Perspectives on Labor, Employment & OSHA

Partner Derek Barella was quoted on the U.S. Supreme Court’s case New Prime v. Oliveira regarding transportation industry independent contractors and whether those workers must submit their disputes to arbitration or are considered exempt under Section 1 of the Federal Arbitration Act.

Los Angeles Partner Mark Phillips recently talked with Law360 in their article “9th Circ. Truckers Ruling Drives Home Limits Of Preemption.”

The National Labor Relations Board (NLRB or Board) published a Notice of Proposed Rulemaking in the Federal Register on September 14, 2018 regarding its controversial joint-employer standard. 

Schiff Hardin LLP announced today that Derek G. Barella has joined the firm as a partner in the Labor and Employment Practice Group in the Chicago office.

As of September 6, 2018, all New York City employers are required to provide new hires with a fact sheet about the Stop Sexual Harassment Act.

On August 27th, New York State published a model training, model policy, and model complaint form on sexual harassment in the workplace that applies to all employers, regardless of size.

On June 6, 2018, NLRB General Counsel Peter Robb issued Memo 18-04 offering helpful guidance on employee handbooks after the Board’s decision in The Boeing Company, 365 NLRB No. 154 (Dec. 14, 2017).

Forty Arent Fox LLP attorneys have been rated as leaders in their profession by The Best Lawyers in America 2019.

On July 9, California Governor Jerry Brown signed Assembly Bill 2770 into law, which seeks to protect victims of sexual harassment who complain to their employers from defamation claims by the alleged harasser.

In March 2016, the US Department of Labor issued its “Persuader Rule,” reversing a decades-old interpretation of the Labor Management Reporting and Disclosure Act : Under the old interpretation, personal interactions with employees done by employer consultants trigger reporting obligations.

Nurses, home health aides, personal care attendants, and other home healthcare providers have enabled countless clients to remain in their homes and avoid institutionalization.

Immigration officials have been dramatically increasing inspections in California in 2018 at workplaces ranging in size from small convenience stores to large agricultural operations.

On June 19, 2018, voters in Washington, DC approved Initiative 77 by a vote of 55.14 percent to 44.86 percent.

In the wake of the “Me Too” movement and following a trend of recent legislation, on May 15, 2018, Maryland Governor Larry Hogan (R) approved the Disclosing Sexual Harassment in the Workplace Act of 2018. The Act becomes effective on October 1, 2018.

On May 24, New York Partner Tope Yusuf spoke with Thomson Reuters as part of the Next Gen Leadership: Advancing Lawyers of Color initiative.

On May 21, 2018, the United States Supreme Court clarified that class action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act, as set forth in the decision of three consolidated cases.

In the blink of an eye, the California Supreme Court has abandoned decades-old precedent in favor of a new “ABC Test,” which broadens the definition of employees in the employee-versus-independent contractor analysis.

Chambers USA: America’s Leading Lawyers for Business has recognized 30 Arent Fox LLP attorneys as leaders in their field.

Between December 2017 and April 2018, the New York City Council, New York State Assembly, and federal lawmakers have instituted several new requirements with regards to workplace sexual harassment.

On April 9, 2018, the US Circuit Court of Appeals for the Ninth Circuit held, in an en banc decision, that employers cannot rely on an employee’s past salary to justify disparities in compensation between men and women.

Importers of known industries where North Korean forced labor is used, such as footwear, textiles, seafood, mining, pharmaceuticals, and logging, must exert caution or be prepared to face the consequences.

The US Department of Labor (DOL) Wage & Hour Division (WHD) recently issued an opinion letter, FLSA2018-18 with guidance concerning its obligation to compensate employee travel-time under the Fair Labor Standards Act.

For the past several years, plaintiffs’ lawyers have been targeting businesses’ ecommerce websites with claims that they deny individuals with disabilities equal access to goods and services, in violation of Title III of the Americans with Disabilities Act (ADA).

The Ninth Circuit U.S. Court of Appeals held Monday, on the eve of National Equal Pay Day, that it violates the Equal Pay Act to use pay history to justify wage gaps between male and female employees for the same or substantially similar work.

The Supreme Court of Virginia reversed a lower court decision in December 2017, finding that false reps and warranties leading into an acquisition is fraud.