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Labor & Employment Administrative Agency

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

Agency Heads Discuss Changes in Regulatory Direction During Federalist Society Panel

by Littler on

The current leaders of the Department of Labor, Equal Employment Opportunity Commission, and National Labor Relations Board addressed transitions and regulatory plans at their respective agencies at a November 16 forum. ...more

Senate Confirms David Zatezalo to Head MSHA

By a vote of 52-46, on November 15, 2017, the United States Senate confirmed David G. Zatezalo to be the new Assistant Secretary for Mine Safety and Health. Zatezalo takes the position last held by Joseph A. Main, former...more

Farm Workers Union Challenges New North Carolina Law

by Nexsen Pruet, PLLC on

This summer, the NC Legislature passed the North Carolina Farm Act of 2017 (“Farm Act”). The law amended an existing statute by countering indirect unionization tactics and protecting farmers against having to collect union...more

Does Your Website Comply With The ADA? Does It Even Need To?

by Pepper Hamilton LLP on

In the last few years, there has been an explosion in the number of cases being filed throughout the United States in which visually impaired or other disabled individuals claim that a company’s website violates the Americans...more

Does Your Website Comply With The ADA? Does It Even Need To? (PowerPoint Slides)

by Pepper Hamilton LLP on

In the last few years, there has been an explosion in the number of cases being filed throughout the United States in which visually impaired or other disabled individuals claim that a company’s website violates the Americans...more

Pair of NLRB ALJ Decisions Find Unions Violated NLRA

by Proskauer - Labor Relations on

It is mid-November, and the Board is at a full complement, and even has a new General Counsel. While we haven’t seen anything significant (or really, anything at all) come out of the newly constituted Board we know the new...more

Peter Robb Confirmed as NLRB General Counsel

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Former management-side labor attorney Peter Robb was confirmed as the General Counsel for the National Labor Relations Board, the last key piece to what many employers hope will result in the Board’s...more

Senate Approves Trump Nominee for General Counsel of NLRB: How This Will Impact Non-Union Employers

On November 8, 2017, the U.S. Senate confirmed Peter Robb as the new General Counsel for the National Labor Relations Board ("NLRB" or "Board"). In private practice, Robb was a noted critic of the NLRB under the Obama...more

Senate Confirms President Trump’s Pick for National Labor Relations Board General Counsel

by McNees Wallace & Nurick LLC on

In September, President Trump nominated management-side labor and employment lawyer Peter Robb to replace Richard Griffin, whose term expired on November 4, 2017, as general counsel to the National Labor Relations Board. ...more

House Tax Bill Would Fundamentally Change Executive Compensation and Employee Benefit Practices

by Morrison & Foerster LLP on

On November 2, 2017, the House Ways and Means Committee unveiled the Tax Cuts and Jobs Act (the “Bill”), which, if enacted, could dramatically impact certain aspects of executive compensation and employee benefit issues. The...more

Appellate Division Revisits Issue of Refusal of Suitable Work

by PretiFlaherty on

In Johnson v Maine Department of Transportation, WCB App. Div. No. 17-32 (October 11 2017), the employee sustained a low back injury on May 12, 2010, causing a herniated disc. He had surgery but was unable to resume his...more

Retail and Consumer Products Law Roundup - November 2017

Social Media, Behavior Policies Tossed by NLRB ALJ - Why it matters - Prohibiting social media activity by employees that “reflect[s] poorly” on the employer violates the National Labor Relations Act (NLRA), an...more

Massachusetts Lawmakers Hear Testimony on Non-Compete Legislation

The Joint Committee on Labor and Workforce Development held a hearing on Tuesday, October 31 to receive testimony on the several bills introduced this session addressing the use of non-compete agreements in Massachusetts....more

October 2017: The Top 11 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. October was no...more

Appealed! Overtime Rule Saga Continues

by Hinshaw & Culbertson LLP on

On October 30, 2017, the Department of Labor (DOL) indicated that it intends to appeal to the Fifth Circuit a federal district court ruling from 2016 that invalidated Obama-era overtime changes....more

Employer’s Victory In Workers’ Compensation Proceeding Leads To Dismissal Of Discrimination Claims

A recent California Court of Appeal opinion reminds employers of the need to carefully monitor parallel workers’ compensation proceedings involving litigants who also have civil claims pending against the employer. Ly v....more

DOL to Appeal Ruling That 2016 Overtime Rule Exceeded Its Authority

The DOL will appeal a Texas federal court’s ruling that the Obama administration’s 2016 overtime rule exceeded the DOL’s authority. The appeal comes nearly two months after the DOL dropped an earlier appeal of that court’s...more

Trump Nominates FedEx VP for Safety as OSHA Administrator

by Seyfarth Shaw LLP on

The White House announced on October 27th that it has nominated Scott A. Mugno to be the Assistant Secretary of Labor, Occupational Safety and Health. If confirmed, Mr. Mugno will serve as the Administrator of the federal...more

Trump To Tap FedEx Safety Head to Lead OSHA

by Sherman & Howard L.L.C. on

On October 27, 2017, the White House announced its intention to nominate Scott Mugno to the position of Assistant Secretary of Labor for OSHA. Mr. Mugno currently is the Vice President for Safety, Sustainability and Vehicle...more

Tenth Circuit Vacates ARB Whistleblower Decision

On October 17, 2017, the Tenth Circuit overturned the ARB’s decision in favor of complainant for want of protected activity under SOX. Dietz v. Cypress Semiconductor Corp., No. 16-9529 (Oct. 17, 2017). This decision rolled...more

WPI Insider Briefing: Will the New Composition of Federal Agencies Effect Change?

by Littler on

Nine months into President Trump’s term, the pace of nominations and appointments to fill critical position within his administration is accelerating. Action on the nominations to the National Labor Relations Board (NLRB),...more

OSHA Review Commission Back in Business

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Occupational Safety & Health Review Commission (Review Commission) issued two orders this month — the first we have heard from the Review Commission since April 27, 2017. The orders followed, on...more

Is This The Beginning Of The End Of The NLRB’s War On Employer Rules? - ALJ Rules Broad Confidentiality and Texting Rules Lawful

by Fisher Phillips on

Employers who have been keeping up with the National Labor Relations Board’s (NLRB) decisions over the past eight years may be pleasantly shocked to learn that an Administrative Law Judge (ALJ) just upheld an employer’s...more

Oregon OSHA Proposes to Increase Penalties

by Stoel Rives LLP on

August 1, 2016, the federal Occupational Safety and Health Administration significantly increased the maximum penalties for violation citations. As a result of these changes, Oregon OSHA has proposed to increase the minimum...more

Labor Relations Update: New NLRB General Counsel Poised to Undo Obama-Era Precedents

Senate Republicans recently confirmed William Emanuel, the second Trump nominee to the five-member National Labor Relations Board (the “Board”), giving the Board a Republican majority for the first time since 2007. Mr....more

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