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Seyfarth Shaw LLP

Another Year in The Books – OSHA’s Top Ten Safety Violations for Fiscal Year 2024

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OSHA enforces almost 1,000 standards and tens of thousands of individual regulations related to General Industry, Construction, Maritime, and other industries. Once again, OSHA released its preliminary data for the top ten...more

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

Shedding Light on MSHA’s Illumination Standard

A frustration mine operators frequently face relates to Mine Safety and Health Administration (MSHA) citations alleging insufficient illumination in work areas. Given the subjective nature of MSHA’s illumination standard,...more

Woods Rogers

CFPB Warns Employee Confidentiality Agreements May Violate Whistleblower Protections

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The Consumer Financial Protection Bureau (CFPB) recently issued the Consumer Financial Protection Circular 2024-04 warning financial institutions that broad employee confidentiality agreements may violate the whistleblower...more

Epstein Becker & Green

California District Court Rules That Software Vendor Is Subject to Title VII, the ADA, the ADEA

Epstein Becker & Green on

On July 12, 2024, in a keenly awaited decision, the U.S. District Court for the Northern District of California determined that Workday, Inc. (“Workday”), a provider of AI-infused human resources (HR) software, can be held...more

Littler

What Has Been Happening at OCAHO in 2023-2024?

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From February 2023 to the present, the Office of the Chief Administrative Hearing Officer (OCAHO) issued four decisions concerning the amount of I-9 penalties.2 In all four cases, the employers underwent Immigration and...more

Conn Maciel Carey LLP

Latest Cal/OSHA Updates- Standards Board Vote on the Revised Lead Regulations Expected on February 15th

Conn Maciel Carey LLP on

Standards Board Updates - While the latest Cal/OSHA Standards Board (the Board) meeting covered a wide range of topics, the upcoming vote on the controversial draft revised lead regulations was a main topic for both...more

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

Past Practice in the Past? NLRB Narrows Past Practice Defense for Employer Unilateral Action During Bargaining

On August 30, 2023, the National Labor Relations Board (NLRB) released two decisions that will make it more difficult for employers to implement past practices during a break in bargaining or at an impasse, opening the door...more

Quarles & Brady LLP

Seventh Circuit Rejects Dismissal of Franchisee No-Poach Clause Challenge

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In Deslandes v. McDonald’s USA LLC, issued August 25, 2023, the U.S. Court of Appeals for the Seventh Circuit overturned the dismissal of antitrust claims that challenged no-poach clauses in franchise agreements....more

Littler

OCAHO Reduces I-9 Penalties by Average of 34% in 2022-2023

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In the period of 2022 to the present, the Office of the Chief Administrative Hearing Officer (OCAHO) has issued eight decisions concerning the amount of I-9 penalties. In all cases, the employers underwent Immigration and...more

Bilzin Sumberg

Eleventh Circuit Revives Putative Class Action Against Burger King for Violation of Federal Antitrust Laws Based on No-Poaching...

Bilzin Sumberg on

Arrington v. Burger King Worldwide, Inc., No. 20-13561 (11th Cir. Aug. 31, 2022) – In October 2018, a former line cook of a Burger King franchise restaurant in Illinois, filed a class action complaint in the District Court...more

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

OSHA Expands Scope of Its Severe Violator Enforcement Program to Target Additional Employers

​​​​​​​On September 15, 2022, the Occupational Safety and Health Administration (OSHA) published Directive Number CPL 02-00-169, a new instruction to its enforcement arm, updating policies and procedures for OSHA’s Severe...more

Sheppard Mullin Richter & Hampton LLP

New Year Means Newly Expanded Enforcement Authority for Cal/OSHA

In our annual California Legislative Update, we briefly explained that SB 606 expanded the enforcement authority of the California Division of Occupational Safety and Health (“Cal/OSHA”) in various ways. With the new law’s...more

Proskauer - Labor Relations Update

While Democrats Whittle Down Pro-Labor Provisions Of Social Spending Bill, Civil Penalties Remain

