Which means the rule will be enforced starting day after tomorrow, December 1.
Judge Sam A. Lindsay of the Northern District of Texas found in TEXO ABC/AGC, Inc. v. Perez that the plaintiffs challenging the rule had failed to show that they would suffer irreparable harm if the rule was not preliminarily enjoined. He also found that the plaintiffs had failed to show that the balance of ...
Effect of Election 2016 on labor and employment law. We asked our practice group heads and some thought leaders to tell us how they think employers will be affected by a Trump Administration on specific labor and employment law issues. This client bulletin is packed with prognostication about what we may see in the areas of affirmative action and OFCCP compliance, litigation and ...
Our crack Workplace Safety team has a bulletin explaining the new guidance from the Occupational Safety and Health Administration on its "Reasonable Reporting Procedures" rule, less catchily known as §1904.35(b)(1)(iv). The good news is that OSHA's restrictions on post-incident drug testing are fairly mild. But there are many unanswered questions about how the rule will ...
The last Retailer of 2016 is out! With Black Friday approaching, Toby Dykes of our Birmingham Office has a great feature on crowd dynamics and OSHA's guidance on how retail employers can keep their employees safe during the busiest shopping season of the year.
We also have graphics showing retailers' projected earnings and hiring plans for the holidays, and "bite-size ...
The Occupational Safety and Health Administration has delayed for a second time the enforcement date of its new "Reasonable Reporting Procedure" rule as it pertains to post-accident drug testing and safety incentive programs. The new enforcement date for the rule is December 1.
The rule was scheduled to take effect on August 10, and then OSHA extended the ...
Roberts v. Clark County (NV) School District involved a female-to-male transgender police officer. Although the School District later changed its policy, when Bradley Roberts first told the District in 2011 that he was presenting as a male, he was told that he could not use the men's room until he submitted proof of gender reassignment surgery. But he wasn't allowed to use the ...
The U.S. Department of Labor and U.S. Steel have settled their OSHA retaliation lawsuit over the suspension of two employees who failed to comply with the company's "Immediate Reporting Policy," which required employees to report workplace injuries and illnesses . . . immediately. That's nice, but it's even nicer that the settlement, which is publicly available, includes a new ...
Is a former employee stealing your data so that he can start competing with you? Can he get around his obligations by borrowing a password, or by having his partners in crime do it? You may have a friend in the federal Computer Fraud and Abuse Act. Billy Hammel of our Dallas Office and Susan Bassford Wilson of our St. Louis Office have a good breakdown of the recent decision in United States ...
A number of employers and employer groups -- including the National Association of Manufacturers and Associated Builders and Contractors, Inc. -- filed suit last week in a federal court in Texas seeking to block parts of the new OSHA rule set to take effect in August.
UPDATE (7/14/16): OSHA has announced that it is going to delay enforcement of the anti-retaliation provisions of its ...
Well, maybe not light reading, but good reading about good news that you won't want to miss! Here are our bulletins and other publications from the last week, in case you missed them:
*Heather Owen is already shooting off Fourth of July fireworks at the FOCUS women's leadership blog because our firm was named this week by the National Law Journal as the fourth best law firm in the ...
Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act).
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