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Labor & Employment Updates

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

The Changing Nature and Focus of Trusteeship

by Allen & Overy LLP on

How is the business of trusteeship changing, and what future developments are currently the focus of trustee attention? We conducted an informal straw poll of trustees in October, via email and at the PLSA Annual Conference,...more

PHMSA Raises Random Drug Testing Rate To 50% For 2018

by Jackson Lewis P.C. on

The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration announced December 8, 2017 that during calendar year 2018, the minimum random drug testing rate will be increased to...more

New Bill Would Outlaw Mandatory Arbitration Agreements For Sex Discrimination Disputes – Is A Poorly Constructed Bill The Right...

by BakerHostetler on

Prior bills have attempted, unsuccessfully, to eliminate individual arbitration as a means to resolve employment disputes. Senator Al Franken introduced several bills, starting in 2009, to forbid pre-dispute mandatory...more

Retirement Plan Sponsors Can’t Afford To Be Cheap

by Ary Rosenbaum on

There is nothing wrong with being thrifty. You should never pay full price for something that you can get on a discount. Being thrifty is different from being cheap. Being cheap is about not wanting to pay for something just...more

Federal Employment Taxes: Employee-Independent Contractor Issues (Part 4)

by McNair Law Firm, P.A. on

IRS Voluntary Worker Classification Settlement Program - Employers that have workers which the employer classifies as “independent contractors” (Form 1099) risk having these workers reclassified by the IRS as employees....more

2018 NDAA Analysis: Acquisition Workforce Improvements

by Holland & Knight LLP on

This is the sixth blog post in a series of blogs analyzing the current draft of the 2018 National Defense Authorization Act (NDAA) as agreed-to by House and Senate negotiators on November 8, 2017. Stay tuned for additional...more

New Labor Board GC Signals Overturning Obama-Era Rulings, But Anticipated Vacancies and Recusals Create Uncertainty

On November 8, 2017, Peter B. Robb was sworn in as the General Counsel (GC) of the NLRB for a four year term. Robb succeeds Richard Griffin, who has been the GC since November 2013. Robb wasted no time in taking initial steps...more

IRS Updates Employer Shared Responsibility Payment Information

by Ropes & Gray LLP on

Last month, the IRS provided guidance regarding the procedures it will use to propose and assess employer shared responsibility payments under the Affordable Care Act (“ACA”). More recently, the IRS issued sample Forms 14764,...more

First Look - Fall 2017: Issues and Developments in Insurance Law

by Steptoe & Johnson PLLC on

“Insureds may wish, or be contractually obligated, to extend their insurance coverage to other individuals or entities,” commonly referred to as additional insureds. In fact, in certain industries, additional insured...more

“Tap Here For A Doctor” – The Proliferation of Telemedicine In The Gig Economy

by Fisher Phillips on

Several years ago, many people were leery of the thought of ordering personal drivers through a mobile app and getting into a car of a complete stranger. However, over time, the idea of ride-sharing through Uber or Lyft has...more

Tax Reform: Nonprofits and their Executives Brace for Impact

The Senate voted yesterday to begin formal negotiations with the House of Representatives to reconcile their two versions of the Tax Cuts and Jobs Act, a bill that seeks to make sweeping changes to federal tax law....more

Memo from NLRB General Counsel Reveals New Priorities, with Encouraging Signs for Universities

by Cozen O'Connor on

Less than one month after his confirmation as the National Labor Relations Board’s new general counsel, Peter Robb issued a memo that signals a significant shift in the aggressively pro-labor positions taken by his...more

The 12 days of Christmas – California Labor & Employment Edition – Day 1 "Ban the Box"

by Hinshaw & Culbertson LLP on

It’s the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2018. In the spirit of the season, we are using the next “12 days of...more

NLRB GC Boldly Defines Direction of Board Prosecution in New GC Memo

The new NLRB General Counsel Peter Robb has been fast at work. A short two weeks after being sworn in on November 17, 2017, the new General Counsel issued a memorandum making clear his intention to re-examine much of the...more

Bill 30 Overhauls Alberta's Occupational Health and Safety Act

by Field Law on

On November 27, 2017 the Alberta Government introduced Bill 30 – An Act to Protect the Health and Well-Being of Working Albertans. Bill 30 proposes updates to Alberta’s Workers Compensation Act while offering a complete...more

French Employment and Tax Reforms Set to Boost Private Equity Buyouts

by Latham & Watkins LLP on

President Macron recently unveiled employment and tax reforms to increase France’s appeal for deal makers. While France ranks highly as an investment destination for private equity firms, complex and inflexible French...more

How Employers Can Become Experts at Data Breaches: Preserving the evidence of a breach

by Bryan Cave on

The immediate reaction of many organizations when they discover that a system may be infected with a virus or malware is to remove, erase, and rebuild the potentially infected system as quickly as possible in an effort to...more

Pension Scheme Trustees and the GDPR

by DLA Piper on

With less than six months to go until the General Data Protection Regulation (GDPR) comes into force on 25 May 2018, trustees of occupational pension schemes need to ensure that they are on track with their preparations to...more

OSHA Hazard Assessment: To What Extent Can a Multi-Facility Employer Rely on Hazard Assessments from One Facility in Another,...

by Stoel Rives LLP on

OSHA regulations require an employer to conduct a hazard assessment to determine if hazards are present, or likely to be present, that necessitate the use of Personal Protection Equipment (“PPE”). 29 CFR § 1910.132(d)(1). It...more

Court Refuses To Release Correctional Facility Employer From Age Discrimination Suit, But Orders The EEOC To Identify Aggrieved...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In an ADEA action brought by the EEOC alleging that the New Mexico Department of Corrections failed to promote correctional officers over the age of 40, a federal district court in New Mexico denied the...more

Congressional Tax Reform Efforts May Impact Retirement Plan Sponsors

by McDermott Will & Emery on

On Saturday, the Senate passed its version of the Tax Cuts and Jobs Act. The process of reconciling the House and Senate versions of the bill has already begun in earnest. Currently, the retirement-plan-related changes...more

You’ve Been Warned: California’s WARN Act Is Broader Than the Federal Warn Act

by Bryan Cave on

As with so many other situations involving California’s employment laws, its protection for California-based employees experiencing a job loss is broader than the protections under federal law. In The International...more

Avoid Doubling FLSA Overtime Damages with Proper Analysis and Documentation

Benjamin Franklin once advised that an ounce of prevention is worth a pound of cure. This axiom is still relevant today, especially in the context of the Fair Labor Standards Act (FLSA). As originally written, the FLSA...more

Update: IRS Announces Employee Benefit Plan Limits for 2018

by McDermott Will & Emery on

On Monday, November 27, 2017, the Social Security Administration announced that the it is lowering the maximum amount of earnings subject to the Social Security tax for 2018 to $128,400. The Social Security Administration...more

Email Systems: GC Memorandum 18-02 Signals That The Trump Board May Review The Controversial Obama Board Changes Allowing...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo containing a broad overview of his initial agenda as General Counsel. It previews many anticipated developments...more

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