Legal News

On September 18, 2019, California Governor Gavin Newsom signed Assembly Bill No. 5 (“AB 5“), which codifies the result of Dynamex Operations West v. Superior Court, No. S222732, a case that significantly changes the way employers can classify...By: Buchalter

USCIS Announces Implementation of Its H-1B Electronic Registration Tool - After several months of vetting public commentary, U.S. Citizenship and Immigration Services (“USCIS”) will roll out its H-1B electronic registration tool (“ERT”) to replace...By: Epstein Becker & Green

The U.S. Court of Appeals for the Tenth Circuit was not persuaded that because marijuana remains illegal under the federal Controlled Substances Act (CSA), an employer was absolved of the requirements of the Fair Labor Standards Act (FLSA)....By: Manatt, Phelps & Phillips, LLP

Adding to its recent spate of employer-friendly moves, the National Labor Relations Board (the “Board”) issued a precedent-shifting decision on December 17, 2019. Apogee Retail LLC, 368 NLRB No. 144 (2019). The 3-1 decision, opposed only by outgoing...By: Benesch

Six months after a little-noticed bill passed unanimously by the General Assembly (and was then vetoed by Governor Lamont), a new compromise measure passed yesterday in a special session. The bill uses some of the same concepts that had been...By: Shipman & Goodwin LLP

Agency Commends Employer for Working Cooperatively With the EEOC on Harassment Prevention and Accountability - SAN FRANCISCO - Uber Technologies, Inc. has entered into a nationwide agreement to strengthen its business culture against sexual...By: U.S. Equal Employment Opportunity Commission

Today, the Supreme Court of the United States granted certiorari in the following cases: Our Lady of Guadalupe School v. Morrissey-Berru, No. 19-267; St. James School v. Biel, No. 19-348: Whether the First Amendment’s Religion Clauses prevent civil...By: Dorsey & Whitney LLP

Q: If my employee comes to work sick and passes out due to the flu, is that OSHA? A: In addition to covering fatalities, hospitalizations, and injuries requiring more than first aid, OSHA does require that you record loss of consciousness....By: Davis Brown Law Firm

A new guidance letter from the Occupational Safety and Health Administration (OSHA) states it is legal, but not necessarily advisable, for workers to use headphones to listen to music on a construction site even if the headphones are marketed as...By: Nexsen Pruet, PLLC

As we shifted focus last week from a plan’s administrative claims procedures to defending against a claim for benefits in court, we explained how a well-documented administrative record can enhance the chances of getting a case dismissed at the...By: Proskauer - Employee Benefits & Executive