Back in October of 2019, the U.S. Supreme Court was petitioned to review a Ninth Circuit ruling regarding the Telephone Consumer Privacy Act (“TCPA”) on the following issues: 1) whether the TCPA’s prohibition on calls made by an automatic telephone dialing system (“ATDS”) is an unconstitutional restriction of speech, and
Archives for July 21, 2020
AFL-CIO Seeks to Stop Implementation of NLRB Blocking Charge, Other Rule Changes
The AFL-CIO has sued the National Labor Relations Board (NLRB) to stop implementation of changes to NLRB representation case procedures involving its blocking charge policy, the voluntary recognition bar doctrine, and its rule regarding National Labor Relations Act (NLRA) Section 9(a) recognition in the construction industry.
Who is Filing Coronavirus-Related OSHA Complaints?
The U.S. Department of Labor’s federally and state-administered Occupational Safety and Health Administration (“OSHA”) programs across the country receive complaints every day related to COVID-19. OSHA tracks all valid complaints and referrals received since February 1, 2020, with the N-16-COVID-19 additional code, and reports the data daily online at https://www.osha.gov/enforcement/covid-19-data.
Darra James Coleman on COVID Related OSHA Complaints
COVID-19 related complaints filed with OSHA are on the rise. Nexsen Pruet health care attorney Darra James Coleman offers guidance on what you need to know when facing an OSHA investigation in the video below.
The US Supreme Court Weighs In on Discrimination Involving Employees of Religious Institutions and Employers with Sincerely Held Religious Beliefs
Last week, the US Supreme Court issued two rulings that affect a limited class of employers facing claims of discrimination.
OSHA Issues COVID-19 Guidance for the Oil and Gas Industry
On July 7, 2020, the federal Occupational Safety and Health Administration (OSHA) issued COVID-19 control and prevention guidance for oil and gas industry workers and employers. The guidance supplements OSHA’s interim guidance for the general workforce.
IRS Issues Instructions on Reporting Emergency Paid Leave Wages
On July 8, 2020, the Internal Revenue Service (IRS) released guidance for employers on reporting qualifying wages paid to employees under the Emergency Paid Sick Leave Act (EPSLA) and Emergency Family and Medical Leave Expansion Act (EFMLEA). Both laws are part of the “phase one” coronavirus legislation, the Families First
Canada’s Safe Restart Program Will Provide Workers 10 Job-protected Paid Sick Days Related to COVID-19
On July 16, 2020, Prime Minister Trudeau announced a federal investment of more than $19 billion that will provide support to Canadians through the Safe Restart Agreement. The purpose of the investment is to help Canada’s provinces and territories safely restart their economies and become more resilient to future
EU’s Highest Court Upends Personal Data Transfers to the United States: Action Steps for U.S. Multinational Employers to Keep HR Data Transfers on Track
The Court of Justice of the European Union (“CJEU”), on July 16, 2020, invalidated the European Union-U.S. Privacy Shield Framework (“Privacy Shield”), which more than 5,300 U.S. organizations had relied on to lawfully transfer personal data from the European Union (“EU”) to the United States.1 While the same decision upheld
I-9 Compliance Flexibility Extended to August 19, 2020
The Department of Homeland Security (DHS) has extended its flexibility regarding the physical presence requirements for I-9 inspection for another 30 days, until August 19, due to the ongoing precautions related to the COVID-19 pandemic.
Eligible employers may continue to inspect Section 2 documents remotely (e.g., over video link, fax,