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ten most recent federal employment law articles Ten Most Recent Federal Articles

Toll Road Ahead: Fourth Circuit Rules Mixed-Fleet Interstate Truck Drivers May Be Entitled to Overtime Pay

Jackson Lewis P.C. • December 11, 2017
Despite the overtime exemption provided by the Motor Carrier Act, interstate trucking employers who operate “mixed fleets” – those with vehicles both over and under 10,000 pounds – may owe overtime pay to drivers of the smaller vehicles, the Fourth Circuit Court of Appeals recently ruled. Schilling v. Schmidt Baking Co., 2017 U.S. App. LEXIS 23257 (4th Cir. Nov. 17, 2017). The Fourth Circuit has jurisdiction over Maryland, North Carolina, South Carolina, Virginia and West Virginia.

Beltway Buzz, December 8, 2017

Ogletree Deakins • December 11, 2017
Another hectic week here in D.C. has us feeling like we’re living in a glass case of emotion. Here’s why:

8 For ‘18: 8 Things for Employers to Look For from OSHA and MSHA in 2018

Fisher Phillips • December 11, 2017
It’s that time of year again: for employers to celebrate the successes of the prior year and make plans and resolutions for the new one. But OSHA and MSHA are making New Year’s resolutions, too, and employers are well-advised to consider what actions these agencies may take in 2018 that could affect their businesses.

U.S. Supreme Court Allows Travel Ban to Go into Full Effect

Littler Mendelson, P.C. • December 11, 2017
On December 4, 2017 the U.S. Supreme Court stayed the restraining orders against President Trump’s travel ban.1 The stay means that the September 24, 2017 presidential proclamation restricting travel into the U.S. from eight countries has gone into full effect until a decision is rendered on pending appeals. That order barred citizens of Chad, Iran, Libya, Somalia, Syria, and Yemen who lack a “credible claim of a bona fide relationship with a person or entity in the United States” from entering the U.S. Oral arguments on the cases challenging the travel restriction were scheduled for December 6, 2017 in the U.S. Court of Appeals for the Ninth Circuit and December 8, 2017 in the Fourth Circuit.

DOL’s Tip of the Hat to Back-of-the-House Employees: New NPRM to Rescind 2011 Regs

Ogletree Deakins • December 11, 2017
In response to significant pressure from the hospitality industry—specifically, the restaurant industry—as well as increasing litigation and changes to reduce or eliminate the use of tip credits at the state level, the U.S. Department of Labor (DOL) published a notice of proposed rulemaking (NPRM) in the December 5, 2017, edition of the Federal Register, in which it proposes to rescind its 2011 regulations concerning tip pooling.

Explanation of the DOL's Proposed Rules on Tips

Franczek Radelet P.C • December 11, 2017
There’s been plenty of press this week regarding the U.S. Department of Labor’s proposed rules governing employer treatment of tips. Commentators are debating whether the proposed changes are a sensible return to the four corners of the Fair Labor Standards Act or a cash-grab for the restaurant industry at the expense of workers. We’ll leave the economic and political analysis to others, but we do think that it’s important for employers to understand exactly what the proposal is, and is not.

PHMSA Raises Random Drug Testing Rate to 50% for 2018

Jackson Lewis P.C. • December 11, 2017
The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration announced December 8, 2017 that during calendar year 2018, the minimum random drug testing rate will be increased to 50%.

Spokeo Strikes Again – Biometric Data Privacy Class Action Fails On Its Face (Scan)

Jackson Lewis P.C. • December 08, 2017
On November 21, 2017, the U.S. Court of Appeals for the Second Circuit held that a plaintiff bringing a putative class action under the Illinois Biometric Information Privacy Act (“BIPA”) could not establish an injury-in-fact and therefore lacked Article III standing, further adding to the legacy of the U.S. Supreme Court’s holding in Spokeo v. Robins and providing companies with additional firepower to fight against claims of bare procedural statutory violations of privacy statutes where individuals suffer no actual harm or risk of real harm.

NLRB’s New General Counsel Takes First Big Step In Pushing Forward His Agenda

Carothers DiSante & Freudenberger LLP • December 08, 2017
Many of us on the management side have been wondering and speculating as to what changes the new NLRB will be making now that Trump’s appointees have been confirmed. Unlike many other agencies, at the NLRB, its General Counsel has the primary authority to set policy because his/her office acts as the prosecutor for unfair labor practice changes and has broad discretion to determine what charges will be prosecuted.

New NLRB General Counsel Memo Sets Course to Reverse Obama-Era Rulings

XpertHR • December 08, 2017
A new memorandum from the National Labor Relations Board (NLRB) effectively prevents regional board officers from using discretion to pursue cases against employers based on Obama-era policies and rulings.