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California Legislative Update

The California legislature has reached the midpoint of its 2016 legislative session. The Governor has signed four bills of significance to California private sector employers. In addition, a few dozen workplace-related bills...more

Another Statute With Broad Whistleblower Protections - The FDA's Food Safety Modernization Act (FSMA)

In April, the U.S. Occupational Safety and Health Administration (OSHA) issued its final rule governing unlawful retaliation against workers who complain about or disclose food safety concerns to their employer or to OSHA....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

History Repeats Itself: The EEOC Scores Big Judgment Against Absent Party

Seyfarth Synopsis: The EEOC obtains a multi-million dollar default judgment against an out-of-business company in a case alleging “human trafficking” discrimination claims....more

2016-17 New York State Budget

On April 13, 2016, Governor Andrew M. Cuomo signed the 2016-17 New York State Budget into law. We summarize the highlights of the revenue provisions below. Personal Income/Estate Taxes Personal Income Tax rates are scheduled...more

Federal Judge Awards EEOC $7,658,500 in Case Against Farm Labor Contractor Global Horizons

62 Thai Farmworkers Vindicated After Exploitation at the Hands of Global Horizons - LOS ANGELES - A federal judge has ordered farm labor contractor Global Horizons, Inc. to pay $7,658,500 for a pattern or practice of...more

Food and Beverage Law Update: April 2016

Finance - PACA Liens Could Impact Financing Terms - The Perishable Agricultural Commodities Act (PACA) is a federal law enacted in 1930 with the goal of protecting suppliers and sellers of agricultural goods from...more

County Fair Farm Settles EEOC Class Sex Harassment and Retaliation Suit

Maine Farm Subjected Farmworkers to Abuse Since 2003, Federal Agency Charged - BOSTON - The federal district court in Portland, Maine has approved a consent decree resolving discrimination litigation brought by U.S....more

Minnesota Weekly Legislative Update

The second of three Minnesota legislative committee deadlines arrives tonight at midnight. By this second deadline, committees must act favorably upon a bill that met the first deadline in the other house, or the bill does...more

Department of Labor Issues Guidance on Joint Employment Under the FLSA and the MSPA

The Department of Labor (DOL) recently issued an Administrator’s Interpretation on joint employment under the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA)....more

"Employment Flash - February 2016"

The February 2016 edition of the Employment Flash looks at the EEOC's proposal for collecting equal pay information, the DOL's recent interpretation of joint employment liability under the FLSA and MSPA, Lyft's settlement of...more

News from the Vermont Statehouse - An analysis from DRM's Government & Public Affairs Team

Support has begun to gel in the House Commerce and Economic Development Committee around a bill that would clarify the status of independent contractors. Many businesses, particularly in the construction industry, have been...more

Department of Labor Announces Broad Interpretation of Joint Employment

The U.S. Department of Labor, Wage & Hour Division (DOL) issued guidance from its administrator in late January, espousing a broad view of joint employment under the Fair Labor Standards Act (FLSA). The guidance, issued in...more

Employers Take Note: Federal Agencies Issue Wage & Hour and Retaliation Guidance

The start of the New Year has brought about a flurry of federal administrative agency activity, including guidance from the Department of Labor (DOL) on the joint employer standard to be used for wage and hour matters, as...more

Joint Employment - What You Need to Know

As the make-up of the workforce in the United States is evolving with part-time workers, use of third-party management companies, staffing agencies, labor providers, temporaries, or independent contractors to cover both...more

U.S. Department Of Labor Expansively Defines FLSA Joint Employment In New Guidance

The U.S. Department of Labor's Wage and Hour Division issued an Administrator's Interpretation ("AI") on January 20, 2016, setting forth the agency's approach to evaluating whether putatively separate entities are joint...more

Department of Labor Guidance on Joint Employment Highlights Risks for Employers

In a recent OnPoint, Dechert discussed the National Labor Relations Board’s controversial decision in Browning-Ferris Industries of California, Inc., in which the Board abandoned its long-standing joint employer test in favor...more

DOL Throws 3rd Fastball in Less than a Year, Seeking to Strikeout Employers by Targeting Joint Employment

Action Item: On January 20, 2016, the U.S. Department of Labor’s (“DOL”) Wage and Hour Division (“WHD”) issued guidance regarding the determination of joint employer status under both the Fair Labor Standards Act (“FLSA”) and...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

Business, Labor, Manufacturing, And Agriculture Representatives Provide ITC With Different Perspectives On Likely Impact Of The...

During January 13-15, 2016, the U.S. International Trade Commission (“ITC”) held hearings concerning the likely impact of the Trans-Pacific Partnership Agreement (“TPP”) on the U.S. economy. Witnesses from a variety of...more

DOL Issues Interpretation to Expand Joint-Employer Liability

The position could expose more putative employers to potential liability under the Fair Labor Standards Act. In an Administrator’s Interpretation (AI) issued on January 20, the US Department of Labor’s (DOL’s) Wage and...more

DOL Continues to Push Its Agenda with New Guidance on Joint Employment

Solicitor of Labor Patricia Smith likes to quip that the Department is “working overtime on overtime.” DOL took a break from the much-anticipated overtime regulations and issued new guidance yesterday on the question of who...more

July 1, 2016: All Ontario employers must comply with new noise regulation

As of July 1, 2016, all Ontario employers will be required to comply with a new workplace noise Regulation under the Occupational Health and Safety Act. The new Regulation (381/15) replaces noise protection requirements...more

DOL Issues Administrator's Interpretation Expanding the Definition of Joint Employment

Under the Obama administration, the U.S. Department of Labor (DOL) has aggressively enforced and interpreted the federal wage and hour laws. Consistent with that approach, on Wednesday January 20, 2016, the Department of...more

USDOL Releases Broad "Joint Employment" Interpretation

The U.S. Labor Department has taken the next step in its nearly-six-year-old "fissured industries" initiative by releasing Administrator Interpretation No. 2016-1, dealing with concepts of "joint employment" under the...more

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