Blog

OSHA Pre-empts CBA Drug-Testing Provisions?
August 22, 2018
In light of the Occupational Safety and Health Administration’s recent announcement of a Notice of Proposed Rulemaking to rescind the majority of its controversial electronic reporting requirements, I decided to review some previous guidance on these requirements.
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H1-B Visa Applications Facing Greater Scrutiny
August 21, 2018
A report by the National Foundation for American Policy (NFAP) reveals that the denial rate for H1-B petitions increased significantly in the 4th quarter of Fiscal Year 2017.
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Eighth Circuit Requires Employees to Reasonably Believe Underlying Conduct is Illegal to Make a Case for Retaliation
August 20, 2018
Colleen Auer’s tenure as city attorney for Minot, North Dakota, may have lasted only about a month, but it spurred not one, but three lawsuits and will definitely leave its mark on the Eighth Circuit.
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The Crown Pierces the Corporate Veil: Ontario Court Imposes Liability on Individual for Fines Imposed Against a Corporate Defendant
August 16, 2018
An Ontario Court has revolutionized the law with respect to whether an individual can be held personally liable for fines imposed against the corporation for breaches of regulatory legislation.
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Raining Cats and Dogs in the Workplace? It’s Pawssible
August 14, 2018
I gush over any dog I see – anytime, anywhere.  So this begs the question: will I ever be able to see a dog every day while I’m at work?
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NLRB Upholds Employee’s Use of Offensive Language in Protest of Employer’s Overtime Policy
August 13, 2018
In Constellium Rolled Products Ravenswood, LLC, the National Labor Relations Board recently ruled in a 2-1 decision that the employer unlawfully discharged an employee who had written “whore board” on an overtime sign-up sheet.
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NYC Sexual Harassment Poster and Information Sheet Released by City Commission
August 12, 2018
As previously reported, the NYC Council has enacted a series of laws addressing employers’ obligations regarding sexual harassment.
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Twitter Storms, Flash Floods, No Jobs
August 7, 2018
The incessant rain on the East Coast, interspersed with weird calms of blue-sky sunniness, are jarring in ways that make one reflect.
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NLRB Seeks Input Regarding Use Of Employer Email And Other Computer Resources
August 6, 2018
On August 1, 2018, the National Labor Relations Board (NLRB or Board) invited interested parties to file briefs on the standard it should apply to evaluating employer policies governing the use of computer resources, such as email.
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Drafting a Parental Leave Policy? Learn from the Estée Lauder Story or You'll Risk Smelling Stinky
August 5, 2018
Parental leave policies are on the rise.Maternity. Paternity. Caregiver. You name it. I am drafting more of these policies than ever before.
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California Supreme Court Rejects Federal “De Minimis” Doctrine
August 1, 2018
The California Supreme Court held last week that small amounts of time that an employee works before clocking in or after clocking out for the day are compensable, and an employer’s failure to pay for such time is not excusable under the federal “de minimis” doctrine.
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Are You Prepared To Handle The #MeToo Movement In Your Workplace?
July 30, 2018
Months into the #MeToo movement, daily reports of high-profile sexual harassment complaints have led to a new question – are employers prepared to handle a harassment complaint?
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