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On May 30, 2019, the Office of Labor-Management Standards (“OLMS”) within the U.S. Department of Labor issued a notice seeking comments on a proposed rule that would require labor organizations to submit annual financial reports for trusts in which the labor organization has an interest. The OLMS oversees the financial disclosure statements required of labor organizations and employers under the Labor-Management Reporting and Disclosure Act (“LMRDA”), as well as investigates alleged wrongdoing.  As described in…
Over the past two decades, workplace violence has unfortunately become increasingly prevalent, particularly in the health care and social service industries. As OSHA itself acknowledges, approximately 75 percent of workplace assaults reported annually occur in health care and social service settings and workers in health care settings are four times more likely to be victimized than other workers in private industry.  More recent studies, including one conducted in 2016 by the Government Accountability Office, have…
Reposted from a Litigation client alert. A recent $44 million jury verdict in state court in Chicago serves as a stark warning to companies who hire employees that might bring trade secrets from their former employers to their new position. The lesson: take concrete steps to ensure a new employee doesn’t share or use those trade secrets, or risk being held accountable for the employee’s actions. Quite often, the new employer with a deep pocket…
This week, the United States Supreme Court agreed to consider whether Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination on the basis of gay and transgender status. The Court will consider this issue in the context of three cases: Two involve claims that employees were fired because of their sexual orientation. In the third case, the plaintiff claims she was fired because she was transgender and preparing to live openly as…
Recent reports of campaigns designed to discourage potential employers from hiring Trump Administration officials raise the question of whether a private sector employer would have any jeopardy for going along with such a boycott. The answer depends upon where the act takes place. Fifteen states,[1] plus Puerto Rico and the District of Columbia, prohibit discrimination or retaliation against employees or applicants on the basis of political affiliation or activity. Some states have more limited,…
Last month we discussed a developing story regarding employer requirements to provide pay data on EEO-1 reports – more formerly known as Component 2. As we discussed, on March 4, 2019, The U.S. District Court for the District of Columbia ordered the immediate reinstatement of the EEOC’s pay data collection provisions (requiring covered employers to report pay information by race, ethnicity, and gender) in their EEO-1 report. The Office of Management and Budget (OMB) had…
On April 1, the U.S. Department of Labor proposed a new regulation for determining a company’s joint employer status under the Fair Labor Standards Act. When two companies are deemed joint employers, they share responsibility for the workers’ wages, which include the payment of minimum wages and overtime. Under the new rule, the Labor Department would analyze the following four factors in evaluating whether a company jointly employs workers: Whether the company hires or fires…