By Allison Grogan
The U.S. Department of Labor’s Employment and Training Administration and its Wage and Hour Division have issued a notice of proposed rulemaking that would, if adopted, make major changes to the H-2B temporary nonagricultural worker visa program. According to the U.S. Department of Labor (the “Department), the proposed ...
By Edwin S. Hopson
In 1997, off-duty employees of Ark Las Vegas Restaurants (“Ark”), a food concessionaire at New York New York Hotel & Casino (“NYNY”) in Las Vegas, Nevada, engaged in handbilling in the porte-cochere area of the casino and distributed their handbills to customers of NYNY’s hotel, casino, and restaurants as those ...
By Edwin S. Hopson
The U.S. Supreme Court on March 22, 2011, issued its decision in Kasten v. Saint Gobain Performance Plastics Corp., 563 U.S. ____, No. 09-834 (2011) holding, in a 6 to 2 decision authored by Justice Breyer, that under the Fair Labor Standards Act (FLSA) anti-retaliation provision an oral complaint to a supervisor comes within ...
By George J. Miller
On February 16, 2011, the U.S. Court of Appeals for the Sixth Circuit (which hears appeals from federal district courts in Michigan, Ohio, Kentucky, and Tennessee) held that former employees who sue for violations of the Worker Adjustment and Retraining Notification Act (WARN) do not have a right to a jury trial. In this ...
By Edwin S. Hopson
On March 4, 2011, the U.S. Occupational Safety and Health Administration (OSHA) announced in a press release that it had issued a citation against “8 Legged Productions LLC”, the production company putting on “Spider-Man Turn Off the Dark” at the Foxwoods Theater in New York City. OSHA asserts that three serious ...
By Edwin S. Hopson
On March 1, 2011, National Public Radio reported on its website that Republicans in the U.S. House of Representatives are trying to cut about $99 million in federal spending in the current fiscal year from the budget for the U.S. Occupational Safety & Health Administration (OSHA). According to OSHA Administrator David Michaels ...
By Edwin S. Hopson
On March 1, 2011, the U.S. Supreme Court issued its decision in Staub v. Proctor Hospital, 562 U.S. ____, No. 09-400 (March 1, 2011). While employed by Proctor Hospital, Vincent Staub was also in the U. S. Army Reserves. Staub’s immediate supervisor and her boss were openly hostile to Stuab’s obligations as an Army Reservist ...