Congress surprised employers when it increased Occupational Safety and Health Administration (OSHA) penalties nearly 80 percent in 2016. Today, a “serious” violation can cost up to $13,260, and a “willful” or “repeat” violation can cost up to...By: Jackson Lewis P.C.
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The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration announced on December 27, 2019 that beginning on January 1, 2020, the minimum annual percentage rate for random drug testing is 50% of the average number of driver...By: Jackson Lewis P.C.
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The State of California has been temporarily enjoined from enforcing its prohibition on mandatory employment arbitration agreements under Assembly Bill 51. Chamber of Commerce of the United States, et al. v. Becerra, et al., No. 2:19-cv-2456 (E.D....By: Jackson Lewis P.C.
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On September 6, 2019, OSHA issued a letter of interpretation in response to an employers question regarding the use of headphones to listen to music on construction sites. The employer stated that some headphones are advertised as “OSHA approved” and...By: Jackson Lewis P.C.
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The National Labor Relations Board (NLRB) has held under the National Labor Relations Act (NLRA) that employers may maintain and enforce rules requiring confidentiality for the duration of a workplace investigation. Apogee Retail LLC d/b/a Unique...By: Jackson Lewis P.C.
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A new Virginia statute limits employers’ use of nondisclosure and confidentiality agreements with respect to “sexual assault” as a condition of employment. Under the new law, “Nondisclosure or Confidentiality Agreements; Sexual Assault, Condition of...By: Jackson Lewis P.C.
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One year after news broke nationwide of south New Jersey high school wrestler Andrew Johnson forced to choose between forfeiting a wrestling match or having his dreadlocks cut off, New Jersey has joined California and New York in banning...By: Jackson Lewis P.C.
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As 2019 comes to a close, here is a look ahead to some of the legislation going into effect on January 1, 2020, that affects employers in California. Independent Contractors- Assembly Bill 5 codifies and clarifies the California Supreme Court’s...By: Jackson Lewis P.C.
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The U.S. Supreme Court has agreed to review two consolidated cases that will afford it an opportunity to develop the “ministerial exception” to employment discrimination laws it first announced in a 2012 case, Hosanna-Tabor Evangelical Lutheran...By: Jackson Lewis P.C.
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Following a local television station’s report of labor brokers paying cash to construction laborers to avoid paying taxes for these workers, a Utah state legislator said she plans to introduce legislation in 2020 to increase fines and make...By: Jackson Lewis P.C.
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