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U.S. Department of Labor’s Investigation of Arizona Hospital Highlights Need for Awareness of Workplace Lactation Accommodation Laws and Policies

Jackson Lewis P.C. • December 18, 2018
As the result of an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), a hospital in Arizona was recently ordered to comply with the Fair Labor Standards Act (FLSA) requirement that employers must provide nursing mothers adequate time and space to express breast milk. The WHD announced on December 11 that it entered into a compliance agreement with Yuma Regional Medical Center requiring the employer to provide training to all supervisors, and to provide all employees returning from maternity leave with information about their right to express milk in the workplace. The investigation revealed that the hospital previously denied requests for breaks from nursing employees and failed to provide a private location in which to express breast milk in violation of the FLSA.

A 2019 L&E Forecast for In-House Counsel, Part I: A Workplace Safety Issue on the Horizon

Ogletree Deakins • December 18, 2018
In 2019, general counsels can expect the debate to rage on over the Occupational Safety and Health Administration’s (OSHA) proposal to rescind the requirement that large employers electronically submit information from OSHA Forms 300 and 301, which contain individual employees’ private medical history data. The agency introduced this proposal at the end of July 2018, and the comment period closed on September 28, 2018, with more than 1,800 comments submitted.

PODCAST: The Gig Economy Hits Temporary Staffing: What are the Legal Considerations?

Ogletree Deakins • December 18, 2018
New temporary staffing apps like Tilr and Shiftgig match workers with jobs in the same way that popular ridesharing apps match passengers with drivers.

What Duties Can A Server Perform Under the Tip Credit Rules? [Wage & Hour FAQ]

Franczek Radelet P.C • December 18, 2018
Q. We use the tip credit for servers who work in our restaurant. When service is slow, we ask our servers to pitch in with other jobs around the restaurant, like sweeping up the dining room and cleaning the restroom. Can we still take the tip credit for time that our servers spend working on these tasks?

Massive Changes To H-1B System Proposed For 2019

Fisher Phillips • December 18, 2018
The Department of Homeland Security (DHS) recently proposed a new rule that could dramatically change the way the H-1B application process works. The rule would establish an electronic pre-registration system and run the annual lottery based on the pre-registrations rather than requiring employers to file entire H-1B applications. The DHS is also considering changing the way it conducts the lottery to improve the odds of those with graduate degrees from U.S. universities. While U.S. Citizenship and Immigration Services (USCIS) is providing 30 days for public comment, the agency is attempting to fast-track the process to have the system in place for the upcoming H-1B application period, which is set to begin in April 2019.

Autonomous Trucks are Coming to Mining Operations:What are the Safety Implications?

Fisher Phillips • December 18, 2018
Most of the media attention paid to autonomous vehicles relates to the capabilities of passenger vehicles. But other companies are moving ahead with producing autonomous vehicles for use in commercial settings, such as the mining industry.

NLRB Update: Board Issues New Strategic Plan, Extends Joint-Employer Rule Comment Deadline, and Announces NLRB Solicitor Appointment

Littler Mendelson, P.C. • December 18, 2018
The National Labor Relations Board recently issued a new Strategic Plan for Fiscal Years 2019 through 2022, extended until January 14, 2019 the comment period on its proposed joint-employer rule, and announced the appointment of Fred B. Jacob as NLRB Solicitor.

The Incredible Shrinking Woman’s Earnings: The Gap is Bigger Than We Thought!

Littler Mendelson, P.C. • December 18, 2018
A newly-released study by the Institute for Women’s Policy Research (IWPR) states that the gender wage gap is more dismal than we thought. For every dollar earned by a man in a 15-year period, the study says, the average woman only makes 49 cents – and not 80 cents.

Successful Defense of Client in Workers’ Compensation Case Brings Dismissal of Claim on Basis of Jurisdiction

Goldberg Segalla LLP • December 18, 2018
It started in June 2018 with a hotel bellman’s claiming in court that he had injured his abdomen, back, and shoulder while picking up luggage and ended in September 2018 with our attorneys’ convincing a judge to dismiss the man’s workers’ compensation claim.

New York City Enacts Mandatory Minimum Wage for App-Hail Drivers

FordHarrison LLP • December 18, 2018
Executive Summary: On December 4, 2018, the New York City Taxi and Limousine Commission (TLC) adopted rules mandating a minimum wage for app-hailed drivers. According to the TLC, approximately 80,000 affected drivers stand to earn an average of $10,000 more per year. FordHarrison recently wrote about the New York City Council’s (“the Council”) adoption of a suite of regulations targeting the app-hail industry: https://www.fordharrison.com/new-york-city-considering-mandatory-minimum-wage-for-app-hail-drivers.
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