It should be no surprise by now that a certain circuit (I’m looking at you Ninth Circuit) makes its own rules. So much so, the Supreme Court recently had to inform them of the shocking truth that dead judges can’t write opinions. If you are seeing the quote “…federal judges are appointed for life, not for eternity” around a lot lately ...
By Sharon Gold
On Thursday, March 7, 2019, the Department of Labor (“DOL”) released the much anticipated Notice of Proposed Rulemaking (“NPRM”) that significantly raises the minimum salary for exempt workers from $23,660 to $35,308. It is estimated that if this rule is finalized, more than a million workers will either become eligible ...
Well…we finally have some indication from the DOL on how it intends to update Fair Labor Standards Act (“FLSA”) regulations covering overtime exemptions for employees who fit into the “white collar” exemptions for Executive, Administrative and Professional employees. The overtime threshold, currently at $23,660/year or ...
Julie R. Pugh & Lee P. Geiger
Yesterday, March 4, 2019, a federal D.C. Circuit judge ordered the EEOC’s pay data collection initiative to be reinstated. As a refresher, generally all private employers with more than 100 employees and all federal contractors (with 50 or more employees and a contract with the federal government worth more than ...
In August 2017, the United States District Court for the Northern District of Ohio found that insurance agents working under independent contractor agreements for a major insurance company were employees for purposes of pursuing pension and other benefits under the Employee Retirement Income Security Act (ERISA) of 1974.[1] Recognizing ...
By Glen Krebs
The Department of Labor’s (“DOL”) Office of Foreign Labor Certification (“OFLC”) has announced a plan to change the way it handles the ETA-9142B form which begins the H-2B application process. Beginning July 3, 2019, all H-2B applications submitted to the National Processing Center (“NPC”) in the first three days of ...
In what has become an all-too-familiar sign of our times, the news was filled last week with reports of yet another workplace shooting. Five employees were killed and six police officers injured before the shooting ended. Companies are left wondering how to protect their employees.
While we can’t prevent all workplace shootings, there are ...
A recent case in Indiana federal court is a good illustration of the potentially long arm of the law prohibiting retaliation in the workplace.
Rachael Barter worked for AT&T until her termination in March, 2015. In April, she began working for NexLink Communications, which is a third party solutions provider for AT&T. In May, Barter filed a charge ...
OSHA was busy in 2018 and shows no signs of slowing down thus far in 2019. However, despite its recent reform efforts, Public Citizen’s Health Research Group may be throwing a wrench into their plans.
Background and the Final Rule
In May of 2018, OSHA posted on its website that it was no longer requiring submission of 2017 Forms 300 and 301 injury ...
The Occupational Safety and Health Administration (“OSHA”) published a final rule on January 25, 2019, which goes into effect February 25, 2019. The final rule better protects worker privacy by eliminating the electronic submission requirement of certain forms. Specifically, employers with 250 or more employees ...