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BT Currents - Hot Topics in Employment Law

09 Dec Fifth Circuit Agrees to Expedite Appeal on Overtime Rule Injunction

  The U.S. Court of Appeals for the Fifth Circuit has announced the briefing schedule in the overtime rule appeal being closely watched by both employers and employees alike. In November, U.S. District Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction blocking the Department of Labor’s (DOL) overtime regulations that would have increased the salary threshold underlying the executive, administrative and professional exemptions. This injunction was issued just days before the Dec. 1 effective…

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08 Dec OSHA Contemplates Workplace Violence Standard for Healthcare, Social Assistance Workers

  On Dec. 7, Occupational Safety and Health Administration (OSHA) published a Request for Information (RFI) as to whether a standard should be developed to address workplace violence in the healthcare and social assistance sectors. The RFI specifically seeks information on issues that might be considered in developing a standard, including its scope and the types of controls that might be required.   In issuing this RFI, OSHA explained that workplace violence in the healthcare and service assistance industries is substantially higher than in all…

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01 Dec 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 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 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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