Administrative Agency Labor & Employment

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MoFo New York Tax Insights - Volume 7, Issue 12

NYC ALJ Holds That Consulting Firm May Source Receipts Based on Location of Independent Contractors - The nature of the services performed by a corporation, and how that corporation should source its receipts from those...more

Federal Judge Blocks Changes to Overtime Rules For Now

On November 22, 2016, a federal district court judge in Texas issued a nationwide preliminary injunction blocking the federal Department of Labor from implementing its final rule in respect of overtime compensation (the...more

DOL Oversteps Overtime Regulations

Just one month after the U.S. District Court for the Eastern District of Texas shut down a Fair Pay and Safe Workplaces final rule, the District Court has enjoined the implementation of the Department of Labor’s (DOL) final...more

All Play and No Work: TN Body Clarifies When Recreational Activities Are Covered Under Worker’s Comp Law

Since the early 1930s, the Tennessee Supreme Court has consistently ruled that an employee’s injury during voluntary recreational activity is not compensable as a work-related accident. However, Tennessee Code Annotated §...more

Texas Federal Court Blocks New Salary Restrictions for Exempt Employees

On November 22, 2016, a federal court in the Eastern District of Texas issued a preliminary injunction blocking the Department of Labor from enforcing new regulations that would have drastically reduced the number of white...more

Wow! OSHA Releases Massive Rule Updating General Industry Standards on Walking-Working Surfaces

Seyfarth Synopsis: Despite Congressional direction to the contrary, OSHA just adopted a significant 500+ page final rule on industry, and only provided employers sixty days to comply! Despite a Congressional “request”...more

Breaking News: Texas Federal Court Judge Issues Nationwide Injunction Against DOL, Bringing New Overtime Regulations to Abrupt...

In a surprise move, Judge Amos Mazzant III of the United States District Court for the Eastern District of Texas has issued a nationwide injunction against implementation of the new Fair Labor Standards Act (“FLSA”) overtime...more

New Overtime Rule Enjoined by Federal District Court

This summer, we informed you of a Department of Labor final rule that would increase the minimum salary level for employees exempt from overtime pay requirements of the Fair Labor Standards Act (“FLSA”) beginning on December...more

Texas Court Enjoins Most of DOL's New Overtime Regulations

The regulations were scheduled to go into effect on December 1. On November 22, a judge from the US District Court for the Eastern District of Texas issued an order enjoining, on a national basis, all but a few parts of...more

Did These 10 OSHA Rules and Initiatives Die With the Election of Donald Trump?

The election of Donald Trump surprised some Americans. In the days since his victory, our firm’s lawyers have fielded numerous questions from employers regarding what changes to workplace law they can expect under the Trump...more

Uncertainty Continues to Swirl Around DOL’s Overtime Rule as Employers Make Compliance Push

As all HR professionals and employment lawyers know (even those currently living under rocks), the Department of Labor’s final overtime rule is scheduled to go into effect on December 1, 2016 – less than two weeks from now. ...more

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

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

Does the NLRA Protect Racist Insults by Picketing Workers?

A case currently under consideration in the Eighth Circuit Court of Appeals deserves watching. The case will determine whether the National Labor Relations Act (NLRA) protects a picketing employee’s right to hurl racist...more

The New Overtime Pay Rule After the Election

Many employers have asked about the potential impact of the election of Donald Trump on the status of the new overtime pay regulations under the Fair Labor Standards Act (FLSA), which essentially double the minimum salary for...more

NLRB Continues to Click “Dislike” on Social Media Policies

As the National Labor Relations Board (NLRB) continues its assault on employer personnel policies, certain policies seem to be getting particular attention. Various recent NLRB opinions have imposed a number of limitations on...more

NLRB Majority Stuns Nation By Ruling Employer Has Management Right, Chairman Dissents

In another example of the inconsistency of the current state of Board law, a 2-1 majority of the NLRB ruled that an employer not only had a management right but it wasn’t necessary that this right be expressly set forth in...more

Evidence From LinkedIn, IMDB Used to Support Denial of Benefits

Be careful what you ask for. The Plaintiff in a recent case from the Central District of California learned that lesson when the Plan’s re-evaluation of her claim for benefits revealed that she was apparently working as a...more

New York’s Highest Court Rules that Yoga Instructors are Independent Contractors: But Can Other Employers Hold that Pose?

The New York State Court of Appeals and New York City recently provided additional guidance for – and imposed additional requirements on – New York employers that use independent contractors. In In re Yoga Vida NYC, Inc....more

Winds of Change: the NLRB Challenges Confidentiality Agreements and The Obama Administration’s “Call to Action” to Prohibit...

This year, the federal government is challenging contractual provisions that regularly appear in private employment agreements. Both the National Labor Relations Board (“NLRB”) and the Obama administration have challenged the...more

Board Defers to Arbitrator’s Award Upholding Management Rights–But for How Long?

Seyfarth Synopsis: In Weavexx, LLC the Board deferred to an arbitrator’s finding that the employer had the right to change its payday and pay cycle without first bargaining. The bigger question is how much longer will such...more

OSHA Promulgates Final Rule on ACA Whistleblower Complaints

On October 12, 2016, the Occupational Safety and Health Administration (“OSHA” or the “Agency”) announced that it had issued a Final Rule establishing procedures for the filing, evaluation, and litigation of whistleblower...more

UK Employment Law Round-up, Volume 1, Issue 10 – October 2016

In this issue we look at recent case law decisions which have provided a useful reminder of the position when dealing with contracts tainted by illegality and taking prior disciplinary warnings into account. We also bring you...more

Yoga Instructors Can Be Independent Contractors, Says NY Court of Appeals

Earlier this week, the New York State Court of Appeals in Yoga Vida NYC, Inc. v. Commissioner of Labor., No. 130 (N.Y. Oct. 25, 2016), issued a rare decision concerning an unemployment determination, reversing the Appellate...more

EPA Must Consider Regulatory Impacts on Coal/Utility Industry Jobs and Plant Closure

On October 17, 2016, the U.S. District Court for the Northern District of West Virginia granted summary judgment to Murray Energy Corporation and its subsidiary coal companies, including UtahAmerican Energy, Inc. The decision...more

New York’s Highest Court: No “Stretch” in Yogi’s Independent Contractor Classification

Seyfarth Synopsis: The New York Court of Appeals recently rejected the narrow view of the Unemployment Insurance Appeal Board and found that substantial evidence did not support a finding that certain yoga instructors were...more

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