National Labor Relations Board’s field office staff have been directed to prosecute a broader array of cases against unions that engage in negligent behavior toward their members, according to an internal memorandum obtained by Bloomberg BNA.
Articles on U.S. Labor, Employment, Benefits & Immigration Law
What’s on OSHA’s Agenda…Fall 2018 Regulatory Agenda Released
It’s that time of year again…when OSHA tells us what is on the horizon for rulemaking activity. Earlier this week the fall semiannual regulatory agenda for federal agencies was published. This Regulatory Agenda provides a complete list of all regulatory actions that are under active consideration for promulgation, proposal, or review and covers regulatory actions for over 60 federal departments, agencies, and commissions.
Dear Littler: Will Recent Equal Pay Legislation Affect Our Annual Comp Reviews?
Dear Littler: My employer is preparing for our annual review of staff compensation. My boss heard there have been a lot of changes in the law about equal pay that might affect our evaluations. He’s asked me to look into what new issues we might need to consider. What developments in employment law will be relevant as we set compensation for next year? We are primarily in New Jersey but operate in multiple states, if that makes a difference.
New OSHA Guidance: Certain Safety Incentive Programs, Post-Accident Drug Tests Permissible
Most safety incentive programs and post-incident drug testing policies will not be considered retaliatory and unlawful under a new Standard Interpretation from the Occupational Safety and Health Administration (OSHA).
OFCCP Issues Flurry of New Directives for Contractors
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:
Plaintiff Lacks Standing to Claim Website Violates ADA Where It Does Not Impede Ability to Access Physical Location of the Business
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).
Political Speech in the Workplace: Is it Possible to Maintain Civility?
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.
11th Circuit Deals Blow to OSHA’s Inspection Authority
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.
Florida Jury Awards Former University Registrar $310,500 In Retaliation Suit
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.
OSHA Clarifies Its Position On Post-Accident Drug Testing; States That “Most Instances of Workplace Drug Testing Are Permissible”
In a memorandum to Regional Administrators dated October 11, 2018, OSHA clarified the agency’s position as to whether certain types of drug testing would be considered violations of 29 C.F.R. §1904.35(b)(1)(iv). That regulation prohibits employers from discharging or discriminating against an employee for reporting a work-related injury or illness.
“Doc, mind if I record this?” – Recording Visits Between Patients and Medical Providers
In today’s world, people are accustomed to accessing endless information with their mobile phone. Accessibility to their own conversations regarding their health may not be any different. What happens when a patient wants to use this technology to preserve his or her access to medical information by recording their medical appointment? A recent study by the Dartmouth Institute for Health Policy and Clinical Practice examined patient recordings of clinical encounters and found they are becoming more common. However, like many trends related to advances in technology, such recordings present an array of complex legal issues.
Employers Brace for Hurricane Michael and Its Aftermath
This hurricane season has been chaos for those along the East Coast. Less than a month after Hurricane Florence rampaged through the Carolinas, Hurricane Michael—a category 4 storm—has made landfall in Florida, and is headed toward Alabama and Georgia.1 All states in the direct path of Michael have declared a state of emergency in response to the hurricane and recommend their citizens prepare for the worst. After the hurricane strikes, employers in Alabama, Florida, and Georgia will be faced with some important considerations.
Airline Industry Alert: FAA Enacts Prompt Settlement Policy for Pilots Who are First-Time Violators of Drug and Alcohol Testing Regulations
Executive Summary: On October 1, 2018, a new Federal Aviation Administration (FAA) policy went into effect that allows commercial pilots who are first-time violators of certain drug and alcohol testing provisions the opportunity for prompt settlement with the FAA.
Top Labor Law Developments for August and September 2018
President Donald Trump nominated Mark Gaston Pearce for a third term on the National Labor Relations Board (NLRB) on August 28. Pearce’s nomination came despite widespread criticism from Republicans and business groups who viewed Pearce as having taken an anti-business approach on many issues before the Board.
Increased Unannounced Site Visits from USCIS Fraud Detection Arm
Historically, the U.S. Department of Labor’s Wage and Hour Division has been the primary auditor of companies using H-2B visa to hire temporary, seasonal workers. But amid debates over the cap on H-2B visas and an expressed need for more H-2B workers the USCIS’ Fraud Detection and National Security unit (FDNS) is getting into the mix and conducting unannounced site visits.