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Administrative Hearings Employer Liability Issues

Fisher Phillips

Farm Employers Score Major Win in H-2A Dispute – How Your Business Should Respond to Federal Appeals Court Decision

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A federal appeals court just ruled that the Department of Labor’s administrative system for imposing civil penalties on agricultural employers for H-2A violations is unconstitutional, handing businesses across all industries...more

Barnea Jaffa Lande & Co.

Lawful Employment Termination in a Changing Labor Market

The current changes in the Israeli economy sometimes entail a need for employers to downsize their workforces. These proceedings can be complex and require advance preparation, as well as proper, accurate, and in-depth...more

Miller Nash LLP

Washington Court of Appeals Expands Possibility for Attorney’s Fees Claim Under Wage Statute as Separate Cause of Action

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In the recently published Reeves v. Mason County, Division III of the Washington Court of Appeals expanded the availability of a standalone suit to recover attorney’s fees accrued when an employee successfully recovered lost...more

Carlton Fields

What the Supreme Court’s LGBT Ruling Means for Future EEOC Title VII Enforcement

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On June 15, 2020, the U.S. Supreme Court ruled that refusing to hire, firing, or otherwise subjecting an individual to workplace discrimination because of sexual orientation or gender identity is the equivalent of...more

McManis Faulkner

Dealing With The Labor Commissioner—Is A Lawyer Necessary?

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Not all employment disputes are filed in court as civil lawsuits.  Employees who believe they are owed wages or expenses may bring an administrative action against their employers with the California Labor Commissioner, also...more

Bricker Graydon LLP

Industrial Commission hearings during the COVID-19 pandemic

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3/16/2020 Update - 5:30 p.m.: Industrial Commission hearings will now be limited to phone hearings. Hearing Officers will call all parties by conference call....more

Best Best & Krieger LLP

New 2020 Labor & Employment Laws for Public Agencies

Shauna Amon Writes About Public Employer New Laws in PublicCEO - California and federal courts, along with the state’s Public Employer Relations Board, handed down a number of decisions last year that will impact public...more

Seyfarth Shaw LLP

Demystifying Labor Commissioner Wage Claims

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Seyfarth Synopsis: Halloween was last week, and you probably thought all the scary ghouls and goblins were going to rest for another year. Do not relax just yet! This week, we discuss another process that can be scary for...more

Stokes Wagner

California Governor Newsom Signs Landscape-Changing Worker-Friendly Bills

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On October 10, 2019, Governor Newsom signed AB 51 and AB 9 into law. These two worker-friendly laws may require employers to review and revise current policies and procedures relating to employment-related claims....more

Harris Beach Murtha PLLC

MCAD Hearing Officer Awards $50,000 Plus 12% Interest For Gender Identity Harassment

A recent MCAD case illustrates the exposure companies doing business in Massachusetts face for: ..Strict liability for discriminatory and retaliatory acts committed by supervisors; ..Emotional distress damage awards...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Steep Fines Underscore Value of I-9 Compliance

A recent ruling by the Office of the Chief Administrative Hearing Officer (which has jurisdiction over cases arising under the Immigration and Nationality Act) underscores the importance of employers revisiting their internal...more

Shumaker, Loop & Kendrick, LLP

I-9 Violations Result in Harsh Consequences

A recent decision by the Office of the Chief Administrative Hearing Officer – United States of America V. Hartmann Studios, Inc. – has resulted in more than $600,000 in civil penalties for the employer/defendant. The...more

Brownstein Hyatt Farber Schreck

NLRB Overturns ALJ Decision; Finds Confidentiality Agreement Violated Employee Rights

On Feb. 24, 2015, the National Labor Relations Board (NLRB) held that a Washington transportation company’s Confidentiality Agreement violated the National Labor Relations Act (NLRA). The case was titled, Battle’s Transp.,...more

K&L Gates LLP

Former Employees Behaving Badly

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Commonly, dismissed employees behave badly post-dismissal. Not only does bad behaviour post-dismissal often confirm an employer's difficult decision to terminate the employee's employment, it can also be used to defend an...more

Fisher Phillips

Your Most Important Employment Documents

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Employment litigation can be expensive and time consuming. Success or failure in defending your company can turn on either the law or the facts. You can’t do too much to change the law that applies to any given case. But...more

FordHarrison

DOL Administrative Review Board Nixes Greedy H-1B Worker's Front Pay Appeal Based on New H-1B Employer Petition Approval

FordHarrison on

The U.S. Department of Labor (DOL) has just released a final decision and order rendered this past July by the Administrative Review Board (ARB), holding that an H-1B worker's front pay claim against a former employer is cut...more

Poyner Spruill LLP

Shorts on Long Term Care - Summer 2014

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In this issue: - Nursing Facility Survey Trends: Directed Plans of Correction, Privacy Violations and FTag 520 Quality Assurance Committee Citations - COBRA Meets ACA – Time to Update COBRA Notices -...more

Bond Schoeneck & King PLLC

NLRB ALJ Rules That An Interim Grievance Procedure Does Not Require An Arbitration Option

In a decision issued last week, an Administrative Law Judge (“ALJ”) for the National Labor Relations Board (“NLRB”) ruled that an interim grievance procedure between an employer and a newly-certified union did not have to...more

BakerHostetler

Unlawful Policy = Unlawful Termination? The NLRB’s Latest Pronouncement

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The NLRB recently issued its decision in Flex Frac Logistics, LLC, Case 16-CA-02978, which the NLRB had remanded to the administrative law judge (“ALJ”) for further analysis after finding that the employer maintained an...more

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