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BT Currents - Hot Topics in Employment Law

10 Feb UNPAID INTERNS –DOES THE Second CIRCUIT’S AMENDED OPINION IN FOX SEARCHLIGHT HELP OR HURT EMPLOYERS?

  Hearst Corporation, publisher of such magazines as Cosmopolitan, ELLE and Harper’s BAZAAR, has filed a motion for summary judgment against the claims of former unpaid interns seeking unpaid minimum wages and overtime based on a recent Second Circuit opinion in the Glatt v. Fox Searchlight Pictures, Inc., case. As we have covered in a number of prior blog posts (2013 and 2014), there have been a variety of class action claims filed by unpaid interns in the movie and publishing industries where thousands of individuals…

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22 Dec DOJ Announces that Criminal OSHA Prosecutions May Also Include Felony Environmental Crimes

On Dec. 17, the Department of Justice (DOJ) announced that criminal prosecutions under the Occupational Safety and Health Act (OSHA), the Mine Safety Act, the Migrant and Seasonal Agricultural Protection Act and the Atomic Energy Act are being moved to the Environmental Crimes Section of the DOJ’s Environment and Natural Resources Division.   Currently, under the OSH Act, an employer can only be prosecuted for criminal penalties in cases where the employer commits a “willful” violation of OSHA regulations resulting in the death of an…

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10 Nov OSHA FINES COULD INCREASE OVER 80% NEXT YEAR

Congress recently passed the budget agreement which contained a provision which permits OSHA to raise fines significantly starting in August 2016.  The law permits a one-time “catch up” increase up to 82 percent, since fines have not been raised since 1990. This “catch-up” amount is tied to the inflation rate from 1990 to 2015.  After that, the maximum penalties would increase with the inflation rate every year.   This would have the following effect:   Citations Current Max. With “Catch-Up” Increase Other than Serious Up…

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05 Oct Nearly 40 Percent of Mandatory Reports to OSHA Lead to Inspection

As we previously noted in late 2014, OSHA implemented a new mandatory reporting requirement which would require employers to report to OSHA within 24 hours if a single employee was hospitalized overnight. Previously, an employer was only required to report this if three (3) or more employees were hospitalized overnight. The new regulations also required the mandatory reporting of any amputation or loss of an eye within 24 hours. As before, workplace fatalities have to be reported within eight hours. These new regulations became effective…

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24 Aug DOL TO CONSIDER RULE ON PORTABLE ELECTRONIC DEVICES OUTSIDE OF WORKING HOURS

Perhaps in anticipation of the greater number of non-exempt employees as a result of the proposed increase in salary for exempt employees, the Department of Labor (DOL) has announced that it will be seeking public input on the question of employees’ use of portable technology outside their workplace and normal working hours. This was introduced as a part of the DOL’s Spring 2015 regulatory agenda and it is anticipated that they will issue this public request for information by the end of the month.  …

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