Robert Nichols

Robert Nichols

Bracewell LLP

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EEOC Files First Suits Against Businesses Alleging Sexual Orientation Discrimination

Previously, federal courts, for the most part, held that Title VII of the Civil Rights Act of 1964, which prohibits discrimination based upon race, color, national origin, religion and sex, does not provide a basis for...more

3/3/2016 - EEOC LGBT Sex Discrimination Sexual Orientation Discrimination Title VII Transgender

OSHA Announces National "Step-Up for Safety" Campaign for Upstream Industry

On February 19, 2016, OSHA announced the 2016 Step-Up for Safety Campaign to raise awareness about hazards in the oil and gas industry. The campaign is a joint effort among OSHA, the STEPS Network, and NIOSH....more

2/22/2016 - NIOSH Oil & Gas OSHA Workplace Safety

U.S. Department of Justice Expands Worker Endangerment Initiative

On December 17, 2015, Deputy Attorney General Sally Yates issued a memorandum to all 93 U.S. Attorneys urging federal prosecutors to work with the Department of Justice Environment and Natural Resource Division (ENRD) to...more

12/22/2015 - Criminal Prosecution DOJ DOL Environmental Crimes EPA Memorandum of Understanding OSHA Risk Management Workplace Safety Yates Memorandum

NLRB Broadly Expands Employee Rights to Use Company Email for Union Organizing and Other Protected Activity

The National Labor Relations Board (NLRB) has found that employees have the right, during “nonworking time,” to use company email systems for union organizing and other activity protected under the National Labor Relations...more

12/15/2014 - Email NLRB Protected Concerted Activity Purple Communications Unions

OSHA Broadly Expands Injury Reporting Requirement

Under a new rule issued by OSHA last week, employers will be required to report to the agency any workplace incident resulting in the in-patient hospitalization of even one employee. This report must be made within 24 hours...more

9/18/2014 - Employer Liability Issues OSHA Reporting Requirements Workplace Injury

California Supreme Court "Green Lights" Class Action Waivers in Arbitration Agreements

On June 23, the California Supreme Court in Iskanian v. CLS Transportation, a case involving state wage and hour claims, recognized that the U.S. Supreme Court's 2011 Concepcion decision effectively invalidated the California...more

7/1/2014 - Arbitration Class Action Class Action Arbitration Waivers CLS Transportation Employer Liability Issues Employment Contract Federal Arbitration Act Iskanian Mandatory Arbitration Clauses PAGA Trucking Industry Wage and Hour

Fifth Circuit Upholds Arbitration Agreement Prohibiting Employee Collective or Class Action Claims

On Tuesday, the U.S. Court of Appeals for the Fifth Circuit joined the Second, Eighth and Ninth Circuits in upholding a class action waiver in an employment arbitration agreement. This is an important victory for employers in...more

12/9/2013 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Collective Actions D.R. Horton Federal Arbitration Act NLRA NLRB

Federal Court Rejects ADA Suit Over Random Alcohol Testing of Probationary Plant Employees

A federal judge in Pennsylvania has dismissed an Equal Employment Opportunity Commission challenge to U.S. Steel Corporation's random alcohol testing of probationary employees at one of the company's most safety sensitive...more

2/26/2013 - ADA Alcohol Testing Business Necessity Disability Discrimination EEOC Medical Examinations Probationary Employees Safety Precautions

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