Posts tagged Walter Winchell.

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 ...

The U.S. Department of Labor and U.S. Steel have settled their OSHA retaliation lawsuit over the suspension Hot Dog Man.flickrCC.JeleneMorrisof two employees who failed to comply with the company's "Immediate Reporting Policy," which required employees to report workplace injuries and illnesses . . . immediately. That's nice, but it's even nicer that the settlement, which is publicly available, includes a new ...

Is a former employee stealing your data so that he can start competing with you? Can he get around his obligations by borrowing a password, or by having his partnersHot Dog Man.flickrCC.JeleneMorris in crime do it? You may have a friend in the federal Computer Fraud and Abuse Act. Billy Hammel of our Dallas Office and Susan Bassford Wilson of our St. Louis Office have a good breakdown of the recent decision in United States v ...

A number of employers and employer groups -- including the National Association of Manufacturers and Associated Builders and Contractors, Inc. -- filed suit last week in a federal court in Texas seeking to block parts of the new OSHA rule set to take effect in August.

UPDATE (7/14/16): OSHA has announced that it is going to delay enforcement of the anti-retaliation provisions of its ...

Well, maybe not light reading, but good reading about good news that you won't want to miss! Here are our bulletins and other publications from the last week, in case you missed them:

*Heather Owen is already shooting off Fourth of July fireworks at the FOCUS women's leadership blog because our firm was named this week by the National Law Journal as the fourth best law firm in the ...

"Do this, don't do that, can't you read the rules . . ."*

Of course, the mega-topic this week was the U.S. Department of Labor's Final Rule on white-collar exemptions to the overtime provisions of the Fair Labor Standards Act. Ellen Kearns, co-chair of our Wage and Hour Practice Group, wrote a great Client Bulletin on the Rule, taking a complex subject and explaining it in a pithy and ...

Who's been naughty and who's been nice in labor and employment law? Here are my picks for 2015. Feel free to add your own in the comments.

NAUGHTY!

MeanSanta.flickrCC.RichardElzey
Santa is not impressed.

The National Labor Relations Board, for being naughty in too many ways to mention. Its rules on employer handbook policies, including confidentiality and social media, are unrealistic and almost impossible for ...

NOTE FROM ROBIN: This is the second in a series by David Smith of our Occupational Safety and Health Practice Group on some of the latest developments from the agency. 

David Smith
David Smith

Last week, I posted about OSHA's expected final rule on a public database of workplace injuries and illnesses. While that expected rule would require employers to submit their injury and illness records to ...

By David Phippen of our Metro D.C. Office.

While the year is still young, here are 15 New Year's resolutions that employers may want to make:

1. Make sure your "independent contractors" are really independent contractors. "Independent contractors" are under scrutiny by the Internal Revenue Service, the U.S. Department of Labor, the National Labor Relations Board, state and local agencies, plaintiffs' lawyers, and union organizers. A misclassification can cost you back taxes, back pay (including overtime), and back benefits, as well as penalties and interest. 

2. Review your email policies. The NLRB recently found that employees generally have a right to use employer email systems during non-working time in support of union organizing and concerted activity. The Board's decision means that many employer email use policies, as currently drafted, would probably be found to violate the National Labor Relations Act if an unfair labor practice charge were filed or a union tried to organize employees and argued that the employer's email policy interfered with the organizing efforts. In light of the new "quickie election" rule that the NLRB issued last month, both union and non-union employers would be well advised to review their email policies and revise as needed. (The "quickie election" rule is scheduled to take effect on April 14, but the U.S. Chamber of Commerce and other employer groups, including the Society for Human Resources Management, filed suit on Monday seeking to block the rule.)

It's not too late to register for our webinar on the NLRB's new rules on "quickie elections" and employee email use. The webinar, featuring labor attorneys Tim Davis, Jonathan Martin, and Dan Murphy, is from noon to 1 p.m. Eastern tomorrow (January 8). Be there, or be square! 

David Smith of Constangy’s OSHA practice group is co-author of this post.

The federal Occupational Safety and Health Administration and the Federal Motor Carrier Safety Administration are tag-teaming transportation employers. They’ve signed a Memorandum of Understanding in which they agree to share information about allegations of safety, coercion, and retaliation.

Tag Team-ROH_Wrestling's_Greatest_Tag_Team
The ...

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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