At the end of December, the U.S. Court of Appeals for the District of Columbia Circuit upheld a 2015 National Labor Relations Board (NLRB) decision that established a broad test for determining whether two entities could be...more
1/16/2019
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employer Liability Issues ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
NLRA ,
NLRB ,
Regulatory Reform ,
Staffing Agencies ,
Unions ,
Wage and Hour
The National Labor Relations Board (NLRB) General Counsel's office has issued guidance in the aftermath of the NLRB's groundbreaking decision in The Boeing Company, 365 NLRB 154 (Dec. 14, 2017). ...more
The U.S. Department of Homeland Security has announced that it will terminate the Temporary Protected Status (TPS) designation for Nepal, giving protected Nepalese until June 24, 2019, either to acquire permission to...more
On the eve of former Chairman Philip Miscimarra's departure from the National Labor Relations Board (NLRB), the Board Thursday created a new test for determining the lawfulness of workplace policies, overturning the test...more
The National Labor Relations Board (NLRB) yesterday overruled Browning-Ferris Industries of California, Inc., an Obama-era decision that expanded the doctrine of joint employment under the National Labor Relations Act (NLRA)....more
12/18/2017
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Hiring & Firing ,
Joint Employers ,
Legislative Agendas ,
NLRA ,
NLRB ,
Proposed Legislation ,
Staffing Agencies ,
Unions ,
Wage and Hour
The National Labor Relations Board (NLRB) Office of the General Counsel (GC) has signaled in a sweeping memorandum that the agency, under the Trump administration, is likely to reconsider and reverse many of its...more
The Senate voted 49-47 yesterday to confirm William Emanuel to fill a vacant seat on the National Labor Relations Board (NLRB), the independent agency tasked with administering federal labor law in the private sector. Mr....more
A federal district court in Texas last week invalidated the U.S. Department of Labor's (DOL) pending overtime regulations—finalized under the Obama Administration—aimed at increasing the salary threshold for overtime...more
California continues to forge a trail for gender identity protections in the United States. On July 1, 2017, the Fair Employment and Housing Council enacted new regulations addressing transgender issues that broaden the scope...more
7/25/2017
/ Discrimination ,
Dress Codes ,
Employee Restrooms ,
Employment Policies ,
Equal Access ,
FEHA ,
Gender Discrimination ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Sexual Orientation Discrimination ,
Transgender
In an advantageous decision for federal contractors, an Administrative Law Judge (ALJ) ruled last week that a demand by the Office of Federal Contract Compliance Programs (OFCCP) for pay data about Google employees was...more
7/19/2017
/ Administrative Law Judge (ALJ) ,
Affirmative Action ,
Corporate Counsel ,
Department of Labor (DOL) ,
Federal Contractors ,
Fourth Amendment ,
Gender-Based Pay Discrimination ,
Google ,
OFCCP ,
Pay Gap ,
Request For Information ,
Wage and Hour
Notwithstanding the change in administrations, the National Labor Relations Board (NLRB) continues to be active in the non-unionized workplace, giving employers another reason to carefully review policies that affect workers,...more
The U.S. Court of Appeals for the Third Circuit recently revived a medical resident's harassment and retaliation claims against Mercy Catholic Medical Center, finding that the hospital is subject to Title IX. The Third...more
In a move designed to aid unionization efforts, union activists have launched Unionizeme.org—with the stated goal of ending poverty for employees at large companies through unionization. The website—which generally targets...more
The U.S. Department of Education has issued a final rule that broadly addresses the ability of a student to assert a school's misconduct as a defense to repayment of a federal student loan. The final rule includes a ban on...more
11/4/2016
/ Arbitration Agreements ,
Borrowers ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Education ,
Educational Institutions ,
Federal Arbitration Act ,
Federal Student Loans ,
Higher Education Act ,
Loans ,
Misrepresentation ,
Program Participation Agreements (PPAs) ,
Title IV
In recently issued guidance, the U.S. Departments of Treasury, Labor, and Health and Human Services indicated that they will indefinitely extend relief to colleges and universities that subsidize the cost of individual...more
After years of decisions in which the U.S. Department of Education’s Office for Civil Rights (OCR) criticized colleges' and universities' handling of claims filed by individuals alleging sexual assault on campus, OCR now...more
Student loan servicers located in California servicing loans made to residents of any state and those located elsewhere servicing loans made to California residents will be subject to a new licensing requirement created by...more
The National Labor Relations Board has ruled in a 3-1 decision that graduate students at private, nonprofit higher education institutions "who perform services at a university in connection with their studies are statutory...more
Several ERISA breach of fiduciary duty class actions involving allegedly excessive retirement plan fees were filed this week against higher education institutions including colleges, universities, and medical schools. The...more
8/12/2016
/ 403(b) Plans ,
Breach of Duty ,
Class Action ,
Colleges ,
Educational Institutions ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fees ,
Fiduciary Duty ,
Investment Management ,
Medical School ,
Retirement Plan ,
Universities
As part of its ongoing employee misclassification initiative, the U.S. Department of Labor (DOL) has announced a partnership with the Pennsylvania Department of Labor and Industry, Bureau of Labor Law Compliance (BLLC), to...more
The U.S. Department of Education has issued a proposed rule that includes a ban on mandatory pre-dispute arbitration agreements by schools receiving Title IV assistance under the Higher Education Act (HEA) and a new federal...more
The National Labor Relations Board (NLRB) issued a decision last week upholding the right of employers to hire permanent replacements for striking employees unless the decision to replace workers is based on an “independent...more
The U.S. Department of Labor (DOL) issued a final rule substantially increasing the annual salary an employee must earn to be exempt from overtime pay requirements. The final rule—which takes effect on December 1, 2016,—will...more
The U.S. Department of Labor (DOL) issued a final rule substantially increasing the annual salary an employee must earn to be exempt from overtime pay requirements. The final rule—which takes effect on December 1, 2016—will...more
The U.S. Equal Employment Opportunity Commission (EEOC) has issued a new resource document addressing the rights of employees with disabilities who seek leave as a reasonable accommodation under the Americans with...more