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Three’s Company: OSHRC’s Third Panel Seat to Be Filled Soon

Ogletree Deakins • October 17, 2019
On October 15, 2019, President Donald Trump announced his intent to nominate Cynthia L. Attwood to serve as a commissioner on the Occupational Safety and Health Review Commission (OSHRC). If confirmed by the Senate, this would be her third appointment to the Review Commission, and she would, coincidentally, fill the third seat on the three-commissioner panel.

Department of Justice Guidance on Companies’ Claim of Inability to Pay Criminal Fines

Jackson Lewis P.C. • October 17, 2019
The Department of Justice Criminal Division has clarified its policy on the Department’s assessment of a company’s claim that it cannot afford to pay a criminal fine in a memorandum issued on October 8, 2019. Criminal Division department head Brian Benczkowski had previewed the memorandum during a speech in September.

Gig Employer Blog Court Uses 8-Factor Test To Hand Gig Businesses Victory In Next Round In New Prime Arbitration Battle

Fisher Phillips • October 17, 2019
A Massachusetts federal court just ruled that gig workers cannot escape arbitration provisions by claiming they are exempt transportation workers. The September 30 decision in Austin v. DoorDash marks the second win for gig businesses following a troubling Supreme Court ruling in January 2019 that opened the door to a possible arbitration exemption. However, there remain other federal courts that have ruled for workers on this issue, and the Massachusetts court even indicated there could have been worker victory had the fact pattern been slightly different, so companies are not out of the woods on this issue by a long shot.

San Antonio City Council Approves Changes to Paid Sick Leave Ordinance

Ogletree Deakins • October 17, 2019
In response to a lawsuit filed by a number of San Antonio business groups, the San Antonio City Council approved certain revisions to the city’s paid sick leave (PSL) ordinance, including renaming it the Sick and Safe Leave (SSL) ordinance. The SSL ordinance is scheduled to become effective on December 1, 2019.

Supreme Court’s Decision Not To Review California’s Arbitration Framework Means We Have A Roadmap For Compliance

Fisher Phillips • October 17, 2019
The U.S. Supreme Court just did something that was more than just a bit out of character—it rejected the opportunity to find that California had once again overstepped its bounds by creating judicial rules disfavoring arbitration. It did so by rejecting the highly watched petition for certiorari that arose from Ramos v. Winston & Strawn. The October 7 determination not to take up the case for review means that we will have to live with the current state of affairs for the time being, but we now have a solid game plan for crafting arbitration agreements that comply with state law.

California AB 51 Bans Mandatory Employment Arbitration Agreements

Littler Mendelson, P.C. • October 17, 2019
On October 13, 2019, California Governor Gavin Newsom signed Assembly Bill (AB) 51 into law, banning most employment arbitration agreements in California starting January 1, 2020. This new law is expansive in scope but short on certainty, as it raises several questions and will likely face legal challenges.

Pennsylvania Moves One Step Closer to Substantially Increasing White Collar Exemption Salary Threshold

Littler Mendelson, P.C. • October 17, 2019
In June 2018 the Pennsylvania Department of Labor and Industry (DLI) issued a proposed rule to substantially increase the salary threshold to qualify as an exempt Executive, Administrative and Professional (EAP) employee under the Pennsylvania Minimum Wage Act (PMWA), and invited public comment. On October 17, 2019, DLI submitted its final regulation to the state’s Independent Regulatory Review Commission (IRRC) and legislative oversight committees. IRRC will hold a public meeting on November 21, 2019 to decide whether to approve the final regulation. If it is approved, the final regulation would increase the EAP salary threshold under Pennsylvania law to:
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