ALJ

News & Analysis as of

That’s Not My Kid! Board Clarifies Definition Of “Child” Under The Longshore Act

On February 25, 2014, the Benefits Review Board rendered its decision in Smith v. Mt. Mitchell, LLC, ____BRBS____ (D.O.L. Ben. Rev. Bd. Feb. 25, 2014), which affirmed an Administrative Law Judge’s decision and order,...more

NLRB Considers Radical Changes to Decades-Long Precedent on Deferral to Arbitration

In yet another attempt to expand protection for employees under Section 7 of the National Labor Relations Act, the National Labor Relations Board (NLRB) is considering a new standard for deferral to labor arbitration that, if...more

California's Utilities Must Lower Barriers to Energy Storage Systems

In a proposed decision issued today from the California Public Utilities Commission, an administrative law judge (ALJ) determined that energy storage devices (i) that are paired with net energy metering- (NEM) eligible...more

OSHA Releases Interim Dodd-Frank Whistleblower Regulations

OSHA recently released the interim final text of regulations implementing the whistleblower protection provision (Section 1057) in Dodd-Frank. The interim final regulations establish the timing and processes for handling...more

Medicare’s Recovery Audit Program (RAC Audits), An Update For Physicians

As many physicians now realize, Recovery Audit Contractors ("RAC") hired by Medicare have turned their attention from hospitals and are now actively pursuing claims submitted by physicians. An audit by a RAC can put a...more

OSHA Publishes Interim Rule For Handling Whistleblower Retaliation Complaints

OSHA has published the interim final text of regulations governing the employee protection (or whistleblower) provisions of the Consumer Financial Protection Act of 2010, or CFPA, Section 1057 of the Dodd-Frank Wall Street...more

ITC Says the Importation of Digital Data Can Constitute Importation of a Patent-Infringing Product

On April 3, 2014, the United States International Trade Commission affirmed that the importation of digital data via electronic transmission can constitute “importation” of a patent-infringing product in violation of Section...more

Antisocial Media - Union Not Liable For Threatening Facebook Posts

Imagine if you will, that a company-sponsored website allows employees to post comments. During the course of a union strike, an employee who chooses to cross the picket line posts a comment threatening to kill union members...more

ITC Section 337 Update – January 29, 2014

Commission Extends Target Date In 833 Investigation To Accept Public Comments On Electronic Imports - In an Initial Determination issued on May 6, 2013, the ALJ in Certain Digital Model, and Treatment Plans for Use in...more

SEC Administrative Judge Censures Accounting Firms Over Failure To Produce Work For China-Based Companies

On January 22, an SEC administrative law judge (ALJ) prohibited the Chinese affiliates of four major accounting firms from practicing or appearing before the SEC for six months for allegedly failing to turn over certain...more

Department of Labor Whistleblower Update

In recently released decisions, the DOL Administrative Review Board took further action in two whistleblower actions of interest to employers. No Answer on Whether Stealing Confidential Data Is Protected – But a Silver...more

Employment Law -- Jan 22, 2014

EEOC Reports On FY 2013: Charges Down But Recovery Up - Why it matters: The Equal Employment Opportunity Commission touted several achievements in its Performance and Accountability Report for fiscal year 2013, from a...more

OMHA Imposes 24-Month Stay for New ALJ Assignments; Announces Medicare Appellant Forum

The Office of Medicare Hearings and Appeals (OMHA) has issued a Memorandum to OMHA Medicare appellants announcing a temporary stay, effective for cases filed on or after July 15, 2013, in the assignment of new requests for...more

ALJ Rules Mine Operators Do Not Have Right to Perform Pre-operational Examinations of Equipment Prior to MSHA Inspection, Citing...

In an opinion issued on December 10, 2013, Federal Mine Safety and Health Review Commission Administrative Law Judge Richard Manning ruled that allowing operators to perform examinations of mobile equipment immediately prior...more

MoFo New York Tax Insights - Volume 4, Issue 12 - December 2013

In This Issue: Governor’s tax Reform Commission Issues Final Report; Third Department Affirms tribunal: Government Financing Arrangements Are not Investment Capital; Appellate Division holds taxpayer Failed to Prove...more

Taxpayer Wins New York Bank Tax Case: Division of Tax Appeals Determines that Department Violated its Own Published Guidance

In a recent decision, the New York State Division of Tax Appeals soundly rejected a determination by the New York State Department of Taxation and Finance (the "Department") that it could treat a banking corporation’s...more

Federal ALJ Says Ban on Voice Recording Does Not Violate NLRA

Many employers prohibit employees from recording conversations during working time. Employers believe that such recording inhibits or intimidates employees and managers from having frank and open discussions relating to work....more

Is the "Like" Button Becoming a Constitutionally Protected Activity?

On September 18, 2013, the Fourth Circuit Court of Appeals ruled that an employee's act of clicking the "Like" button on Facebook constitutes speech protected by the First Amendment. This ruling signals an extension of...more

October 2013: International Trade Commission Update - ITC Unveils New Pilot Program Aimed at Early Resolution of 337...

The United States International Trade Commission recently unveiled a new pilot program aimed at faster, less expensive resolution of 337 investigations. As part of the pilot program, the Commission “will identify, at...more

ITC Taps New Administrative Law Judge and OUII Director

New ALJ and OUII director will have impact on future ITC investigations. On September 23, the U.S. International Trade Commission (ITC) announced that Sandra (Dee) Lord will join the ITC as an Administrative Law Judge...more

OFCCP Announced a Series of Consent Decrees Impacting Contractors Prior to the Government Shutdown

A Department of Labor Administrative Law Judge (“ALJ”) approved a consent decree on September 16, 2013 between the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) and Medtronic, Inc....more

U.S. Health and Safety Law: Inspections and Investigations During the Shutdown

Last night, Congress failed to reach an agreement to continue funding government operations beyond the end of Fiscal Year 2013. The federal government is, consequently, in the process of shutting-down a significant portion of...more

ALJ Ruling on Heart Attack Reporting Requirements Creates Split of Authority

In Vulcan Construction, decided August 3, 2013, Federal Mine Safety and Health Review Commission Administrative Law Judge Gill held that an employee’s heart attack did not constitute an immediately reportable accident because...more

ITC Section 337 Update – September 30, 2013

Lord Named New Administrative Law Judge At U.S. International Trade Commission – On September 23, 2013, the Commission issued a News Release announcing that Judge Sandra (Dee) Lord has joined the U.S. International Trade...more

Post Summer Part 4 of 5 - Logos, Lids and Lenses

Last week began this series of five posts to highlight five developments from this past summer in the area of social media and employment law. In Part 4 today: The use of company logos, and picture taking in the workplace....more

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