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Flesh Eating Bacteria Ate My Homework

Jackson Lewis P.C. • February 20, 2019
If you’re like most folks, you’ve been wondering “when am I going to see a story mentioning both flesh eating bacteria and reasonable accommodation.”

Sixth Circuit Rules that Moonlighting Police Officers are Employees, not Independent Contractors

Jackson Lewis P.C. • February 20, 2019
The Sixth Circuit Court of Appeals recently concluded that all officers of a private security and traffic control company were “employees,” rather than independent contractors under the Fair Labor Standards Act (“FLSA”). The case is Acosta v. Off Duty Police Services, Inc., Nos. 17-5995 and 17-6071 (6th Cir. Feb. 12, 2019).

Slow Immigration Processing Times Draw Criticism and Questions

Jackson Lewis P.C. • February 20, 2019
Immigration case processing times have dramatically increased in the last few years, impacting U.S. businesses and immigrant families, often causing gaps in work authorization and even loss of employment. In a January 2019 Policy Brief, AILA (American Immigration Lawyers Association) opined, on the basis of USCIS data, that the Agency’s processing delays had reached “crisis levels under the Trump Administration,” noting that:

OSHA Issues Enforcement Guidance for Crane Operator Certification Requirements

Jackson Lewis P.C. • February 20, 2019
On February 7, 2019 the Cranes and Derricks in Construction: Operator Qualifications final rule became effective, requiring employers using cranes in the construction industry to document their evaluation of their crane operators. That same day OSHA issued temporary enforcement guidance indicating that while it will still enforce the requirement that employers evaluate their operators before allowing them to operate cranes it is going to provide additional time for employers to begin to document the evaluations. According to the memorandum issued to all Regional Administrators and State Plan Designees,

DOL Releases Additional Guidance on Dual Jobs for Tipped Employees

Franczek Radelet P.C • February 20, 2019
On February 15, 2019, the U.S. Department of Labor issued Field Assistance Bulletin No. 2019-2, providing additional guidance for Wage and Hour Division staff regarding how to apply tip credit rules for employees who perform both tip-generating work (like taking orders and serving) and other duties. We provided an overview of the DOL’s position on the issue in an earlier post (“What Duties Can a Server Perform Under the Tip Credit Rules?“).

Workplace HR and Safety Lessons from Movies: “Untouchable”

Fisher Phillips • February 20, 2019
The first full documentary on the fall of film mogul Harvey Weinstein premiered at this year's Sundance Film Festival, and it can provide employers with an important reminder about the need to rid workplaces of sexual harassment and gender discrimination.

Plaintiffs’ Attorneys Already Lining Up To Weaponize Latest SCOTUS Ruling Against Gig Economy Companies

Fisher Phillips • February 20, 2019
After the Supreme Court ruled a few weeks ago that independent contractors working “in interstate commerce” were exempt from arbitration pacts due to a broad interpretation of the Federal Arbitration Act (New Prime v. Oliveira), I wrote a blog post about how labor law commentator Ross Runkel wondered whether gig business ride-share drivers and others would be able to extend that ruling in their favor and escape typical arbitration agreements.

The Preemption Power Struggle: Red States, Blue Cities Clash Over Workplace Laws

Littler Mendelson, P.C. • February 20, 2019
Bruce Sarchet, Corinn Jackson, and Eli Freedberg with Littler’s Workplace Policy Institute explore a recent trend pitting progressive city councils against more conservative state legislatures. They discuss the proliferation of local ordinances regulating workplace issues (such as “fair workweek” requirements) and the resistance from some state lawmakers to these municipal assertions of power. The WPI team surveys the various state preemption laws, which are used to preclude cities and counties from adopting and enforcing certain types of ordinances, and addresses how litigation can come into play in resolving these disputes.

Illinois Enacts Minimum Wage Hike To $15

Fisher Phillips • February 20, 2019
Illinois is set to drastically change its minimum wage in the near future, reaching $15 per hour over the course of the next six years. Following passage by the legislature on February 14, 2019, newly elected Governor J.B. Pritzker quickly signed the amendments to the Illinois Minimum Wage Law into law. You should be prepared for the gradual increases (and other changes) to start taking effect on January 1, 2020.

New York City Releases Enforcement Guidance on Race Discrimination on Basis of Hair

Jackson Lewis P.C. • February 20, 2019
Legal enforcement guidance on race discrimination on the basis of hair from the New York City Commission on Human Rights affirms that employer policies on appearance and grooming that ban, limit, or otherwise restrict natural hair or hairstyles may be unlawful under the New York City Human Rights Law (NYCHRL).
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