Perspectives on Labor, Employment & OSHA

On November 4, Arent Fox partner Darrell Gay and senior associate Temitope Yusuf were honored at the 2015 Legal Defense Fund 29th Annual National Equal Justice Awards Dinner in New York City.

On October 21, 2015, New York State Governor Andrew Cuomo signed eight pieces of legislation, known collectively as the Women’s Equality Act and effective in January 2016, into law.

The United States Court of Appeals for the Fifth Circuit recently reversed a 2014 decision of the National Labor Relations Board prohibiting mandatory arbitration of class or collective actions in employment disputes.

California passed Assembly Bill 60 (AB60) which allows the Department of Motor Vehicles to issue a driver’s license to any person, which could include an undocumented person, who cannot establish their legal presence in the US but otherwise meets licensing requirements to drive a motor vehicle.

AB 465, the California bill that sought to eliminate arbitration agreements as a condition of employment and in other settings, was vetoed by Governor Jerry Brown. AB 465 will go back to the House for further consideration and will require a two-thirds vote by both houses to overturn the veto.

The Ninth Circuit’s decision is a big win for the NCAA and affirms its amateurism model and remains protected from having to treat college athletes like employees.

The United States Court of Appeals for the Eleventh Circuit recently vacated a decision by a lower court holding that student registered nurse anesthetists at Wolford College were not employees under the Fair Labor Standards Act.

Federal contractors and subcontracts have become the next group of employers who will have to provide paid sick leave. On Labor Day, September 7, 2015, President Barack Obama signed an Executive Order granting paid sick leave for Federal contractors and subcontractors.

Last week, in a sharply divided opinion, the National Labor Relations Board (NLRB or Board) reconsidered the long-standing standard for a “joint-employer” finding under the National Labor Relations Act (NLRA or Act).

In the past five years, few topics have dominated litigation over employment agreements quite as significantly as class-action arbitration waivers.

Thirty-nine Arent Fox LLP attorneys have been rated as leaders in their profession by The Best Lawyers in America 2016.

Ever since football players at Northwestern University sought union certification in January 2014, their case has been closely watched by many in both the labor and sports arenas.

The US Court of Appeals for the Third Circuit recently ruled that a suspension with pay generally does not constitute an “adverse employment action” under the substantive discrimination provision of Title VII. Jones v. Southeastern Pennsylvania Transportation Authority.

When the Occupational Safety and Health Administration issues a “Citation and Notification of Penalty,” employers should always begin evaluating the potential financial impact the OSHA citation could have on the company.

On July 15, 2015, the Department of Labor (the DOL) issued guidance to employers about misclassification of workers as independent contractors instead of employees.

The US Equal Employment Opportunity Commission held a special meeting of the Commission commemorating the 50th Anniversary of the Agency.

Montgomery County, Maryland became the most recent jurisdiction to sign a paid sick leave law onto the books. County Executive Isiah Leggett (D) signed Bill 60-14 into law after the County Council unanimously approved the legislation on June 23, 2015. The law takes effect on October 1, 2016.

The US Court of Appeals for the Second Circuit recently denounced the US Department of Labor’s six factor test in favor of a new “primary beneficiary” test. Glatt v. Fox Searchlight Pictures, Inc., 2015 WL 4033018 (July 2, 2015).

On June 29, 2015, New York City Mayor Bill DeBlasio signed into law Bill 318-A, also known as the Fair Chance Act, which limits an employer’s ability to ask about an applicant’s criminal history until the applicant has been given a conditional offer of employment.

Arent Fox LLP is pleased to announce the addition of highly-regarded San Francisco-based labor partner Rob Carrol to the firm’s Labor & Employment practice and newly launched Alcohol Beverage team.

In a 3-2 decision, the National Labor Relations Board (NLRB or Board) overturned 37 years of precedent and ruled that employers may be required to turn over witness statements to unions prior to arbitration hearings.

In a 2-1 decision, a three-member panel of the NLRB held that a generic conflict of interest rule in an employee handbook violated the National Labor Relations Act because it could give employees the impression that they could not engage in union activity protected by the Act.

The Colorado Supreme Court ruled that Dish Network LLC lawfully fired a quadriplegic customer service representative who used validly licensed medical marijuana, rejecting the employee’s argument that the company violated a state law that protects workers who engage in lawful off-duty conduct.

After the Equal Employment Opportunity Commission (EEOC) recently indicated that it will aggressively pursue claims by transgender workers who have been discriminated against in the workplace, employers have had to assess their policies and practices to make sure they are in compliance.