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Unions to Face Greater Scrutiny for Negligent Conduct to Their Members

Jackson Lewis P.C. • October 18, 2018
National Labor Relations Board’s field office staff have been directed to prosecute a broader array of cases against unions that engage in negligent behavior toward their members, according to an internal memorandum obtained by Bloomberg BNA.

What’s on OSHA’s Agenda...Fall 2018 Regulatory Agenda Released

Jackson Lewis P.C. • October 18, 2018
It’s that time of year again…when OSHA tells us what is on the horizon for rulemaking activity. Earlier this week the fall semiannual regulatory agenda for federal agencies was published. This Regulatory Agenda provides a complete list of all regulatory actions that are under active consideration for promulgation, proposal, or review and covers regulatory actions for over 60 federal departments, agencies, and commissions.

New Orleans Charter School Operator Ordered to Bargain with Union

Ogletree Deakins • October 18, 2018
The Fifth Circuit Court of Appeals recently held that a New Orleans charter school was not a “political subdivision” exempt from the National Labor Relations Act (NLRA). The NLRA does not apply to States and their political subdivisions. In this case, the charter school challenged the National Labor Relations Board’s (NLRB) finding that its operator, Voices for International Business and Education, Inc., was not a political subdivision of Louisiana and thus was not exempt from the NLRA. The

IRS Clarifies Role of Gross-Ups When Taxes Are Assessed on an Earlier Year’s Fringe Benefits

Ogletree Deakins • October 18, 2018
When the Internal Revenue Service (IRS) determines during an examination that a fringe benefit should have been taxed and the employer accordingly has to pay additional taxes in a later year, how is the subsequent payment treated for tax purposes? Recent IRS guidance on this issue serves to clarify when employers will need to “gross up” these payments for the employee.

Labor Department Could Provide Opinion On The Gig Economy

Fisher Phillips • October 18, 2018
Bloomberg Law’s Jaclyn Diaz wrote a very interesting story earlier this week asking whether the U.S. Department of Labor (USDOL) would soon issue an opinion letter to aid gig economy companies with commonplace labor and employment issues—namely, the ever-present threat of misclassification. Unfortunately, the story seems to indicate that such a letter is not on the horizon anytime soon, but it does describe the current atmosphere as one that could soon support such an opinion.

Dear Littler: Will Recent Equal Pay Legislation Affect Our Annual Comp Reviews?

Littler Mendelson, P.C. • October 18, 2018
Dear Littler: My employer is preparing for our annual review of staff compensation. My boss heard there have been a lot of changes in the law about equal pay that might affect our evaluations. He’s asked me to look into what new issues we might need to consider. What developments in employment law will be relevant as we set compensation for next year? We are primarily in New Jersey but operate in multiple states, if that makes a difference.

Joint Employment, Wage and Hour Changes are on the Regulatory Horizon

Littler Mendelson, P.C. • October 18, 2018
Employers will face fewer significant regulations in the coming year, according to the Trump administration's Unified Agenda of Regulatory and Deregulatory Actions ("regulatory agenda"). Released on October 17, 2018, the fall regulatory agenda outlines each agency's rulemaking efforts at any stage in the process—from requests for information to final regulations—and gives estimated timelines for completion. This regulatory to-do list provides insight into the administration's upcoming priorities.

Workplace Violence: How to Evaluate the Risks and Reduce the Potential Hazards

Jackson Lewis P.C. • October 18, 2018
Every year, nearly two million American workers report having been victims of workplace violence. Sadly, the actual number of cases is likely much higher — many cases go unreported.

National Labor Relations Board Finds Video Surveillance Of Workers’ Union Activity Violates NLRA

Brody and Associates, LLC • October 18, 2018
The National Labor Relations Board (NLRB) recently ruled that an employer’s video surveillance of its employees in the process of distributing Union materials and literature (and thereby breaking Company rules) was illegal under the National Labor Relations Act (NLRA). While normally this would be lawful, here the underlying policy was illegal and therefore all conduct involved in enforcing the rule was unlawful.

New California Law Aims to Increase PBM Disclosure and Transparency

Ogletree Deakins • October 18, 2018
Employers looking for greater transparency on prescription drug pricing and pharmacy benefit manager (PBM) services will soon have a powerful new tool from an unlikely source: California lawmakers.

Court Confirms Louisiana Anti-Discrimination Statute, Not Tort Law, Provides the Exclusive Basis for Employment Discrimination Claim

Ogletree Deakins • October 18, 2018
Plaintiffs have attempted a number of creative avenues to avoid the procedural and substantive limitations set forth under the Louisiana Employment Discrimination Law (LEDL), which provides a statutory scheme to address employment discrimination. The Fifth Circuit Court of Appeals recently foreclosed one of these avenues and concluded that the LEDL provides the exclusive statutory basis for an employment discrimination case under Louisiana law. The court also held that the plaintiff in that case failed to show that the employer’s justification for its failure to promote her was pretextual, underscoring the high burden for plaintiffs in failure-to-promote cases. Roberson-King v. Louisiana Workforce Commission, No. 17-30899 (September 17, 2018).

California Legislative Update: Here Are the New Employment-Related Laws for 2019

Carothers DiSante & Freudenberger LLP • October 18, 2018
On the last day for Governor Brown to sign or veto bills this legislative session, here is the list of key employment-related bills that have been signed into law, along with a list of bills that were vetoed. All new laws take effect January 1, 2019 unless noted.
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