Administrative Agency Labor & Employment

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The National Labor Relations Board 2016 Year in Review – Whitepaper

Introduction - In comparison to recent history, 2016 was a tame year for the National Labor Relations Board (“NLRB” or “the Board”). While continuing to issue decisions that left employers scratching their heads, the...more

New York State Regulations Governing Payroll Debit Cards (Scheduled to Become Effective March 7) Held Invalid and Revoked

The NYSDOL issued final regulations in September 2016, significantly restricting the use of payroll debit cards and imposing disclosure and consent requirements for direct deposit. The regulations were to become effective on...more

New York Pay Card Regulations Revoked, March 7, 2017 Implementation Halted

New regulations governing the use of payroll debit cards (also known as “pay cards”) in New York will not go into effect as planned on March 7, 2017. Yesterday, the New York Industrial Board of Appeals granted the petition of...more

Employer’s Interview Of Employees During Defense Of Unfair Labor Practice Violates Act, NLRB Rules

We already know that when it comes to the NLRB there already are several actions an employer can take that violate the NLRA, even though such actions would be perfectly acceptable under any other employment law. And...more

Business Group Challenge to OSHA Interpretation Survives Motion to Dismiss and Leaves Serious Questions About Continued Viability...

Seyfarth Synopsis: In a victory for employers, a Texas federal court has refused to dismiss a lawsuit challenging an OSHA interpretation under which non-employee union representatives were permitted to participate in OSHA...more

NLRB Finds Employer Did Not Need to Provide a Union Representative During a Police Interrogation During Which Management Was...

Seyfarth Synopsis: The NLRB held that American Medical Response of Southern California (“AMR”) did not violate an employee’s rights during a police investigation of an EMT’s gun violence threat by not providing the EMT with a...more

Appellate Court Expands Rice Notice Requirements

Following the February 8, 2017 Appellate Division decision in Kean Federation of Teachers v. Morell, public bodies must review their processes for issuing Rice notices and making available meeting minutes to the...more

Pensions Ombudsman round-up: January 2017 (UK)

Welcome to DLA Piper’s Pensions Ombudsman Round-Up publication in which we report on recent determinations made by the Pensions Ombudsman (“PO”) and Deputy Pensions Ombudsman (“DPO”). In this edition we look at...more

Willful Permit-Required Confined Space Entry Citation Upheld by the Seventh Circuit

On February 1, 2017, the United States Court of Appeals for the Seventh Circuit affirmed the decision of the Occupational Safety and Health Review Commission (“Commission”) which imposed serious willful citations under the...more

WPI Insider Briefing: New President, New Congress, New Direction in Workplace Policy

President Donald J. Trump was sworn into office on January 20, 2017, ushering in a new balance of power in Washington and what is expected to be a dramatically different era of workplace policy. On his first day in office,...more

President Trump Directs DOL to Review the Fiduciary Rule and Consider Modifications or Revocation

On February 3, 2017, President Trump directed the Department of Labor (“DOL”) to review the fiduciary rule adopted in April 2016 (the “Fiduciary Duty Rule”) and consider whether the Fiduciary Duty Rule should be modified or...more

NLRB's General Counsel Issues Memo on Arbitration Issue Pending at Supreme Court

As a result of the Supreme Court’s recent decision to grant certiorari and address the dispute over whether class and collective action waivers are lawful in an arbitration agreement, many employers have asked whether similar...more

Employment News - January 2017 #3

Flesh on the bones? Pay gap reporting guidance published - When the draft Gender Pay Gap Reporting Regulations (the Regulations) were published in December 2016, the government promised further guidance to help employers...more

SCOTUS Nominee Gorsuch's Judicial Conservatism May Benefit Employers

President Trump's nomination of Judge Neil M. Gorsuch could shape the U.S. Supreme Court for years to come because of the judge's relatively young age (49) and because he could be part of a conservative majority on the Court,...more

NLRB General Counsel Issues Report on NLRA Protections For Faculty and Students

Seyfarth Synopsis: In a last minute attempt to leave his mark on the NLRB, the Board’s outgoing General Counsel issued a report attempting to expand the rights of university faculty and students, including scholarship...more

Consultation launched on Employment Tribunal fees

On 31 January 2017, the government published its review of the Employment Tribunal (ET) fees system. As our readers will be aware, the current system of requiring claimants to pay ET fees has faced significant criticism as...more

The Federal Railroad Safety Act — An Employer’s Nonretaliatory Reasons for Discharging an Employee Must Be Considered in Context...

The Federal Railroad Safety Act (FRSA) prohibits a rail carrier from retaliating against an employee because the employee engaged in certain activities protected by the statute, including the reporting of a workplace injury....more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Work Gets Underway at Maine State House - Momentum is building in the Maine Capitol as...more

Labor & Employment E-Note - January 2017

The Supreme Court of the United States is, of course, known for landmark decisions affecting the lives of Americans. When we hear “SCOTUS” we think of famous civil rights cases such as Marbury v. Madison, (1803) which...more

Immigration Update: New Rule on Unfair Immigration-Related Employment Practices Effective January 18, 2017; Changes to National...

On December 19, 2016, the Department of Justice (DOJ) issued a final rule that revises the DOJ's regulations implementing certain provisions of the Immigration and Nationality Act (INA) related to unfair immigration-related...more

The U.S. Supreme Court And Workplace Class Actions

Seyfarth Synopsis: As profiled in our recent publication of the 13th Annual Workplace Class Action Litigation Report, the U.S. Supreme Court’s rulings have a profound impact on employers and the tools they may utilize to...more

Antennas up, Employers: Are ALJs History?

The Supreme Court of the United States is, of course, known for landmark decisions affecting the lives of Americans. When we hear "SCOTUS" we think of famous civil rights cases such as Marbury v. Madison, (1803) which...more

OSHA’s New Electronic Reporting and Anti-Retaliation Rule Challenged By Industry Groups in Oklahoma

Seyfarth Synopsis: Business organizations have once again brought suit against OSHA’s new electronic reporting and retaliation rule, arguing that the proposed online database violates employers’ First and Fifth Amendment...more

[Webinar] 2017 MSHA Enforcement Initiatives and Rulemaking Outlook - Jan. 26th, 1:00pm EST

As we begin a new calendar year and look ahead to a new administration, industry should continue to stay informed as to MSHA’s regulatory agenda and enforcement initiatives. While MSHA will soon have new decision makers in...more

Gregory M. Gochanour Appointed Regional Attorney Of EEOC’s Chicago District Office

CHICAGO - Gregory M. Gochanour, who has worked in EEOC's Chicago District Office since 1993, first as trial attorney, and since 2001 as a supervisory trial attorney, has been appointed the District Office's regional attorney,...more

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