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,
Flesh Eating Bacteria Ate My Homework
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.”
New York City Releases Enforcement Guidance on Race Discrimination on Basis of Hair
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).
The Status of the GDPR As the One-Year Mark Gets Closer
In honor of Data Privacy Day (Data Protection Day in Europe), the European Commission (“the Commission”) released a statement on the status of the EU’s General Data Protection Regulation (“GDPR”) which took effect on May 25, 2018. The joint statement by the Commission’s First Vice-President Timmermans, Vice-President Ansip, Commissioners Jourová and Gabriel stressed the importance of the GDPR in light of recent large-scale data breaches, and the positive effect the law has had in raising awareness on data protection and rights available to citizens.
Premium Processing Resumes for H-1B Petitions Filed Prior to December 21, 2018
USCIS announced on Friday, February 15,, 2019, that it will resume premium processing on Tuesday, February 19, 2019 for H-1B petitions filed prior to December 21, 2018. This follows up on the USCIS announcement at the end of January that it would resume premium processing for cap-subject petitions that were filed on or about April 1, 2018.
Federal Paycheck Fairness Act Reintroduction in House and Senate
First introduced in Congress in 1997, and several times since, the Paycheck Fairness Act is again under consideration by Congress (S. 270/H.R. 7).
Labor Board Returns to Pre-2014 Test for Determining if Individual Is an Independent Contractor
The National Labor Relations Board (NLRB) has held that in deciding whether an individual is an independent contractor or an employee, it will return to focusing on the extent to which the arrangement between the ostensible employer and the alleged employee provided an “entrepreneurial opportunity” to the individual, overruling a 2014 Board decision. SuperShuttle DFW, Inc., 367 NLRB No. 75 (Jan. 25, 2019).
U.S. Senator Reignites Federal Non-Compete Reform Efforts With Bill Aimed At Protecting Low-Wage Employees
Last year, Democrats in the United States Senate and House of Representatives introduced bills — S.2782 and H.R.5631 — banning non-compete agreements in the vast majority of workplaces across the country.
Ninth Circuit Re-affirms Fair Credit Reporting Act’s Strict Disclosure Standards
A disclosure form that included other, state-mandated disclosure information violated the Fair Credit Reporting Act’s (FCRA) standalone document requirement, the Ninth Circuit held. Gilberg v. Cal. Check Cashing Stores, LLC, No. 17-16263 (9th Cir. Jan. 29, 2019). In doing so, the Ninth Circuit relied on Syed v. M-I, LLC, 853 F.3d 492 (9th Cir. 2017), where the Court held the plain language of the FCRA requires that the disclosure be “in a document that consists solely of the disclosure,” and that a disclosure form which included a liability waiver in the same document violated the “standalone document requirement.”
Top Five Labor Law Developments for January 2019
The National Labor Relations Board (NLRB) reinstated its pre-2014 standard for determining whether an individual is an independent contractor or an employee. SuperShuttle DFW, Inc., 367 NLRB No. 75 (Jan. 25, 2019). The NLRB determined that the employer’s shuttle van drivers were not employees, but independent contractors.
Through the Veil: OFCCP’s Transparency Results in Even Minor Contractor Violations Being Published by the Agency
Recently, the Office of Federal Contract Compliance Programs (OFCCP) began posting in its Freedom of Information Act (FOIA) Library links to conciliation agreements between the agency and federal contractors that contain only material technical violations. Until now, the only conciliation agreements posted in OFCCP’s FOIA library have been those in which OFCCP has identified material discrimination violations.
Unsettled Waters at the Accommodation of Last Resort
In 2019, we are poised to learn where the Fourth Circuit stands on reassignment as an accommodation—an issue that has split the Circuits.
Rumors and Gossip in Workplace Can Create Employer Liability for Harassment, Fourth Circuit Holds
Employers may be liable under Title VII of the Civil Rights Act for failing to effectively address and stop gossip and rumors of an alleged sexual relationship between a female employee and a male supervisor, the federal appeals court in Richmond has held. Parker v. Reema Consulting Servs., No. 18-1206 (4th Cir. Feb. 8, 2019).
Former Winery Employees Awarded $11 million
Plaintiffs Megan Meadowcroft and Amanda Brown, two winery employees, alleged that they had been harassed on numerous occasions by their supervisor, General Manager Pinero. Specifically, Brown alleged that Pinero attempted to flirt with her, and physically made contact with her. Meadowcroft alleged that Pinero made sexually explicit gestures, sexually explicit comments, put his hands on her waist and under her buttocks as she was serving customers, and on at least one occasion told her that she could be a manager if she would have sex with him. Along with a claim of harassment, they filed claims of retaliation, failure to prevent harassment/retaliation, and negligent supervision, retention, and hiring.
South Carolina Court of Appeals Weighs in on South Carolina’s Political Opinions Statute, Approves Discharge of Employee for Excessive Personal Use of Company Phone and Laptop
In Owens v. Crabtree, Opinion No. 5616 (January 16, 2019), the South Carolina Court of Appeals held that a company’s termination of an employee for using company devices, on company time, to oppose a local building project that the company had a financial stake in was valid and did not violate public policy. The holding (1) illustrates the benefits of a written company policy regarding the use (including personal use) of company devices/technology and (2) provides an example of a valid termination that did not violate South Carolina public policy.