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01 Dec 2016 California Approves Strongest Standard for Prevention of Violence Against Health Workers

  On Oct. 21, after close to two years of work, regulators within the California Division of Occupational Safety and Health Administration (Cal/OSHA) approved a standard that should reduce workplace violence against healthcare workers by requiring hospitals and other employers of health professionals to develop violence prevention protocols in conjunction with the healthcare workers. Workers in healthcare and social assistance were involved in 52 percent of workplace violence incidents in 2014, according to Bureau of Labor Statistics data, and rates of workplace violence incidents increased…

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29 Nov 2016 The World According to Trump: Trump’s Potential Impact on OSHA

  As we have noted in a number of different blog posts since the election, there are a variety of ways that the new Trump administration could affect many different areas related to labor and employment law. In this post, we are going to look into our crystal ball to give you our best prediction regarding some of the ways we anticipate President-Elect Trump will change the course of current and pending Occupational Health and Safety Administration (OSHA) regulations as well as the administration of…

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23 Nov 2016 EEOC Issues New Guidelines on National Origin Discrimination

  Earlier this week, the Equal Employment Opportunity Commission (EEOC) issued new guidelines on national origin discrimination. These extensive guidelines, which update those issued in 2002, define what constitutes national origin discrimination under Title VII of the Civil Rights Act and provide more than 30 examples as well as “promising practices” that can help employers avoid such discrimination. Title VII is wide-reaching, applying to employers with 15 or more full- or part-time employees.   The new guidelines offer the following definition of national origin discrimination:…

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22 Nov 2016 December 1 Overtime Rule Blocked Texas Court GRANTS 21-State Emergency Motion for Preliminary Injunction

  At the eleventh hour, U.S. District Judge Amos Mazzant of the East District of Texas ruled in favor of 21 states and issued a nationwide injunction against the U.S. Department of Labor (DOL) and its efforts to radically expand the coverage of the Fair Labor Standards Act (FLSA). Specifically, per the order issued in State of Nevada v. United States Department of Labor on Nov. 22:   “… the [DOL’s] Final Rule described at 81 Fed. Reg. 32,391 is hereby enjoined. Specifically, Defendants are…

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21 Nov 2016 Using an Employee’s Social Media Posts to Prove Laziness? Think Again

  Is it permissible for an employer who is subject to an unpaid overtime claim to request an employee’s social media postings over a three-year period? The U.S. District Court for the Middle District of Florida found such requests to be overly broad, unduly burdensome and unreasonable.   A sales representative sued her employer for uncompensated off-the-clock work. During discovery, the employer, Orange Lake Country Club, requested the following information from the employee:   All online profiles, postings, messages (including, without limitation, tweets, replies, retweets,…

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18 Nov 2016 The World According to Trump: Executives Behaving Badly

  After the watershed election of last week, many people’s emotions are in overdrive. Sadly, some people go too far and unfortunately, some of those people are company executives.   Consider the following tweets from the CEO of tech company PacketSled:   “I’m going to kill the President [] elect.” “Bring it secret service.” “Getting a sniper rifle and perching myself where it counts. Find a bedroom in the whitehouse that suits you motherf***er. I’ll find you.”   Perhaps unsurprisingly, the company dismissed the CEO…

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17 Nov 2016 The World According to Trump: Could the Obama NLRB’s Pro-Union Rulings be Undone?

  There is no shortage of buzz going around about what impact President-elect Donald Trump might have at the National Labor Relations Board. Does Trump’s election mean the Board’s controversial decisions (e.g. Browning-Ferris, D.R. Horton) of the past eight years will be undone? As my colleague Jerry Lutkus blogged earlier this week, it is likely that Trump quickly will move to change the composition of the Board to a Republican—and thus more pro-employer—majority. However, a change in the composition of the Board does not equal…

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North Portico of the White House. Washington DC. The White House is the official residence and principal workplace of the President of the United States, located at 1600 Pennsylvania Avenue. Beautifully landscaped lawn with flowers and fountain is in foreground. Deep blue clear sky is in background. American flag is flying atop. The image lit by spring evening sun. Canon 24-105mm f/4L lens.
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16 Nov 2016 The World According to Trump: Revenge of the Pen – Overturning Obama’s Executive Orders and Employment Policies

  As my teenage daughter would say: “Well, that happened.” As I write this, a little over one week has passed since the end of days, the rain of frogs or whatever apocalyptic description you may choose to describe the election of Donald Trump as the 45th President of these United States. Considering that the Chicago Cubs just won the World Series only a short time beforehand, one may be excused from thinking that the end of time is, indeed, at hand.   There can…

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15 Nov 2016 The World According to Trump: Trump’s Impact on Traditional Labor

  The NLRB has been a quintessential symbol of organized labor in the United States. Under President Obama, the NLRB’s resurgent influence under President Obama breathed new life into unions, and extended its reach of employee-friendly policies into non-union businesses. What can we expect under President Donald Trump?   It is worth noting that the election statistics show President-elect Trump’s success stemmed, in part, from uncharacteristic support of union households, who were apparently determined to regain protections for the working class. Now that Trump emerged…

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14 Nov 2016 The World According to Trump: A Prologue

  What happens now? How will the election of Donald Trump affect labor and employment policy across this country? What will happen to the DOL, EEOC, NLRB, and OFCCP? If the hallmark of the Obama Administration has been Executive Branch activism, what will happen under the Trump Administration? And, what can we expect from a President Trump whose early post-election decisions appear, at least in some measure, less dramatic than his campaign rhetoric?   This week, the Barnes & Thornburg blog team will consider the…

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