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

ERISA Plan Can't Shrink Deadlines Without Providing Notice, Says 3rd Circuit Court of Appeals

Fisher & Phillips LLP • August 28, 2015
The 3rd Circuit Court of Appeals just ruled that an ERISA plan can’t shorten the deadline for filing a legal action challenging a denial of benefits unless the participant receives written communication of the plan’s altered deadline. Mirza v. Insurance Administrator of America, Inc.

Reminder of Challenges Associated with Workplace Violence Prevention

Jackson Lewis P.C. • August 28, 2015
The August 26 shooting of two journalists by a former co-worker on live TV in Virginia is a stark reminder that a worker may become violent.

The on-air shootings at WDBJ-TV: When bad things happen to good employees

Constangy, Brooks, Smith & Prophete, LLP • August 28, 2015
What could WDBJ7-TV have done to prevent Wednesday morning’s tragic on-air murders? Unfortunately, probably not a thing.

OSHA Cites Newly Released Beryllium Proposal as Collaborative Effort

Jackson Lewis P.C. • August 28, 2015
In what the Occupational Safety and Health Administration described as a collaboration among government, industry, and organized labor, the safety agency has proposed a comprehensive rule to reduce exposure to beryllium among employees in general industry.

IRS Launches Early Interaction Initiative

XpertHR • August 28, 2015
The IRS has launched an Early Interaction Initiative, aimed at helping employers understand and meet their payroll tax responsibilities. The initiative, which is geared toward small businesses and the self-employed, may help reduce employment tax delinquencies, along with interest and penalties, which may accrue as a result of an employer missing required payments.

NLRB's "Joint Employer" Case Matters to Non-Union Employers, Too

Shaw Valenza LLP • August 28, 2015
As you may have read, the NLRB has changed its definition of what is a "joint employer" relationship. In the labor law context, this may come up, for example, when the Board decides what is an appropriate unit for bargaining or voting. Additionally, a joint employer may have to bargain alongside its co-employer about the employment conditions under its "joint" control. Joint employers also can be jointly liable for unfair labor practice decisions and more.

NLRB Imposes New "Indirect Control" Joint Employer Standard in Browning-Ferris

Littler Mendelson, P.C. • August 28, 2015
On August 27, 2015, the last day of Harry Johnson, III's term as a Board member, the National Labor Relations Board issued its long-awaited decision in Browning-Ferris Industries of California, Inc.1 The Board voted 3-2 to change its joint employer standard with Chairman Pearce, Member Hirozawa and Member McFerran representing the majority and Member Miscimarra and Member Johnson dissenting. The question before the Board was whether Browning-Ferris Industries (BFI) was a joint employer with Leadpoint, a staffing services company, in a union representation election covering Leadpoint's employees.2 The Board concluded that BFI and Leadpoint were joint employers under the representation petition filed by Teamsters Local 350. In finding that BFI was a joint employer with Leadpoint, the Board relied on BFI's indirect control and reserved contractual authority over essential terms and conditions of employment of the Leadpoint-supplied employees.

NLRB Starts Down The Slippery Slope With Controversial New Joint Employer Ruling

Fisher & Phillips LLP • August 28, 2015
In a 3-2 decision, the National Labor Relations Board (NLRB) announced yesterday a broad new standard for determining whether two businesses are “joint employers” for purposes of collective bargaining.

NLRB Finds Joint Employer Status Can Exist Merely Based on Indirect or Potential Control

Ogletree Deakins • August 28, 2015
Overturning decades of precedent, the National Labor Relations Board (NLRB), on August 27, 2015, issued its long-awaited decision in Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery, 362 NLRB No. 186 (August 27, 2015). The decision establishes a new standard for determining when two entities are a single “joint employer” over a group of workers.

Executive Labor Summary - August / September 2015

Constangy, Brooks, Smith & Prophete, LLP • August 27, 2015
Quickie elections seem here to stay, but Senate Republicans aren’t giving up