Perspectives on Labor, Employment & OSHA

Complex Litigation partner, Linda Jackson, was interviewed for an article titled, “OFCCP Awarded Access to Some Personal Contact Information at Google.”

Employers with employees working pursuant to employment authorization under the Deferred Action for Childhood Arrivals program will likely have their workforce impacted by the termination of DACA.

Forty-two Arent Fox LLP attorneys have been rated as leaders in their profession by The Best Lawyers in America 2018.

When crafting employment agreements, employers should consider all relevant factors. The superior court’s decision is a cautionary tale for non-competes.

Following the lead of other states and cities, on July 19, 2017, San Francisco Mayor Ed Lee signed the “Parity in Pay Ordinance” into law.

In the first ruling of its type, the Ninth Circuit held that an employer’s attorney can be sued for retaliating against an employee who sued his client.

On June 14, 2017, Governor John Carney signed a new law that will prevent Delaware employers from requesting the salary history of job applicants.

With little fanfare or explanation, US Secretary of Labor Alexander Acosta announced on June 7, 2017 the withdrawal of the US Department of Labor’s 2015 and 2016 informal guidance on joint employment and independent contractors.

Following a recent trend that started in Massachusetts and the City of Philadelphia, New York City has become the latest jurisdiction to ban employers from inquiring about salary history for applicants.

On May 30, 2017, New York City Mayor Bill de Blasio signed into law Bill 1387-A, which prohibits covered retail employers from engaging in so-called “on-call scheduling,” a practice that is very common and in many cases critical to the industry.

Chambers USA: America’s Leading Lawyers for Business has recognized 32 Arent Fox LLP attorneys as leaders in their field.

California’s “day of rest” rules generally require employers to give employees one day off in seven days.

The increase in activism in the last year has led to questions from employers about what their rights are when employees are absent from work to attend protests or engage in other political activities.

Partner Robert Carrol was recently interviewed by Human Resource Executive following the National Labor Relations Board’s recent ruling that Verizon Wireless Inc. maintained numerous handbook rules that were too restrictive on employee communications and behavior.

On February 16, 2017, District of Columbia Mayor Muriel Bowser signed the Fair Credit in Employment Amendment Act of 2016, which amends the DC Human Rights Act of 1977 to prohibit employers from discriminating against employees and applicants based on their credit information.

On January 31, 2017, the General Counsel of the National Labor Relations Board released an official memorandum declaring that scholarship football players at some of the most elite college programs are employees under the National Labor Relations Act.

In one of the Trump administration’s first official acts, White House Chief of Staff Reince Priebus issued a memorandum on January 20, 2017 implementing an immediate freeze on all pending regulations until they have been reviewed and further action has been approved.

In an important decision clarifying California’s rest period requirements, the California Supreme Court has held that nearly all employees subject to the state’s rest periods rules cannot be subject to on-duty or on-call rest periods.

On December 29, 2016, the US Court of Appeals for the Fifth Circuit unanimously vacated two citations levied against Delek Refining Ltd. by the US Department of Labor’s Occupational Safety and Health Administration.

On December 29, 2016, a three-judge panel from the US Court of Appeals for the Fifth Circuit unanimously vacated two OSHA citation items issued to a Delek Refining Ltd. (“Delek”) facility for alleged safety violations that occurred years prior to its ownership of the refinery.

PSM STANDARD – Recent Fifth Circuit opinion limits OSHA’s power to issue citations for failing to address PHA and audit findings.

On December 31, 2016, at 12:01am (i.e. not January 1, 2017), the New York State Department of Labor will implement regulations increasing the salary threshold exempting employees from overtime-pay requirements for most private employers.

On December 20, 2016, the Council of the District of Columbia voted 9-4 to approve the Universal Paid Leave Amendment Act of 2016, a landmark piece of legislation that would create one of the most generous paid family and medical leave programs in the nation.

Yesterday, the Equal Employment Opportunity Commission issued a “resource document” to provide information to applicants and employees who suffer from mental health conditions.