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U.S. Secretary of Labor Withdraws Informal Guidance on Joint Employment and Independent Contractors

The U.S. Department of Labor (DOL) has withdrawn its 2015 and 2016 controversial informal guidance on joint employment and independent contractors. Those two guidance letters, issued during the Obama administration, greatly...more

EEOC Releases New Guidance on National Origin Discrimination

The Equal Employment Opportunity Commission (EEOC) issued new enforcement guidance on national origin discrimination, which serves as a timely reminder of the law and the EEOC's continued focus in this area in the wake of an...more

Subway, DOL Partner to Improve FLSA Compliance

Last week, the Subway restaurant chain entered into a landmark partnership with the U.S. Department of Labor (DOL) aimed at improving Fair Labor Standards Act (FLSA) compliance among the chain's 27,000 franchisees. The DOL...more

OSHA Issues Final Rules for Online Posting of Injury and Illness Data, Discouraging Retaliation

The U.S. Occupational Safety and Health Administration (OSHA) has issued final regulations that permit the agency to post employer injury and illness data online, and also prohibit employers from discouraging workers'...more

OSHA Incorporates Previous Guidance into Whistleblower Manual

The Occupational Safety and Health Administration (OSHA) has issued a new Whistleblower Investigations Manual that clarifies the new, relaxed standard to be used by its investigators in determining whether to pursue a...more

DOL Issues Guidance on Joint Employers

The U.S. Department of Labor (DOL) has issued guidance warning employers that ''joint employment'' has become more common in light of the growing variety of business models and labor arrangements in today's economy....more

New OSHA Directive to Speed Up Resolution of Whistleblower Complaints Under OSH Act, Dodd-Frank, Other Laws

A directive to establish nationwide policies and procedures aimed at speeding up the resolution of “whistleblower” complaints handled by the Occupational Safety and Health Administration (OSHA) was issued on August 19, 2015....more

Morristown Memorial Hospital: A Tax Exemption Ruling All Nonprofit Hospitals Need to Know About

A recent New Jersey Tax Court decision has nonprofit entities on edge. The decision may offer tax authorities the opportunity to pursue payments from nonprofit hospitals and may result in the redefining of tax exemptions by...more

OSHA Announces Directive on HazCom

The Occupational Safety and Health Administration (OSHA) released its much-anticipated directive to the agency’s compliance safety and health officers on its revised Hazard Communication (HazCom) standard yesterday. In 2012,...more

N.J. Supreme Court Adopts ‘ABC’ Test To Determine Independent Contractor Status

The New Jersey Supreme Court recently issued a unanimous decision that could affect virtually every employer in the state that uses independent contractors as part of its workforce. In Hargrove v. Sleepy’s, LLC, the court...more

Third Circuit Decision Will Make It More Difficult for Employers to Defeat FMLA Interference and Retaliation Claims

Recently, the U.S. Court of Appeals for the Third Circuit issued a decision that raises the bar for employers seeking summary judgment on claims raised under the Family and Medical Leave Act (FMLA) for interference with...more

NLRB Rules Hospital's Resident Physicians Are Employees and Can Unionize

Whether an individual is an “employee” entitled to all the protections of the National Labor Relations Act (NLRA), or a “student” who has no such rights, has been a recurring and hotly contested issue before the National...more

OSHA Launches Online Whistleblower System

Reflecting its renewed emphasis on "whistleblower" protection under the Obama administration, the Occupational Safety and Health Administration (OSHA) has launched an online whistleblower complaint system. The new feature on...more

12/10/2013  /  OSHA , Whistleblowers

Supreme Court Agrees to Hear Recess NLRB Appointments Case

The U.S. Supreme Court agreed to review the decision of the U.S. Court of Appeals for the D.C. Circuit in Noel Canning v. NLRB, which held that President Obama’s January 2012 recess appointments of three members to the...more

Second Appellate Court Holds NLRB Recess Appointments Unconstitutional

Yesterday, in NLRB v. New Vista Nursing and Rehabilitation, the U.S. Court of Appeals for the Third Circuit became the second circuit to hold that intrasession recess appointments violate the Recess Appointments Clause (RAC)...more

OSHA Issues Interim Final Rule on Whistleblower Protections under the Affordable Care Act

As the 2014 implementation date for the most controversial provisions of the Affordable Care Act (ACA) draws closer, most businesses are focused on ensuring that their group health plans meet the ACA's requirements. But there...more

President Obama’s NLRB Recess Appointments Declared Unconstitutional

A three-judge panel of the United States Court of Appeals for the District of Columbia Circuit has declared that President Obama acted unconstitutionally when he made three recess appointments to the National Labor Relations...more

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