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|Whistle While You Work? The Lack of Consensus Regarding Who Is a Whistleblower Is No Fairy Tale|
Kerri H. O'Brien; Marshall Dennehey Warner Coleman & Goggin, P.C.;
September 30, 2014, previously published on September 1, 2014Under the Dodd-Frank Reform Act, Pub.L. No. 111-203, 124 Stat. 1367 (codified as amended in scattered sections of U.S.C. titles 7, 12, 15 and 31), employees who blow the whistle on possible securities law violations are protected. The Dodd-Frank Act extends such protection to those employees who...
|Governor Brown Signs Bill Making Companies Liable for Employment Violations of Independent Labor Contractor Companies|
Robert A. Jones; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
September 30, 2014, previously published on September 29, 2014This weekend, California Governor Jerry Brown signed Assembly Bill 1897. This bill creates new Labor Code section 2810.3, which applies to all but a very limited number of companies with 25 or more employees (i.e., the “client employer”) that obtain or are provided workers to perform...
|NLRB Declines to Revisit Employee Use of Company Email Systems . . . For Now|
Donald D. Gamburg; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
September 30, 2014, previously published on September 29, 2014Under current National Labor Relations Board (NLRB) law, employees do not have a statutory right to use their employers’ email systems for union organizing or for other purposes. Email systems remain employer property for now, as the Board, in Purple Communications, Inc., 361 NLRB No. 43...
|Tooey Is Not Just A Bunch Of “Hooey”— Practical Tactics for Defending an Employer in The Realm of Toxic Tort Litigation|
Christine P. Dower, Christopher N. Santoro; Marshall Dennehey Warner Coleman & Goggin, P.C.;
September 30, 2014, previously published on September 1, 2014The Pennsylvania Supreme Court’s ruling in Tooey v. A.K. Steel Corp., 81 A.3d 851 (Pa. 2013) represents a significant shift in Pennsylvania law. In the wake of Tooey, new companies are being targeted and new theories of liability are being raised in toxic tort cases filed throughout the...
|EEOC Sues Private Employers Claiming Bias Against Transgender Workers|
William H. Andrews; GrayRobinson, P.A.;
September 30, 2014, previously published on September 29, 2014For the first time, the U.S. Equal Employment Opportunity Commission has filed landmark lawsuits on September 25, 2014 against a funeral home in Michigan and a medical clinic in Florida. These lawsuits mark the first time the EEOC has sued under Title VII of the Civil Rights Act of 1964 accusing a...
|The Rules of the Game Change As ICE Targets Employers|
Maria del Carmen Ramos; Shumaker, Loop & Kendrick, LLP;
September 30, 2014, previously published on September 5, 2014The year 2009 marked a dramatic change in Immigration and Customs Enforcement’s (ICE) workforce enforcement strategy. Up until 2008, ICE focused its enforcement efforts almost exclusively on illegal workers. For instance, ICE made 6,000 workforce enforcement strategy-related arrests in 2008;...
|Ninth Circuit Ruling on Misclassification of Independent Contractors Has Major Ramifications for Employers|
Goldberg Segalla LLP;
September 30, 2014, previously published on September 25, 2014In Alexander v. FedEx Ground Package System, Inc., 2014 U.S. App. LEXIS 16585 (9th Cir. Aug. 27, 2014), the Ninth Circuit Court of Appeals held that former Federal Express drivers were employees rather than independent contractors pursuant to California’s right-to-control test. This important...
|Restaurant Franchisors Targeted by NLRB and DOL for Claims They are Joint Employers of Franchisees' Employees|
L. Grant Close, David A. Prather; Ford & Harrison LLP;
September 29, 2014, previously published on September 26, 2014Restaurant franchisors are facing efforts from both the National Labor Relations Board (NLRB) and the U.S. Department of Labor (DOL) to make them joint employers of franchisees' employees. The Board's efforts have caught the attention of Congress where a House subcommittee held a hearing on the...
|Another Blueprint for Enforcement: OSHA Announces Final Rule Amending Recordkeeping Standard|
Daniel R. Flynn; Leech Tishman;
September 29, 2014, previously published on September 11, 2014On September 11, 2014, the federal Occupational Safety and Health Administration (“OSHA”) announced a Final Rule that will significantly amend the recordkeeping standard. The Final Rule will go into effect on January 1, 2015*. The amendment will provide OSHA with two additional paths to...
|NLRB Allows Union to Carve Out A Small Voting Group|
A. Stevenson Bogue; McGrath North Mullin & Kratz, PC LLO;
September 29, 2014, previously published on Third Quarter 2014One of the most important elements when a union petitions for an election to represent certain employees is the size of the voting unit or voting group. Generally, the smaller the voting unit, the easier it is for a union to organize and win the election. A recent decision by the National Labor...