On July 13, 2023, the Occupational Safety and Health Administration (OSHA) announced a National Emphasis Program (NEP) to prevent workplace hazards in warehouses, processing facilities, distribution centers, and high-risk retail establishments like hardware stores and supermarkets. OSHA’s NEPs are temporary programs that focus OSHA resources on particular hazards and high-hazard industries.

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On July 26, 2022, in a win for employers, the Third Circuit Court of Appeals issued a precedential opinion in Christa Fischer, et al. v. Federal Express Corp., et al, No. 21-1683, affirming a decision from the Eastern District of Pennsylvania that refused to allow two opt-in plaintiffs to join a putative collective action…

In May 2021, New York state passed a law governing certain health requirements in connection with returning to work after COVID-19. The New York Health and Essential Rights Act (NY HERO Act) as amended applies to occupational exposure to all airborne infectious diseases, not only COVID-19, and requires employers to adopt standards and procedures that…

In recent weeks, a number of federal legislative measures have been introduced that, if passed, will have significant impacts on federal labor and employment policies. This GT Alert reviews the Paycheck Fairness Act, PRO Act, and FAMILY Act.

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The UK national government has announced, in relation to England only, a programme of progressive easing of current lockdown measures due to Coronavirus Disease 2019 (COVID-19). With respect to working arrangements, the guidance provides that:

[a]ll reasonable steps should be taken by employers to help people work from home. But for those who cannot…

On Jan. 15, 2019, U.S. District Judge William J. Martini ruled that New Jersey’s newly minted Diane B. Allen Equal Pay Act (NJEPA), enacted April 24, 2018, and by its terms effective July 1, 2018, “is not retroactively applicable to conduct occurring prior to its effective date.” Perrotto v. Morgan Advanced Materials, PLC. While…

On July 26, 2018, the California Supreme Court issued a long-awaited decision in Troester v. Starbucks Corporation, in which it considered the applicability of the de minimis doctrine to claims for unpaid wages under the California Labor Code. The de minimis doctrine is an application of the legal maxim that “the law does not concern…

Drafting an effective employment agreement or release has become a challenging endeavor for a new reason. In Golden v. California Emergency Physicians Medical Group, the U.S. Court of Appeals for the Ninth Circuit added another source of concern to those employers who deploy “no re-hire” provisions in releases. Following Golden, a fact-intensive inquiry may be required into the particular provision to determine if it constitutes “a restraint of a substantial character,” — here, whether or not there was a restraint of a substantial character of Dr. Golden’s medical practice. And, given the Ninth Circuit’s reading of California law, Golden may also have implications well beyond the employment context, possibly extending to certain commercial contracts as well, to the extent they can be said to restrain anyone from engaging in a lawful profession, trade or business.
Continue Reading Ninth Circuit Broadens California Rule Against Non-Competes

With Adam Braun

When the Illinois General Assembly adjourned the 2013 Spring Session on May 31st, it set the stage for substantial changes to Illinois employment law. The General Assembly sent six employment law related bills to Governor Pat Quinn while leaving one major piece of unfinished business on its agenda. Illinois employers should be…