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EEOC Releases Draft Strategic Plans for FY 2018-2022

XpertHR • December 15, 2017
The Equal Employment Opportunity Commission (EEOC) will focus on aligning its resources to improve discrimination prevention and public education about the discrimination laws, according to a draft of its Strategic Plan for Fiscal Years 2018-2022. The strategic plan is open for public comment until January 8, 2018.

Guide for Individuals Traveling Outside of U.S. During Holiday Season

Jackson Lewis P.C. • December 15, 2017
Extreme vetting, strict scrutiny, travel warnings, and the latest travel ban have made travel abroad more worrisome than ever this holiday season.

NLRB Overrules Browning-Ferris Joint Employer Standard, Reinstates Former Test

Jackson Lewis P.C. • December 15, 2017
The National Labor Relations Board has overruled, 3-2, Browning-Ferris Industries, 362 NLRB No. 186 (2015) and returned to the pre–Browning Ferris standard that governed joint-employer liability. Hy-Brand Industrial Contractors Ltd., 365 No. 156 (December 14, 2017).

New Sheriff(s) In Town: The NLRB Issues New Test For Workplace Rules

Fisher Phillips • December 15, 2017
The National Labor Relations Board just relieved employers of a great deal of uncertainty surrounding seemingly innocuous workplace rules and handbooks. The newly constituted NLRB issued its first round of significant decisions this week, taking square-aim at controversial doctrines developed during the past eight years. One target in its sights: the Board’s interpretation of Lutheran Heritage, the seminal 2004 decision involving workplace civility rules.

Labor Board Overrules Unworkable Joint-Employer Test

Fisher Phillips • December 15, 2017
The newly constituted National Labor Relations Board announced that a troublesome joint-employer test adopted in 2015 would be immediately scrapped, instead reaffirming its prior reasonable standard for determining joint-employer status. Starting at once, the Board will follow the traditional common law principles requiring a finding of direct and immediate control in order to find that two entities are joint employers.

New NLRB General Counsel Signals Policy Shift

Nexsen Pruet • December 15, 2017
Peter Robb, the newly appointed general counsel for the National Labor Relations Board (NLRB), issued a memorandum on December 1, 2017 that suggests he may revisit some of the NLRB’s policy decisions rendered under the Obama administration. A few areas of interest in his relatively brief memorandum are highlighted below.

Department of Labor Moves One Step Closer to Allowing Employers More Flexibility in Their Tip Pooling Practices

Nexsen Pruet • December 15, 2017
The U.S. Department of Labor (DOL) published a notice of proposed rulemaking (NPRM) in the December 5, 2017 edition of the Federal Register, with a proposal to rescind its 2011 regulations on tip pooling. The NPRM appears to be, at least in part, a response to efforts by the hospitality industry – particularly the restaurant industry – to press for change to the strict rules on tip sharing.

NLRB Overturns Precedent on Employer Work Rules

Carothers DiSante & Freudenberger LLP • December 15, 2017
Earlier today, the Trump NLRB, in a 3-2 decision, issued its most significant decision yet. The Board overturned prior Board precedent established in Lutheran Heritage, 343 NLRB 646 (2004) regarding work rules and potential interference with section 7 rights. The Trump NLRB reached its decision in Boeing Co. and Society of Prof. Eng. Employees Local 2001, establishing a new standard while noting, “Paradoxically, Lutheran Heritage is too simplistic at the same time it is too difficult to apply . . . produc[ing] rampant confusion for employers.”

California Wildfires Spark Cal/OSHA Advisory Notice

Ogletree Deakins • December 15, 2017
The California Division of Occupational Safety and Health (Cal/OSHA) recently posted an advisory notice regarding the wildfires that have been afflicting Southern California.

Cal/OSHA Increases Citations on Adequacy of Employers’ First Aid Kits

Ogletree Deakins • December 15, 2017
California employers have recently seen an increase in the number of citations issued by the California Division of Occupational Safety and Health (Cal/OSHA) for violations of a General Industry Safety Order requiring that employers’ first aid materials be approved by a consulting physician. Specifically, California Code of Regulations, Title 8, Section 3400 (c) states, in pertinent part, “There shall be adequate first-aid materials, approved by the consulting physician, readily available for employees on every job.” (Emphasis added.)
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