Perspectives on Labor, Employment & OSHA

Recent OSHA activity indicates the agency will soon unveil its proposed rule to make recordkeeping violations “continuing” for purposes of OSHA’s six-month statute of limitations (SOL).

In January 2012, the National Labor Relations Board (NLRB or Board) decided arbitration clauses in employment contracts that require individual arbitration, rather than class-wide or collective actions, violate Section 8(a)(1) of the National Labor Relations Act (the NLRA or Act).

A National Labor Relations Board (NLRB or Board) administrative law judge (ALJ) found that two employees of a nonprofit youth center engaged in concerted activity when they discussed their workplace concerns via Facebook.

In this episode of Fashion Counsel, Partner Anthony Lupo talks with Labor & Employment Practice Leader Michael Stevens about how fashion companies should handle unpaid internships in a litigious environment.

The Seventh Circuit Court of Appeals recently affirmed a lower court’s conclusion that a doctor in a service corporation was actually an employer, and thus could not bring a claim under federal discrimination statutes based upon her termination.

In the City’s motion for summary judgment, it argued that Stragapede was not disabled under the ADA and that the City did not consider him to be disabled.

On October 1, 2014, at the President’s directive, the Department of Labor promulgated the final rule raising the minimum wage for federal contract workers.

Court Holds That Document Reviewers “Practiced Law” for Purposes of the FLSA

According to an OSHA Letter of Interpretation (the “Sallman Letter”), employees at a workplace without a collective bargaining agreement may designate a person affiliated with a union to act as their “personal representative” for OSH Act purposes.

Following a trend, including a recent amendment in New York City reported here, on September 10, 2014, California Governor Jerry Brown (D) signed legislation into law that will require most California employers to provide up to three paid sick days per year for employees.

The California Supreme Court has become the most recent legal body to weigh in on the issue of franchisor liability for franchisee employment actions.

Two major department stores — Macy’s and Barneys — recently settled racial profiling investigations lodged against them by the New York State Attorney General.

On August 11, 2014, New Jersey Governor Chris Christie (R) signed “ban the box” legislation, making New Jersey the 13th state to adopt such a law.

Washington, DC

In a landmark ruling for college athletes, US District Judge Claudia Wilken ruled that the National Collegiate Athletic Association (NCAA) cannot stop players from selling the rights to their names, images, and likenesses to the schools that they attend.

On July 29, 2014, the General Counsel of the National Labor Relations Board (NLRB or Board), Richard Griffin, authorized NLRB Regional Directors to file unfair labor practice complaints against McDonald’s as an alleged “joint employer” alongside its local franchisees.

A 2014 bill protects NY unpaid interns from discrimination based on age, race, creed, color, origin, orientation, or military/domestic violence victim status.

On July 21, 2014, President Barack Obama issued an Executive Order (the Order) prohibiting employment discrimination based on sexual orientation and gender identity by federal contractors and agencies.

On July 14, 2014, the US Equal Employment Opportunity Commission (EEOC) issued a new Enforcement Guidance on “Pregnancy Discrimination and Related Issues.”

On July 14, 2014, the DC Council unanimously approved the Fair Criminal Record Screening Act (the Act) that bars private employers from asking about an applicant’s criminal conviction record until the employer has extended a conditional job offer.

In Lawson, the Court held that employees of a mutual fund, traditionally outside the coverage of Sarbanes-Oxley Act (SOX), are nonetheless protected by its whistleblower provision.

The decisions in Bloomingdale’s and Nordstrom were significant victories for employers, but the extent and consequences of these victories have yet to be seen.

The employment application process has become increasingly complex and a growing source of litigation for retailers and other employers.

Legal 500 US has rated 40 Arent Fox LLP attorneys as national leaders in their field.

In a relatively narrow ruling that may have far greater practical ramifications than constitutional ones, a unanimous US Supreme Court on Thursday struck down President Obama’s 2012 recess appointments to the National Labor Relations Board (NLRB or Board).