Yikes. I hope I haven't missed anybody. Wild week!

We hope that the immigrant strikes are about over by now, but they may continue into today, and a women's strike is reportedly set for March 8. Do employers have any recourse when their employees go out on strike? It depends. If the strike is "protected concerted activity" (and it may be), then employers will need to tread carefully and ...

NOTE FROM ROBIN: A portion of Jill's remarks below appeared Tuesday morning in Law360 (paid subscription required).

Notwithstanding what might happen over the next four (or eight) years, there is no question that President Barack Obama has left his mark on labor and employment law in some very important ways. Even if President-Elect Trump’s administration and the ...

Judge Amos Mazzant, who preliminarily enjoined the U.S. Department of Labor overtime exemption rule in November, has now refused to stay (postpone) further proceedings in the case.

In-depth analyses of the impact of Judge Mazzant's preliminary injunction decision are available here and here.

Denial of the stay means that Judge Mazzant could issue a final decision any time, even ...

The November edition of ConstangyTV's Close-Up on Workplace Law tackles workplace holiday parties, the legal risks, and how to minimize those risks. Host Leigh Tyson interviews Gary Wheeler of our Jacksonville Office about what employers should and shouldn't do. If you haven't already done so, please subscribe to our YouTube channel.

The new, improved I-9 form. Elizabeth Joiner

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 ...

NOTE FROM ROBIN: As I posted last night, the U.S. Department of Labor Overtime Rule, which would have taken effect a week from tomorrow, has been preliminarily enjoined. I am re-posting here a client bulletin by Jim Coleman, co-chair of our Wage and Hour Compliance and Litigation Practice Group, and me. This went out to our clients this morning.

The new regulations that ...

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 ...