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Ninth Circuit Says Age Discrimination Laws Apply to Public Employers of Any Size

In Guido v. Mount Lemmon Fire District, the Ninth Circuit Court of Appeals held that the Age Discrimination in Employment Act (ADEA) applies to public employers of any size.

John Guido and Dennis Rankin were hired by Mount Lemmon Fire District (in Arizona) in 2000. They served as fire captains until June 15, 2009, when they were laid off. At the time of the layoffs, Guido was 46 and Rankin was 54 years of age. They were the oldest employees at the Fire District. In April 2013, the two sued their former employer for age discrimination. More ›

Local Services Providers Receive Clarification of Enterprise Coverage Under the FLSA

Earlier this week, the Eleventh Circuit issued rare guidance to local service providers as to which employees must be paid overtime under the Fair Labor Standards Act (FLSA). In doing so, the Court clarified the distinction between "goods" and "materials" for purposes of the ultimate consumer exception to FLSA enterprise coverage. More ›

The Second Circuit Gives Ex-Cons’ Wrongful Termination Suit A Second Chance

On May 31, 2017, the United States Court of Appeals for the Second Circuit gave two Ex-Cons a second chance at pursuing their wrongful termination suit against their employer’s client, after New York’s highest court weighed in, advising that out-of-state entities that aid or abet employment discrimination against individuals with criminal convictions may be liable under New York State Human Rights Law (“NYSHRL”). More ›

New York City Retail and Fast Food Workers Score a Win

Following in the footsteps of cities like Seattle and San Francisco, last week New York City's Mayor, Bill de Blasio, signed into law a package of "Fair Workweek" laws. The new laws will go into effect on November 26, 2017, and are aimed at ending so-called "abusive scheduling practices." More ›

Supreme Court Confirms Standards for ERISA’s Church Plan Exception

In a clear win for religiously-affiliated employers, including hospital systems and educational institutions, a unanimous Supreme Court found that a statutory exception to ERISA’s requirements for “church plans” applies to plans that are maintained by tax-exempt entities affiliated with churches in Advocate Health Care Network v. Stapleton. More ›

DOL Challenges Injury and Accident Reporting Policy Under OSHA’s Anti-Retaliation Rule

OSHA’s new anti-retaliation rule went into effect on December 1, 2016. The purpose of the new rule was to clarify what OSHA considered “the existing implicit requirement” that an employer work-related injury and illness policies be reasonable and not deter or discourage employees from reporting injuries. Since that time, employers and lawyers alike have waited to see what types of policies OSHA would target under the new rule. The Department of Labor’s recent complaint filed in the Eastern District of Wisconsin sheds some light on that question. More ›

OSHA Likely to Postpone Electronic Injury and Illness Reporting

OSHA has announced it intends to propose extending the July 1, 2017 deadline by which certain employers were scheduled to begin reporting workplace injuries and illnesses electronically, as required by OSHA's new rule.  This may not come as a surprise, as the electronic portal through which reporting is to be made has not been created.  Updates will be posted to OSHA's webpage, which you can find here, when available.  More ›

New York Crosses the Finish Line to Ban Inquiries into Applicant Wage History

On May 4, 2017, New York City Mayor Bill de Blasio signed into law, Intro No. 1253-2016, amending the New York City Human Rights Law to restrict an employer’s ability to ask job applicants about their compensation history during the hiring process. The law will take effect on October 31, 2017. More ›

Who Invited You? OSHA Reverses Itself on Fairfax Memo

OSHA recently announced it will no longer bring union representatives to inspections of non-unionized workplaces.  As a result, barring a designation by an employee (which I'll discuss further below), non-unionized employers no longer have reason to fear that an OSHA compliance officer will appear at the door accompanied by a union representative on an inspection or walk-around. More ›

House Passes American Health Care Act: Potential Impact on Employer Plans

Earlier this afternoon the House of Representatives passed the American Health Care Act (AHCA).  While the AHCA must still get through the Senate and eventually be signed by the President before becoming law, with the passage of the AHCA employers now have a first look at how the health care landscape may change under the Trump Administration. More ›

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