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11th Circuit Deals Blow to OSHA’s Inspection Authority

Jackson Lewis P.C. • October 15, 2018
Last week the U.S. Court of Appeals for the Eleventh Circuit affirmed a lower court’s order quashing an administrative warrant for the inspection of a poultry processing plant. USA v. Mar-Jac Poultry, Inc., No. 16-17745 (11th Cir. 2018). In February 2016, an employee of Mar-Jac Poultry, Inc. (“Mar-Jac”) was injured while repairing an electrical panel requiring the employee to be hospitalized. Pursuant to Section 1904.39, Mar-Jac reported the hospitalization to OSHA.

Plaintiff Lacks Standing to Claim Website Violates ADA Where It Does Not Impede Ability to Access Physical Location of the Business

Jackson Lewis P.C. • October 15, 2018
With the rise in lawsuits under Title III of the ADA regarding accessibility of websites, Courts have been framing how such claims fit into the law’s requirements for accessibility at places of public accommodation. The U.S. District Court for the Southern District of Florida recently provided additional clarification in Gomez v. Knife Management, LLC (S.D. Fla. Sep. 14, 2018).

The Practical NLRB Advisor: Fall 2018

Ogletree Deakins • October 15, 2018
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the fall 2018 issue of the Practical NLRB Advisor. This issue examines the Supreme Court’s decision in Epic Systems Corp. v. Lewis, which is destined to have a profound impact on the labor movement and on labor-management relations.

#MeToo: The Tweet Heard ’Round the World One Year Later

Ogletree Deakins • October 15, 2018
One year ago today, 10 days after the Harvey Weinstein story broke, Alyssa Milano tweeted: “If you’ve been sexually harassed or assaulted write ‘me too’ as a reply to this tweet.”

PODCAST: #MeToo One Year Later: An Update for Employers

Ogletree Deakins • October 15, 2018
Join Milwaukee attorneys Sarah Platt and Christine Bestor Townsend as they discuss how things have changed for employers in the era of #MeToo.

Political Speech in the Workplace: Is it Possible to Maintain Civility?

Littler Mendelson, P.C. • October 15, 2018
In the days leading up to the confirmation vote on Supreme Court Justice Kavanaugh, more than half of Americans said they had engaged in political discussions in the workplace about his confirmation battle, a recent online poll reported. The good news is more than three quarters of those conversations were characterized by participants as “civil” discussions. The not-so-good news is how many workplace conversations about his confirmation resulted in conflict, argument, or tears.

OFCCP Issues Flurry of New Directives for Contractors

FordHarrison LLP • October 15, 2018
Executive Summary: Over the last two months, the Department of Labor’s (DOL) Office of Federal Contract and Compliance Programs (OFCCP) issued seven new directives under the OFCCP’s Acting Director and Deputy Director, Craig Leen. The following is a brief overview of the most important directives:

Florida Jury Awards Former University Registrar $310,500 In Retaliation Suit

Jackson Lewis P.C. • October 15, 2018
A jury recently returned a $310,500 verdict in favor of a former University of South Florida employee on her retaliation claim against the University. DeBose v. USF Board of Trustees, et al, No. 8:15-cv-02787 (M.D. Fla. Sept. 26, 2018). The former employee, Angela DeBose, claimed she was retaliated against because she had filed internal race bias complaints with the University and a U.S. Equal Employment Opportunity Commission charge of discrimination.

“Need To Know Basis” – A Good Rule Of Thumb Under The ADA

Brody and Associates, LLC • October 15, 2018
Under the Americans with Disabilities Act (“ADA”), employers have certain obligations regarding the non-disclosure of employee medical information and disabilities. For instance, under the ADA, information an employer obtains regarding an employee’s medical condition must be collected on separate forms, kept in medical files, and treated as a confidential medical record. In fact, it should be kept entirely separate from the rest of the personnel file.

Kentucky Supreme Court Bans Mandatory Arbitration as Condition of Employment

XpertHR • October 15, 2018
A landmark decision from the Kentucky Supreme Court bans employers from requiring job applicants or employees to sign a mandatory arbitration agreement as a condition of their employment. In Northern Kentucky Area Development District v. Snyder, the court held that state law prevents conditioning employment on an employee's agreement to waive any existing or future claim to which he or she would otherwise be entitled.

NJ Employers Are One Step Closer To Mandatory Paid Sick Leave

Fisher Phillips • October 15, 2018
n just a few short weeks, New Jersey employers will be required to comply with the state’s new Paid Sick Leave Act. Once October 29 is upon us, New Jersey employers of all sizes will need to provide up to 40 hours of paid sick leave per year to covered employees. In advance of the impending effective date, the state Department of Labor and Workforce Development (DOL) has just published both a mandatory workplace poster and a set of sweeping regulations covering the new law—and you’ll want to familiarize yourself with both.

New York City Bill to Give Commercial Tenants More Power Over Lease Renewals Will Get Hearing

Jackson Lewis P.C. • October 15, 2018
A bill to amend New York City law to establish conditions and requirements for commercial lease renewals with the aim of preserving small businesses will have its first hearing in the City Council since 2009 on October 22, 2018.
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