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President Trump Moves to Fill Last Vacancy on EEOC

This week, President Trump announced that he would nominate Daniel Gade for the last open seat on the five-member U.S. Equal Employment Opportunity Commission. ...more

OSHA Delays Electronic Recordkeeping Compliance Date

Last week, the Occupational Safety and Health Administration announced that it intends to delay for an unknown period of time the initial compliance deadline for electronic submission of injury and illness recordkeeping...more

Despite recent scrutiny, carefully-considered non-competes logical choice in many situations

Last weekend, the New York Times published an article titled “How Noncompete Clauses Keep Workers Locked In.” The article focused on low and middle level workers who were sued or had a hard time finding new jobs because they...more

Reversals in the Future? New NLRB Chairman Dissented from Controversial Decisions

Philip Miscimarra was named Chairman of the National Labor Relations Board by President Trump on April 24, 2017. He had been named Acting Chairman soon after President Trump’s inauguration. ...more

Top 10 OSHA Citations for 2016

The federal Occupational Safety and Health Administration publishes a list annually of its top 10 most frequently cited alleged violations. The list changes little from year to year, but it is worthwhile for employers to...more

EEOC Sues Company That Didn't Hire Veteran Over Use Of Service Dog

Last week, the U.S. Equal Employment Opportunity Commission filed a lawsuit against freight company CRST Expedited Inc. on behalf of a truck driver trainee who is a veteran. According to the Commission, the employer violated...more

What to Expect from OSHA Under President Trump

Republican administrations tend to put more emphasis on helping employers comply with Occupational Safety and Health Administration requirements than on punitive enforcement actions. President Trump is familiar with OSHA...more

OSHA 300A Summaries Should be Completed and Posted by Now

Most employers are required to complete OSHA’s Form 300A by February 1, 2017 and to post it and keep it posted between that date and April 30, 2017. ...more

December 1, 2016 Deadline for Compliance with new Overtime Rules is Now on Hold

In a surprising decision, late Tuesday afternoon a U.S. District Court in Texas granted a nationwide preliminary injunction against implementation of the U.S. Department of Labor’s (DOL) new overtime pay regulations until...more

The New Overtime Pay Rule After the Election

Many employers have asked about the potential impact of the election of Donald Trump on the status of the new overtime pay regulations under the Fair Labor Standards Act (FLSA), which essentially double the minimum salary for...more

Employment Law Update - Changes to the Overtime Pay Rules are Here

On May 18, 2016, the U.S. Department of Labor (DOL) issued its final rule on changes to four exemptions to the overtime pay requirement of the Fair Labor Standards Act (FLSA): the executive, administrative, and professional...more

OSHA Issues Rules for Food Safety Whistleblower Cases

On April 18, 2016, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued final procedural rules for investigating whistleblower cases under the Food Safety Modernization Act (FSMA). The...more

Litigating Environmental Whistleblower Claims Under OSHA Procedures

The federal government is allocating more time and resources to whistleblower programs. Now, more than ever, companies need to take steps to minimize exposure to whistleblower claims. When a whistleblower case is filed, it...more

New Year's Resolution for Employers: Review Employee Handbooks and Agreements

A Nov. 24, 2015, decision from the U.S. Court of Appeals for the Fourth Circuit, which has jurisdiction over the Carolinas, about an arbitration provision included in an employee handbook serves as a warning to employers to...more

AgriBiz Alert: OSHA Targets Agribusiness Industry with New Citations

In recent months, the Occupational Safety and Health Administration (OSHA) cited several agribusiness employers for alleged violations of its standards, proposing significant penalties against them....more

Employment Law Update: Flooding, Storm Cleanup, and OSHA

As the Midlands recovers from the effects of widespread flooding, and as rain-swollen rivers reach the coastal portions of the South Carolina, Federal OSHA and SC OSHA have issued warnings about potential hazards encountered...more

Employment Law Update: South Carolina Lawmakers Ratify OSHA Requirements

On June 26, 2015 the South Carolina General Assembly ratified the new OSHA reporting and recordkeeping requirements for SC employers....more

DOL Proposes Changes to White Collar Overtime Pay Exemptions

On July 6, 2015, the U.S. Department of Labor (DOL) formally proposed revisions to the executive, administrative, and professional (EAP) exemptions to the overtime pay requirement of the Fair Labor Standards Act. In addition,...more

OSHA's Expanded Reporting and Recordkeeping Requirements

Happy New Year from OSHA! In 2015 employers must comply with two changes to OSHA reporting and recordkeeping requirements....more

Actions May Speak Louder than Words: Can Franchise Agreements Protect Franchisors from Liability as Joint Employers?

The National Labor Relations Board (NLRB) has created a buzz within the franchise community by announcing that McDonald's may be responsible as a "joint employer" for alleged unfair labor practices of some of its franchisees....more

Supreme Court Expands Sarbanes-Oxley Whistleblower Protection to Employees of Private Companies

In 2002, after corporate fraud at Enron led to the company's collapse, Congress passed the Sarbanes-Oxley Act (SOX). Under SOX's main whistleblower protection provision, an employee of a publicly traded company who claims...more

EEOC Lawsuit Challenges Commonly Used Language In Severance Agreements

On February 7, 2014, the Equal Employment Opportunity Commission (EEOC or Commission) sued CVS Pharmacy Inc. in federal court in Chicago to invalidate the company’s standard severance agreement. The lawsuit raises concerns...more

2/20/2014  /  EEOC , Severance Agreements

3 Legal Mistakes Hiring Managers Make In the Employment Process

In your experience, what's the one legal mistake hiring managers always (inadvertently) make? That's the question we asked labor and employment attorneys writing on JD Supra - and here is what we heard back...more

New I-9 Form Shows More Changes May be in Store for Employers

On March 8, 2013, U.S. Citizen and Immigration Services (USCIS) published a new two-page version of Form I-9, together with six pages of instructions. The new form will be required for use by all employers beginning May 7,...more

3/19/2013  /  Eligibility , Hiring & Firing , I-9 , USCIS

LightSwitch: Intellectual Property Law Bulletin - 1st Quarter, 2013 - January 2013

In This Issue: S.C. Supreme Court Upholds Confidentiality and “Holdover” Inventions Assignment Clauses in Employment Agreement; The America Invents Act: The Big Lesson Learned In The First Year; and The U.S.Patent And...more

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