Insights on Labor, Employment & OSHA

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.

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. 

What can employers do if an employee struggles to be understood by the company’s client base because of his or her heavy foreign accent?  When can employers take action because the employee’s lack of English fluency is affecting job performance and the company as a whole? 

Beginning September 3, 2015, New York City employers will no longer be able to consider an individual’s credit history as part of a background check in hiring or employment decisions.

On May 7, 2015, 14 Spanish-speaking employees filed suit in California state court against their employer, Gate Gourmet for harassment and discrimination on the basis of national origin arising out of the alleged prohibited use of the Spanish language on the job.

In an important victory for employees, the en banc Fourth Circuit held that use of a racial slur twice within a 24-hour period could support Title VII hostile work environment and retaliation claims.

Arent Fox LLP is proud to announce the publication of a comprehensive and definitive book for health care industry leaders focused on risk management and litigation.