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Wal-Mart Agrees to Precedent-Setting Corporate-Wide Settlement with OSHA Over Shopping Cart Full of Violations

The Occupational Safety and Health Administration (OSHA) announced Wal-Mart Stores, Inc.'s corporate-wide settlement agreement with the U.S. Department of Labor ("settlement") on August 7, 2013. The announcement was made by...more

Second Circuit Affirms Dismissal of Overtime Lawsuit Where Complaint Fails to Allege Extra Hours Worked

The most recent of three similar decisions from the U.S. Court of Appeals for the Second Circuit may limit the risk employers face from overtime lawsuits brought under the Fair Labor Standards Act (FLSA) and the New York...more

8/23/2013

Second Circuit Reverses District Courts and Enforces Individual Arbitration Agreements with Class Action Waivers in FLSA Cases

In American Express Co. v. Italian Colors Rest., 133 S. Ct. 2304 (June 20, 2013), the U.S. Supreme Court ruled, in an antitrust case, that an arbitration agreement that waives the right to proceed on a class basis is...more

When Knowing Is No Sure Thing: 11th Circuit Requires OSHA to Dig Deeper Before Imputing Supervisor's Misconduct to Employer

In a recent case of first impression, the U.S. Court of Appeals for the 11th Circuit reversed the Occupational Safety and Health Review Commission (OSHRC) and held that an employer is not automatically liable for the health...more

Protect "Thy" Workplace: OSHA Cites Employer Under General Duty Clause in Fatal Stabbing of Home Healthcare Worker

The Occupational Safety and Health Administration (OSHA) recently issued a citation to Integra Health Management, Inc., finding that the company violated the Occupational Safety and Health Act in connection with the stabbing...more

It’s Getting Harder to Say Goodbye

The National Labor Relations Act (NLRA or Act) allows employers, including those in the construction industry, to join together to bargain with a union. This is called "multi-employer bargaining." But there are specific rules...more

Labor Pains for Employers: NLRB Delivers Twin Employee-Friendly Decisions on Employer Social Media Policies

The National Labor Relations Board recently issued two rulings on employer social media policies that can be construed as favorable to employees. As a result, it is recommended that employers take the time to specifically...more

OSHA Modifies Hazard Communication Standard

The Occupational Safety and Health Administration’s (OSHA) groundbreaking revisions to the Hazard Communication Standard (HCS) are now final. OSHA’s central purpose in making its major modifications is to align the HCS with...more

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