In the recent decision in Hexcel Corp. v. Lab Commission, the Utah Court of Appeals affirmed a decision by the Utah Labor Commission that Hexcel was liable for discrimination and/or retaliation when it fired an employee because of his disability and
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DaVita, Former CEO, Not Guilty in Criminal Case Over Alleged ‘No-Poach’ Agreements
The United States indicted DaVita, Inc., and Kent Thiry, DaVita’s former Chief Executive Officer, last year alleging that they had violated Section 1 of the Sherman Act by engaging in “Conspiracy in Restraint of Trade to Allocate Employees.” The essential…
New York Minute – April Edition
Welcome back to Ballard Spahr’s New York Minute. Below are some of the latest developments impacting employers in the fast-paced and ever-evolving New York market. Please contact us with questions regarding the topics below or for any other guidance related…
NLRB General Counsel Calls for Expansion of Card Check to Remove Barriers to Unionization
Earlier this week, in an ongoing case between Cemex Construction Materials Pacific, LLC and International Brotherhood of Teamsters, NLRB General Counsel Jennifer Abruzzo filed a brief calling for the Board to reinstate the 1949 Joy Silk Mills decision – which…
Philadelphia Reinstates Indoor Mask Mandate
On April 11, 2022, citing the rising numbers of COVID-19 cases, the Philadelphia Department of Public Health announced that it has moved into the “Mask Precautions” pandemic response level and will reinstate the City’s indoor mask mandate for most indoor…
NLRB General Counsel Opines that ‘Captive Audience’ and Other Mandatory Meetings Violate Federal Labor Law
On April 7, 2022, in a move that could dramatically alter long-established employer tactics in union organizing campaigns, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memorandum announcing that she will ask the Board to find what…
New AML Whistleblower Program Highlighted by FinCEN Acting Director
Himamauli Das, the Acting Director of the Financial Crimes Enforcement Network (“FinCEN”), spoke about the Anti-Money Laundering Act of 2020 (the “Act”) and FinCEN’s role in its implementation at New York University Law School’s March 25, 2022 Program on Corporate…
OSHA Permanent Safety Regulations for Healthcare on the Horizon
Originally published in June of last year, and as reported by Ballard Spahr here, the OSHA Healthcare Emergency Temporary Standard (“ETS”) set safety requirements for health care and health care support service workers in settings where people with COVID-19…
DOJ’s Guidance Confirms Businesses Open to the Public Must Make Web Content Accessible
The historical uncertainty regarding whether businesses must have websites and mobile applications that are accessible to persons with disabilities has been, in part, the result of the absence of regulatory direction as to whether such digital assets are covered by…
Paid COVID Leave is Back in Philadelphia
In June, 2021, Philadelphia’s previous public health emergency leave mandate expired. However, on March 9, 2022, Philadelphia Mayor Jim Kenney signed a new bill extending COVID-19 paid sick leave to certain eligible employees. That bill became effective immediately upon signature.…