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Read Constitutional Law updates, alerts, news, and analysis from leading lawyers and law firms:

Impairment Rating Evaluations Declared Unconstitutional

Over 20 years after Section 306(a.2) of the Pennsylvania Workers’ Compensation Act was enacted, employers will no longer be able to limit partial disability benefits to 500 weeks based on an Impairment Rating Evaluation...more

Disclosure Danger: Employers Still Stuck With NLRB’s Witness Statement Disclosure Standard

by Fisher Phillips on

The U.S. Court of Appeals for the District of Columbia rejected the chance yesterday to revive long-held precedent which for many years had protected employer witness statements from disclosure to unions before an arbitration...more

Second Circuit Holds Termination of Employee Who Attacked Supervisor in Obscene Facebook Post Violates NLRA

The Second Circuit said last week that an employer violated the National Labor Relations Act when it fired an employee who criticized a supervisor on Facebook during an election. The catch here is that the Second Circuit...more

U.S. Supreme Court Strikes Down Appointment of Former NLRB Acting General Counsel

by Littler on

On March 21, 2017, the U.S. Supreme Court affirmed the D.C. Circuit’s holding that Lafe Solomon, who was appointed by former President Barack Obama to serve as acting general counsel to the NLRB in June 2010 when the prior...more

Supreme Court Holds that Lafe Solomon Improperly Served as NLRB General Counsel

The Supreme Court has dealt another blow to the stability of the National Labor Relations Board. In a 6-2 decision, in, National Labor Relations Board v. SW General, Inc. DBA Southwest Ambulance, USSC Case No. 15-1251 (March...more

Supreme Court Uses Labor Case To Again Stifle Presidential Power

by Fisher Phillips on

In a decision released today, a 6 to 2 majority of the Supreme Court restricted the president’s power to fill high-level administrative positions without the Senate’s advice and consent, handing a victory to an employer in a...more

The Supreme Court - March, 2017 #2

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in three cases today: SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, No. 15-927: Petitioner SCA Hygiene Products Aktiebolag (“SCA”) brought a...more

The U.S. Supreme Court And Workplace Class Actions

by Seyfarth Shaw LLP on

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

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

by Seyfarth Shaw LLP on

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

Are Private E-mails & Text Messages “Public Records?”

by Best Best & Krieger LLP on

Decision Expected Soon from California Supreme Court - Public agencies in California should prepare for the likelihood that communications on officials’ and employees’ private devices related to the agency’s “conduct of...more

Breaking News: Judge Says He Will Issue Ruling on November 22 Regarding DOL Proposed OT Rule!

by Ruder Ware on

As we reported recently, 21 States and multiple business groups have filed suit in the Eastern District of Texas seeking a delay in the implementation of the proposed OT rule set for December 1. ...more

ABC Files Lawsuit Challenging “Blacklisting” Executive Order

As we recently reported, the Federal Acquisition Regulatory (FAR) Council has published a final rule, effective October 25, 2016, implementing the Fair Pay and Safe Workplaces Executive Order (also known as the “blacklisting”...more

Challenges Filed to DOL Overtime Regulations

The U.S. Department of Labor’s new regulations governing the “white collar” exemptions from overtime are only two months away. Under the new regulations, which go into effect on December 1, 2016, “white collar” employees...more

DOL Overtime Rule Update: Breaking News!!!!!

by Ruder Ware on

On September 20, 2016, two lawsuits were filed in an attempt to block the DOL’s proposed overtime rule. Wisconsin joined 20 other states in filing one suit while the U.S. Chamber of Commerce along with 50 other business...more

Employers Should Not Retreat on Compliance Planning Despite Two-Pronged Attack on OT Rule

by Seyfarth Shaw LLP on

Two lawsuits related to the Department of Labor’s revisions to the white-collar exemptions have been filed in East Texas. The first lawsuit, citing (among other things) the severe impact the impending salary increase...more

Informing Illinois Newsletter - August 2016

by Hinshaw & Culbertson LLP on

Is Your Police Department Ready for Body Cameras? - Police use of force has been heavily scrutinized for more than a year. In May 2015, the U.S. Department of Justice announced that it was providing $20 million in grants...more

NLRB issues two key decisions affecting higher ed

by Thompson Coburn LLP on

On August 23, the National Labor Relations Board issued several decisions affecting unionization rights at private universities. In the first of these, Columbia University, the Board held that graduate and undergraduate...more

Back to School: NLRB Takes Aim at Colleges and Universities

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The National Labor Relations Board issued three important decisions this week that will significantly impact private colleges and universities....more

Update on Lawsuits Challenging the U.S. Department of Labor’s Fiduciary Rule

As we previously reported, there are five pending lawsuits challenging the U.S. Department of Labor’s new fiduciary rule. Our Client Alert on the new rule outlines the significance of the rule and the implications of the...more

OSHA Postpones Its New Workplace Injury and Illness Reporting Rule in the Face of Scrutiny and a New Lawsuit

by Baker Donelson on

Over the past few months, we have published articles related to the U.S. Department of Labor's Occupational Safety and Health Administration's (OSHA) publication of amendments related to its workplace injury and illness...more

No Texas Hold ‘Em: Fifth Circuit Allows Texas to Challenge the EEOC Enforcement Guidance

A somewhat surprising decision in favor of the State of Texas was handed down from the Fifth Circuit Court of Appeals on June 27, 2016, which held that (i) Texas had standing to challenge the Equal Employment Opportunity...more

Court Enjoins Enforcement of “Safe Harbor” Deadline for Piece Rate Law

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A court has temporarily suspended the deadline for employers to elect the statutory “safe harbor” for purposes of complying with recent legislation that makes it even more difficult for employers that pay...more

OSHA Officially Increases Civil Penalties by 78 Percent

On June 30, 2016, the U.S. Department of Labor (DOL) announced its interim final rule on Federal Civil Penalties Inflation Adjustment Act Catch-Up Adjustments. The rule was formally published in the Federal Register on July...more

Lawsuits Filed Challenging The USDOL’s Final Fiduciary Rules

On April 6, 2015, the U.S. Department of Labor released its Final Rule addressing when a person providing services to an employee benefit plan or individual retirement account (IRA) is considered to be providing investment...more

Federal Court Allows the EEOC to Conduct Investigation on Employer’s Premises Without Employer Consent or a Warrant

Many employers are familiar with the fact that the EEOC regularly conducts on-site workplace investigations after receiving charges of discrimination or harassment. A recent federal court decision, however, may lead to an...more

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