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Labor & Employment Administrative Agency

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

Here We Go: The Full Board Finally Starts to Make Its Mark

by Proskauer - Labor Relations on

NLRB Reverses Precedent on Joint Employer Liability and Standard Governing Employee Handbooks - This afternoon, just two days prior to the end of Chairman Philip Miscimarra’s term, the NLRB issued a pair of 3-2 decisions...more

NLRB Judges Regain Power to Approve Partial Settlements

National Labor Relations Board (NLRB) Administrative Law Judges (ALJs) have regained the power to approve partial settlements of Unfair Labor Practice charges (ULPs) – even if the NLRB’s General Counsel, and the charging...more

Everything about the Case Assessment Review at the CHRO

by Shipman & Goodwin LLP on

This post is for the employment law nerds out there. You know who you are....more

New NLRB General Counsel Signals Policy Shift

by Nexsen Pruet, PLLC on

Peter Robb, the newly appointed general counsel for the National Labor Relations Board (NLRB), issued a memorandum on December 1, 2017 that suggests he may revisit some of the NLRB’s policy decisions rendered under the Obama...more

Eligibility of Foreign Nationals to be a Borrower under the FCA

by Nexsen Pruet, PLLC on

Eligibility of Foreign Nationals to be a Borrower under the FCA - Since 1976, FCA regulations have allowed certain foreign nationals to be a borrower. These foreign nationals generally fall into two classes: Lawful...more

New Labor Board May Kill “Quickie Election” Rule; Requests Public RFI

The NLRB announced December 12, 2017, a Request for Information (“RFI”) on the Board’s 2014 “Quickie Election” representation regulations (at 29 CFR parts 101 and 102). The RFI seeks input on the amendments to representation...more

NLRB Hints That “Ambush” Election Regulations May Be Rescinded

by Proskauer - Labor Relations on

Things are moving fast and furiously at the NLRB. Last week we saw the new General Counsel issue a sweeping memo which rescinded many policy guidelines and initiatives of his predecessor and highlighted the Board precedent...more

Labor Board To Scrap Quickie Election Rule? Public Comment Requested

by Fisher Phillips on

In the clearest sign yet that the National Labor Relations Board is ready to shift away from the strong pro-union stance that had been taken for the previous eight years, the agency today announced that it will seek public...more

Workers’ Advocacy Group Seeks to Invalidate Emergency Regulation Relating to Live-In Aides

by Hodgson Russ LLP on

The Urban Justice Center, a not-for-profit advocacy group, has filed a petition with the New York State Industrial Board of Appeals, seeking to invalidate the Department of Labor’s emergency regulation regarding live-in...more

Misclassification Of Independent Contractor Is Violation Of NLRA, ALJ Rules

by Jackson Lewis P.C. on

The misclassification of an independent contractor is an unfair labor practice under the NLRA, according to Administrative Law Judge Dickie Montemayor. Intermodal Bridge Transp., No. 21-CA-157647 (Nov. 28, 2017). ALJ...more

Informing Illinois Newsletter - December 2017

by Hinshaw & Culbertson LLP on

Amendments to the State Officials and Employees Ethics Act - On November 17, 2017, the governor signed into law two measures that address sexual harassment in the Illinois state Capitol. Applicable to local governmental...more

New NLRB General Counsel Sets New Tone For The "Trump Board"

by Foley & Lardner LLP on

We are now almost a year into the Trump presidency, but we are still grappling with how the administration will address many issues throughout the country. To a certain extent we can never be sure of a clear path, as...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

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

Key California Employment Law Cases: October 2017

by Payne & Fears on

This month’s key California employment law cases involve disability discrimination claims and procedural issues related to workers’ compensation proceedings....more

US Supreme Court Permits Full 'Travel Ban' to Go Into Effect

by Morgan Lewis on

Pending further appeals, the Court’s decisions grant the federal government’s request to enforce President Trump’s September 24 executive order that limits entry into the United States by nationals from eight countries....more

Another Joint Employment Development, And Still More Uncertainty

by Foley & Lardner LLP on

For the last several years, “joint employment” (whatever that now means legally) has been anything but the gift that keeps on giving for employers. First, joint employment became a tool that the previous Administration locked...more

ERISA: Successfully Opposing Motions to Supplement the Record with Social Security Disability Determinations– the Advantage to De...

You already know that in ERISA life, health and disability claim determinations, “‘[i]n most cases…the district court should only look at the evidence that was before the plan administrator at the time of the determination.’”...more

The Bubbler: Holiday Edition

As we enter the holiday season, we gather around the bubbler to sing about a few of our favorite (and not so favorite) things in the world of employment and labor law. Unfortunately, they’re not as sanguine as raindrops on...more

Japan Legal Update Volume 31 | November 2017

by Jones Day on

Labor & Employment - Japan's Ministry of Health, Labour and Welfare Requests Employer Associations to Prepare for the Conversion Rule - As April 1, 2018, will mark the fifth year since the "Rule on conversion of...more

Judge Orders OFCCP To Take Off The Blindfold From Contractors

by Fox Rothschild LLP on

Recently, an Administrative Law Judge (ALJ) issued an important decision for Oracle America, Inc. against the Office of Federal Contract Compliance Programs (OFCCP) requiring the agency to respond to Oracle’s requests for the...more

It’s Official! DOL Finalizes Delay

by Morgan Lewis on

The Fiduciary Rule transition period is extended until mid-2019, with financial institutions having flexibility in complying with the impartial conduct standards during this period....more

Superior Court Upholds Retirement Board's Provision of Due Process Through Administrative Hearing Process

by Nossaman LLP on

Due process-based claims have taken center stage in several claims against some California public retirement systems of late. A recent ruling by the Superior Court for the County of Marin, however, held that the Board of...more

[Webinar] Regulatory Update: OSHA's PSM Standard & EPA's RMP Rule - December 12th, 1:00pm ET

by Conn Maciel Carey LLP on

Following the tragic West Fertilizer explosion in 2013, Pres. Obama issued an Executive Order directing OSHA, EPA and other agencies to “modernize” the manner in which the government regulates chemical manufacturing...more

Health Alert (Australia) 20 November 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: New South Wales (NSW) 15 November 2017 - Clarke v Nursing and Midwifery Council [2017] NSWCATOD 163 - Nursing – appeal against...more

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