As we discussed here, members of the House Education and Labor Committee have been attempting to end-run the procedural hurdles that have prevented the Protect the Right to Organize Act (“PRO Act”) legislation from becoming...more

Proskauer - California Employment Law

California Jury Awards Employees $7.6 Million in Latest Gargantuan Wrongful Termination Verdict

A Los Angeles jury has ordered an apartment building owner and property management company to pay $7.6 million to two former live-in apartment managers who claimed to have been wrongfully terminated and discriminated against...more

TNG Consulting

Vocal Coach’s Concerns of Disparate Treatment Insufficient to Undo her Dismissal

TNG Consulting on

Warmington v. Board of Regents of the Univ. of Minnesota U.S. Dist. Ct., D. Minn. (April 21, 2020) - PROCEDURAL HISTORY:  Warmington, a highly accomplished and nationally recognized track and field coach, resigned in...more

Robinson+Cole Manufacturing Law Blog

OSHA Review Commission Issues Decisions on Machine-Guarding Violations

Manufacturing equipment can be dangerous. Hazards associated with manufacturing equipment can come in a variety of forms, such as pinch points, sparks, or flying debris. OSHA regulations require equipment with moving parts to...more

Ballard Spahr LLP

CFPB settles enforcement action against employment background screening company for alleged FCRA violations

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On November 22nd, the CFPB issued a press release announcing that a stipulated final judgment and order (Order) were filed in the U.S. District Court for the Southern District of New York against Sterling Infosystems, Inc....more

Akerman LLP - HR Defense

NLRB Clarifies Standard for Reviewing Workplace Polices, Finds Confidentiality and Media Contact Policies Lawful

Applying its new standard for determining whether employer policies violate the National Labor Relations Act (NLRA), a divided National Labor Relations Board (Board) upheld policies prohibiting employee disclosure of client...more

Bricker Graydon LLP

NLRB holds that misclassifying workers doesn’t violate NLRA

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The National Labor Relations Board (NLRB) recently issued a decision in employers’ favor by holding that misclassification of an employee as an independent contractor, by itself, does not violate the National Labor Relations...more

Littler

NLRB Issues Reprieve for Unionized Employers Seeking to Make Unilateral Changes

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Many employers loathe the prospect of unionization due to the potential of a union hampering such employer’s ability to make operational changes to adapt to business demands.  Many employers signatory to a collective...more

FordHarrison

NLRB Changes Course on Unilateral Employer Action Standard

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In a 3-1 decision, the National Labor Relations Board (NLRB or the Board) reversed long-held Board precedent regarding when unionized employers may unilaterally change a term or condition of employment without violating the...more

Seyfarth Shaw LLP

NLRB Adopts “Contract Coverage” Standard, Making it Easier for Employers to Make Unilateral Changes Under their Collective...

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Seyfarth Synopsis: On September 10, in a 3-1 decision, the NLRB in MV Transportation, Inc., 368 NLRB No. 66 (Sept. 10, 2019), adopted the “contract coverage” standard in replacement for its previous “clear and unmistakable...more

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

A GDPR Update for Employers, Part IV: Implementing Lessons Learned From GDPR Complaints and Enforcement Actions

Much has happened since the European Union (EU) General Data Protection Regulation (GDPR) went into effect on May 25, 2018. Many EU countries have enacted national legislation to implement and expand the requirements of the...more

Seyfarth Shaw LLP

Massachusetts Attorney General Is Checking Whether Employment Applications Contain Prohibited Criminal History Questions

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Seyfarth Synopsis: Massachusetts Attorney General steps up enforcement of Massachusetts “ban-the-box” law citing 19 businesses for asking impermissible questions about an applicant’s criminal history on an employment...more

Littler

OSHA Update: Court of Appeals Upholds Employer's Criminal Liability and Maximum Fine in Employee's Death

Littler on

On July 17, 2018, the U.S. Court of Appeals for the Eighth Circuit affirmed a verdict that had found an employer criminally liable for an employee's fatal fall. ...more

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