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Archive by tag: Arent FoxReturn

Employment Arbitration Agreements in California Hang by a Thread

On October 10, 2019, Governor Newsom signed AB 51, codified as Labor Code section 432.6, which prohibits California employers from requiring an employee to sign an arbitration agreement “as a condition of employment, continued employment, or the...By: Arent Fox
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Arent Fox | Nov 02,2019 |

Employers Beware: Investigation Reports May Not Be Shielded by the Attorney-Client Privilege

The Massachusetts Superior Court’s recent decision in Burke v. The General Hospital Corp. et. al., provides critical insight into the limitations of the attorney-client privilege as it applies to investigation reports prepared by counsel....By: Arent Fox
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Arent Fox | Oct 30,2019 |

Buyer Beware: Health Plans Need to Exercise Caution in Retaining Third-Party Administrators and Medical Claim Reviewers

A federal court in Nebraska recently rejected a health plan’s fiduciary breach claims under the Employee Retirement Income Security Act of 1974 (ERISA) against third-party service providers, holding that the service providers were not ERISA...By: Arent Fox
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Arent Fox | Oct 14,2019 |

OSHRC Decision in Wynnewood Dramatically Expands Scope of PSM Standard

Recently, the Occupational Safety and Health Commission (OSHRC or Commission) issued a decision in Secretary of Labor v. Wynnewood Refining Co., LLC (Wynnewood) that constitutes a dramatic expansion of the Occupational Safety and Health...By: Arent Fox
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Arent Fox | Oct 12,2019 |

Properly Evaluating an OSHA Citation: Should You Contest the Citation?

For the last thirty years, I have defended companies in OSHA enforcement actions. No matter how large or small the action, employers should always begin by evaluating the potential financial impact the OSHA citation could have on the company. From...By: Arent Fox
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Arent Fox | Oct 10,2019 |

Lovin' It: Ninth Circuit Rules McDonald's is Not a Joint Employer with Franchisee in California

In a case that should grab the attention of franchisors across the country, a panel of the US Court of Appeals for the Ninth Circuit has ruled that McDonald’s Corporation is not the joint employer of the employees of a California Bay Area franchisee....By: Arent Fox
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Arent Fox | Oct 03,2019 |

Lovin' It: Ninth Circuit Rules McDonald's is Not a Joint Employer with Franchisee in California

In a case that should grab the attention of franchisors across the country, a panel of the US Court of Appeals for the Ninth Circuit has ruled that McDonald’s Corporation is not the joint employer of the employees of a California Bay Area franchisee....By: Arent Fox
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Arent Fox | Oct 03,2019 |

California Legislature: The Jig Is Up on Independent Contractors in the Gig Economy

The rise in gig economy workers in recent years has led to a steep increase in workers classified as independent contractors. Some employers, especially those concentrated in app-based spaces like ride-sharing, dog-walking services, and food...By: Arent Fox
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Arent Fox | Sep 30,2019 |

CFIUS 2.0: Treasury Releases Comprehensive Rewrite of CFIUS Regulations, Flood of Filings Expected in 2020

On September 17, 2019, the Treasury Department, on behalf of the full Committee on Foreign Investment in the United States, released the long-awaited comprehensive draft regulations to implement the Foreign Investment Risk Review Modernization Act...By: Arent Fox
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Arent Fox | Sep 27,2019 |

NLRB Proposes Rule Excluding Private College and University Student Workers from NLRA Coverage

Upending recent precedent, the National Labor Relations Board, yesterday, proposed a rule that, if adopted, will exempt from the NLRB’s jurisdiction undergraduate and graduate students who perform services in connection with their college and...By: Arent Fox
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Arent Fox | Sep 25,2019 |
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