Sunday, July 5, 2026Labor & Employment Law
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Affirmative Action - OFCCP
The U.S. Department of Labor announced today another extension of the public comment period for the proposed guidance and regulations implementing The Fair Pay & Safe Workplaces Executive Order 13673. The deadline for submitting comments is now August 26, 2015. This is the second extension for this
Immigration - Visas
USCIS has resumed acceptance of Form I-907, Request for Premium Processing Service, for all H-1B extension of stay petitions. Premium Processing Service had been suspended by USCIS for this type of filing as of May 26, 2015, in anticipation of a large number of applications for employment authorizat
OSHA - General
On July 20, 2015, OSHA published a long awaited Directive on the revised Hazard Communication Standard (“HCS”), Inspection Procedures for the Hazard Communication Standard (HCS 2012), CPL 02-02-079. The Directive is intended to provide inspection and enforcement guidance to compliance officers regar
ADA - Reasonable Accommodation
Sometimes it seems an employer has done a lot to accommodate an employee under the ADA, yet the employee claims the employer should have done more. The Seventh Circuit addressed such a situation in Swanson v. Village of Flossmoor (7th Cir. July 24, 2015).
Maryland
Montgomery County is the first county in Maryland to enact a paid sick and safe leave law. The Earned Sick and Safe Leave Law (“the Law”) requires employers operating and doing business in Montgomery County, that employ one or more employees, to provide paid sick and safe leave to their employees wh
Affirmative Action - OFCCP
Today, OFCCP released a new outreach and education poster. The poster, which the Agency explained was based on feedback received during “stakeholder” listening sessions, is not a mandatory posting but provided by the agency to “increase public awareness of OFCCP and its mission.” The poster highligh
OSHA - General
In 2012, the U.S. Court of Appeals for the District of Columbia held that OSHA could not issue citations for failing to record an injury or illness beyond the six-month statute of limitations set out in the statute. AKM LLC d/b/a Volks Constructors v. Sec’y of Labor, 675 F.3d 752 (D.C. Cir. 2012).
Lawyering - Discovery
his is part five of the continuing series on two-filter document culling. This is very important to successful, economical document review. Please read parts one, two, three and four before this one.
FLSA - Industries and Occupations
In accordance with the Ninth Circuit and several other federal court rulings, the Court of Appeals for the Fourth Circuit yesterday held that an employee cannot bring a claim for wages based on allegedly misappropriated gratuities under the FLSA. Trejo v. Ryman Hospitality Props., 2015 U.S. App. LEX
Immigration - Employment Eligibility
President Barack Obama’s executive order expanding Deferred Action for Childhood Arrivals (DACA) eligibility and work authorization met a another roadblock when a federal District Court threatened to sanction the Secretary of Homeland Security and senior DHS officials for issuing three-year Employme
OSHA - General
OSHA has recently issued several memoranda updating guidance on its Process Safety Management (“PSM”) standard. On June 5, 2015, OSHA issued a memorandum to Regional Administrators explaining how inspectors should enforce recognized and generally accepted good engineering practices (“RAGAGEP”) requi
Labor Law - Collective Bargaining
Although the National Labor Relations Board’s 2012 decision in Alan Ritchey, Inc., 359 NLRB No. 40 was invalidated by the United Supreme Court in Noel Canning v. NLRB (2014) because of improper Board recess appointments, an NLRB Administrative Law Judge has decided to follow the “principles” contain
Labor Law - Protected Concerted Activity
An employer lawfully prohibited employees who interact with customers from wearing t-shirts printed with the words “Inmate” and “Prisoner” and containing black and white horizontal stripes, a federal appeals court has held, rejecting a 2-1 decision of the National Labor Relations Board. In Southern
Labor Law - Union Organizing
The National Labor Relations Board has won a second legal victory in connection with its “quickie” election rule.
Labor Law - NLRB
In a case with potentially far-reaching implications, the National Labor Relations Board has issued a decision invalidating a confidentiality policy similar to that applied by many employers during workplace investigations. Banner Health System d/b/a Banner Estrella Medical Center, 362 NLRB No. 137
HR - Drugs & Alcohol
A Texas oil refinery whose substance abuse policy said an employee “whose drug test is positive, regardless of the reasons for the test,” would be considered in violation of company policy and “will be terminated from employment” meant what it said, a labor arbitrator has concluded. The policy, alon
HR - Drugs & Alcohol
The Centers for Disease Control and Prevention (CDC) and the Food and Drug Administration (FDA) have published a new report discussing trends in the growing heroin epidemic in the United States. The July 7, 2015 report examined data from the 2002 – 2013 National Survey on Drug Use and Health, which
California - General
Jackson Lewis Shareholder Punam Sarad will serve as a panelist at the Bay Area Employer 411: What You Need to Know About the New Laws on Equal Pay, Fair Scheduling and Slavery-Free Supply Chains Conference hosted by the San Francisco Department on the Status of Women, Department of Labor/Women’s Bur
California - Wage & Hour
Applying California’s administrative exemption test, the U.S. Court of Appeals for the Ninth Circuit recently concluded an insurance company properly classified its claims adjusters (who handled and processed disability claims) as exempt from the overtime provisions of the California Labor Code, not
Nevada - General
When businesses set out to safeguard “personal information,” a fundamental consideration is what that term means. Likewise, when negotiating a third-party vendor agreement, it typically is not enough to rely on the standard definition for “confidential information.”