Check Your Arbitration Agreements: The Supreme Court Handed Workers A Big Win

In a unanimous opinion, with Justice Ginsburg concurring, the U.S. Supreme Court held that an exemption under the Federal Arbitration Act (“FAA”) applies to contracts with independent contractors. The FAA generally requires courts to enforce private arbitration agreements. But the … Continue reading

Posted in Arbitration, Class Action, Independent Contractor | Tagged , ,

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H-1B Employment Visa Lottery for 2019!

On April 1, 2019, U.S. Citizenship and Immigration Services (USCIS) will start accepting H-1B visa petitions for the next fiscal year with a start date of October 1, 2019. The H-1B program allows companies in the United States to temporarily … Continue reading

Posted in Hiring, Immigration | Tagged , ,

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Picketing Threats

Letters from unions to owners, general contractors, and other contractors informing them of the union’s dispute with one or more of the subcontractors, working at a common construction project site (or common situs), and of the union’s  plans to engage … Continue reading

Posted in NLRA, NLRB, Unions | Tagged ,

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California Meal and Rest Break Rules Are Preempted by Federal Law for Property-Carrying Truck Drivers

The Federal Motor Carrier Safety Administration (“FMCSA”) recently ruled that California’s meal and rest break rules are preempted by the Motor Carrier Safety Act (“MCSA”), 49 U.S.C. § 31141, as applied to property-carrying commercial motor vehicle drivers covered by the … Continue reading

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A Working Interview? You’d Better Pay Me

Recently, the United States District Court for the Middle District of Tennessee approved a permanent injunction and order filed by the United States Department of Labor’s (“DOL”) Office of the Solicitor against a dental practice based in Nashville. In so … Continue reading

Posted in DOL, FLSA, Minimum Wage, Pay | Tagged ,

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OSHA Updates (Part 3) – Are You Entering Injuries on OSHA 300 Logs Within Seven Days?

In a recent Occupational Safety and Health Administration (“OSHA”) case, OSHA issued a serious, willful citation for an employer’s failure to log an employee injury on its OSHA 300 log within seven days. In this case, the employee was injured … Continue reading

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OSHA Updates (Part 2) – OSHA Clarifies Position on Incentive Programs and Drug Testing

The Occupational Safety and Health Administration (“OSHA”) published its Final Rule on May 12, 2016 regarding safety incentive programs and post-incident drug testing. However, recently, OSHA published a clarification of its Final Rule on these two topics. OSHA’s main purpose … Continue reading

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OSHA Updates (Part 1) – OSHA 300 Logs: Not Enough to Expand Inspection

In a recent Eleventh Circuit Court of Appeals decision, the Court found that the Occupational Safety and Health Administration (“OSHA”) 300 recordable injury and illness log does not, by itself, establish the existence of an OSHA violation in a workplace. … Continue reading

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Irish Citizens Get Access to Unused Australian E-3 Work Visas

H.R. 7164, passed by the House of Representatives recently, proposes to provide Irish workers with access to the coveted E-3 visa program. The bipartisan Bill seeks to provide Irish citizens with access to any unused E-3 visas from the prior … Continue reading

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Can California Payroll Companies Be Held Liable for Wage Statement Claims?

California law provides that a payroll service provider cannot be held liable for labor code violations –  but, a California appeals court recently held that employees may pursue tort claims against payroll service providers under a theory that the payroll … Continue reading

Posted in California, Labor, Pay | Tagged , , ,

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