Labor and Employment

U.S. Labor Law Pitted Against Tribal Sovereignty In Union Suits

Three separate lawsuits have pitted the National Labor Relations Board’s authority against the sovereignty of Native American tribes. The cases […]

Dodd-Frank Splits Courts on Granting Whistleblower Protections

The Eight Circuit Court of Appeals is set to take up a case that could set important precedence on whether or not a whistleblower must appeal directly to the U.S. Securities and Exchange Commission to receive protections under Dodd-Frank, an issue split in lower courts.

Joint Employer: When Is A Company Considered The Employer Of Another Company’s Employees?

Using an Oklahoma case as an example, Charlie Plumb with McAfee & Taft explains how to avoid unwittingly becoming an employer for another company’s employees.

Health Care Provider Personally Liable for $1.1 Million Due to Improper Payroll Deductions from Foreign National Employees

The owner of a medical clinic that improperly deducted the cost of H-1B visas and J-1 waiver fees from wages of foreign workers was found personally liable for back pay and fines by the Sixth Circuit Court of Appeals.

Positive Drugs Tests On The Rise

The rate of positives has increased for the first time in ten years, with increased consumption of marijuana and amphetamines said to account for much of the surge.

California Mandates Paid Sick Leave

Employers in California will be required to provide paid sick leave under a bill signed by Gov. Jerry Brown (D) […]

NLRB Clarifies Limits On Employee Social Media Speech

The National Labor Relations Act protects the right of employees to organize and engage in other activities “for the purpose […]

CA Supreme Court: Franchisor Off The Hook In Employee Harassment Case

The California Supreme Court has ruled that franchisor Domino’s Pizza was not liable in a case involving sexual harassment of […]

If a Tree Falls on the Internet … An Insurer Has a Duty to Defend

Confidential information posted online is enough to trigger claims for data privacy, even if no one reads it, a Virginia federal court found in a case where patients uncovered their own medical records using a simple Google search.

OSHA To Refer Untimely Whistleblower Complaints to the NLRB

OSHA’s Assistant Secretary of Labor has pressed Congress to extend the 30-day statute of limitations for whistleblower complaints, but until then the agency said it plans to refer complaints filed after that time period to the NLRB.

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