The Department of Justice has claimed its first victory in attacking “no-poach” agreements after a Nevada staffing company pled guilty and was sentenced to pay $134,000. The case arose out of a concerted effort by the Federal Trade Commission and DOJ, first announced in 2016, to target companies who enter into agreements with competitors to
Employers should be preparing to take a close look at the current status of individuals they classify as independent contractors – especially those in the Construction industry.
On October 13, 2022, the Department of Labor (“DOL”) will publish a Notice of Proposed Rulemaking to help employers and workers determine whether a worker is an employee
On October 3, 2022, the National Labor Relations Board (NLRB) ruled that employers must continue deducting union dues from employees’ paychecks, pursuant to their labor contracts, even after the contracts expire. The case is Valley Hospital Medical Center, Inc., N.L.R.B. Case 28-CA-213783 (Valley Hospital II).
Dues checkoff previously served as an exception to
It can be a disheartening fact of life for employers that, even when they do everything right and follow all applicable safety rules and regulations to the letter, employee injuries can still happen. It is also often frustrating that those injuries, even in the absence of any wrongdoing by the employer, will result in workers’
According to recent reports from the Bureau of Labor Statistics, women make up roughly 10% of jobs in the construction industry, 30% in manufacturing, and as of 2021, and 75% of healthcare and social assistance jobs.[1] Although those numbers may have dropped during the COVID-19 pandemic, women are beginning to return to the workforce
The Covid-19 pandemic has resulted in a dramatic increase in the number of employees who work remotely. According to Forbes, pre-pandemic, roughly five percent of full-time employees with office jobs worked primarily from home. According to projections, twenty- five percent of all professional jobs will be remote by the end of 2022. As such, employees
A federal judge in New York recently ruled that a FedEx driver’s claims for failure to accommodate under the Americans With Disabilities Act can proceed to trial. The court’s opinion provides helpful guidance for employers seeking to navigate the difficult issues that can arise when an employee is unable to immediately return to work after
The Federal Arbitration Act (“FAA” or the “Act”) establishes the enforceability and primacy of contracts that call for the resolution of disputes to be submitted to and decided by arbitration. Section 1 of the Act, however, provides that it shall not “apply to contracts of employment of seamen, railroad employees, or any other class of
The recent spate of mass shootings in the U.S. is understandably causing many employers to re-examine their workplace weapons policies. As with all workplace issues, however, employers should be careful to make sure their policies comply with applicable laws. Ohio law, for example, has for years prohibited employers from banning firearms and ammunition from their
A string of recent inquiries from clients and colleagues suggests that it might be a good time to post this reminder: for the Ohio BWC, a drug-free workplace still means a marijuana-free workplace.
Under the BWC’s Drug-Free Safety Program (DFSP), sometimes also referred to as its Drug-Free Workplace Program (DFWP), Ohio employers can qualify for