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Following a massive $250 million punitive damages verdict from a Manhattan jury, Swiss pharmaceutical company Novartis has agreed to settle the remaining claims in a recent gender bias suit. Pending final approval by the district judge, the settlement would be more than $152 million and would cover the remainder of the 5,600 claims filed in […]
A proposal to increase Occupational Safety and Health Act (OSH Act) penalties now being considered by Congress will not result in any actual improvements in workplace safety and health, a representative of a coalition of employer groups testified on Tuesday, July 13, before the U.S. House of Representatives’ Committee on Education and Labor. Jonathan Snare […]
“Prison terms of up to 10 years could be imposed on officers and directors of companies that knowingly violate OSHA rules under a proposed revision to the Occupational Safety and Health Act now advancing through Congress,” reported Jim Stanley, a former Deputy Assistant Secretary of Labor, on his Workplace Safety blog. He said that the […]
A new state law imposing stringent notice requirements on Iowa employers engaging in business closings or mass layoffs goes into effect Thursday, July 1, 2010. Near the end of the 2010 session, the Iowa Legislature passed a state version of the federal Worker Adjustment and Retraining Notification (WARN) Act. Often referred to as a “mini” […]
by Julie K. Athey The U.S. Department of Labor (DOL) has released a new “administrative interpretation” (AI) that clarifies the circumstances in which an employee may take leave to care for a child for whom they act as a parent but aren’t legally recognized as such. As has been pointed out in numerous press reports […]
The U.S. Department of Labor (DOL) is expected to issue guidance on Wednesday that will grant expanded Family and Medical Leave Act (FMLA) rights to gay and lesbian employees. The development, however, may not be as dramatic as it sounds. Initial overnight reports made it appear that the Obama administration was expanding the FMLA to […]
Today, in a 5-4 opinion, the U.S. Supreme Court outlined a new rule that employers must consider in disputes over the validity of arbitration agreements. More specifically, the Court had to determine whether under the Federal Arbitration Act, an arbitrator or a court has the authority to determine whether an arbitration agreement is enforceable, and […]
This morning, the U.S. Supreme Court issued a surprising 5-4 decision holding that the previously short-staffed National Labor Relations Board (NLRB) acted without authority over the two years it had only two members. As a result, more than 500 opinions decided by that Board are now invalid and will need to be readdressed. In addition […]
Today, the U.S. Supreme Court held that a public employer did not violate an employee’s constitutional privacy rights by searching his personal (and often sexually explicit) text messages that were sent and received on his employer-issued pager. The Backstory The City of Ontario, California, issued pagers that could send and receive text messages to Ontario […]
Continuing the recently established practice of issuing broadly applicable “Administrator Interpretations” in lieu of wage and hour opinion letters, U.S. Department of Labor (DOL) Deputy Administrator Nancy Leppink has released the second Administrator Interpretation of 2010. The interpretation, issued June 16, clarifies the definition of “clothes” under the Fair Labor Standards Act (FLSA), addressing some […]