforcement under the Influence of a Trump Administration. A summary of some of the essential facts about enforcement of the Affordable Care Act by the Department of Health and Human Services.
Immigration - General
On January 24, 2017, President Donald Trump sent this Twitter message: “Big day planned on NATIONAL SECURITY tomorrow. Among other things, we will build the wall!” So begin what are expected to be several days of focus on Executive Orders affecting the nation’s immigration system and processes.
Labor Law - General
President Donald J. Trump met on January 23 with several union leaders and employees in the construction and sheet metal industries, according to Politico. Unions represented at the meeting include the United Brotherhood of Carpenters, North America’s Building Trades Unions, Laborers’ International
Labor Law - General
Oral argument on Browning-Ferris Industries of California, Inc.’s appeal seeking to overturn the National Labor Relations Board’s landmark joint employer decision, Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (Aug. 27, 2015), has been scheduled for March 9, 2017, by the U.S. Cour
Class Actions - General
The Supreme Court, in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), set a high standard for class certification under Federal Rule of Civil Procedure 23 (“Rule 23”). Under Rule 23(a), the party seeking certification must demonstrate that: (1) the class is so numerous that joinder of all me
OSHA - Retaliation
Last week OSHA announced the release of its “Recommended Practices for Anti-Retaliations Programs.” The publication is “intended to assist employers in creating workplaces that are free of retaliation … This document is advisory in nature and informational in content. It is not mandatory for employe
Labor Law - General
The NLRB’s “quickie election rule” (QER) is not having its desired or expected effect of energizing union organizing. According to NLRB statistics, fewer “RC” petitions (seeking union representation) were filed in FY 2016 than in FY 2015 — 2,029 vs. 2,198. (The NLRB’s fiscal year is October 1 throug
HR - Drugs & Alcohol
Today the U.S. Department of Transportation published a notice of proposed rulemaking in the Federal Register in which it proposes to amend its drug testing program regulation to add four synthetic opioids (hydrocodone, hydromorphone, oxymorphone and oxycodone) to its drug testing panel. DOT also pr
Lawyering - Evidence
As the week begins with new lexicon coming out of our nation’s capital, a recent federal court of appeals ruling reminds us that, in most situations, it’s the employer’s assessment of the facts, not the employee’s “alternative facts,” that matter when deciding the appropriate punishment for employee
Affirmative Action - OFCCP
According to an announcement on the Department of Labor’s website, Edward Hugler is Acting Secretary of Labor.
Benefits - ACA
In one of his first actions in office, President Donald Trump signed an Executive Order to “Minimize the Economic Burden of the Patient Protection and Affordable Care Act Pending Repeal.” In a few short paragraphs, President Trump has given a very broad directive to federal agency heads, including t
Immigration - General
In six months, on July 17, 2017, the Department of Homeland Security’s final rule to improve the nation’s economy by making it possible for certain promising start-up founders/entrepreneurs to begin growing their companies in the United States will become effective.
Puerto Rico
Under a new government administration, Puerto Rico employment laws will undergo the most significant transformation in decades with the expected enactment of the “Labor Transformation and Flexibility Act.”
HR - Privacy & Surveillance
It is not uncommon for employers to assign badges to their employees to grant access to certain locations on the employer’s property and parking garages. Many employees have them, use them, lose them and think little of them.
Federal Gov't - General
With the approach of Inauguration Day, the Senate confirmation process for President-elect Donald Trump’s cabinet picks is in full swing. Televised or streamed hearings are taking place involving Trump’s choices to lead the U.S. Department of Labor, Department of Health and Human Services, Departmen
OSHA - Violations
In August 2016 we reported on the substantial increases to OSHA fines for violations of safety and health regulations as part of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. (Sec. 701 of Public Law 114-74). This law allowed OSHA a one-time “catch-up” adjustment for
FLSA - Overtime Exemptions
In the latest round in the litigation between 21 States, led by the State of Nevada, and the Department of Labor regarding the Final Rule, the State Plaintiffs filed their appeal brief today with the Fifth Circuit, urging the Court to affirm the district court’s order, which issued a nationwide inju
HR - Education Industry
Malicious “ransomware” attacks — where a hacker takes control of the victim’s information systems and encrypts data, preventing the owner from accessing it until the victim pays a sum of money — are on the rise against colleges and universities. Higher education institutions are well-advised to incr