As most football fans know, the NFL suspended Dallas Cowboys’ star running back Ezekiel Elliott for the first six games of the 2017 – 2018 season for violating the league’s personal conduct policy. His suspension was based on accusations of domestic violence against his ex-girlfriend on five occasions in 2016. The NFL conducted an investigation into the allegations, and though Elliott was never criminally charged, the NFL found that there was “substantial and persuasive evidence” of the abuse. Based upon the investigative report, NFL Commissioner Roger Goodell issued the six-game suspension. The NFL Players Association (NFLPA) took the matter to arbitration pursuant to their collective bargaining agreement with the NFL. (more…)
As we previously reported, during the last year of President Obama’s Administration, the Occupational Safety and Health Administration (OSHA) published an amendment to its illness/injury recording keeping rule, which would have significantly changed employers’ obligations regarding reporting. In brief, among other controversial provisions, the new rule would require employers, beginning July 1, to submit their employee injury/illness data to OSHA so that the data can be published for all to see.
In an expected move, OSHA has announced that it has suspended its electronic injury and illness data submission requirement, which was set take effect on July 1. OSHA’s website now states:
OSHA is not accepting electronic submissions of injury and illness logs at this time, and intends to propose extending the July 1, 2017 date by which certain employers are required to submit the information from their completed 2016 Form 300A electronically. Updates will be posted to this webpage when they are available.
Employers may rejoice that OSHA has not indicated when or if a new deadline would be set for electronic submissions, or whether it will reverse the rule that established this public reporting of injury/illness records. OSHA may indicate its stance on the rule after a new head of OSHA is appointed.
While employers wait to see if the Trump Administration will produce a kinder, gentler National Labor Relations Board (NLRB), the NLRB is still in the business of punishing employers for workplace policies that ostensibly violate employees’ rights under the National Labor Relations Act (NLRA).
Former University of Southern California football player Lamar Dawson’s attempt to be declared an “employee” under the Fair Labor Standards Act (FLSA) was soundly defeated in federal court. Dawson brought the lawsuit on behalf of himself and a similarly situated class of Division I FBS football players in which he alleged that they should be entitled to minimum wage and overtime payments in return for their “work” generating “massive revenues” for their universities. (more…)
While President Obama’s landmark overtime expansion is pending in a Texas federal court, on May 2, 2017, the Republican House passed the Working Families Flexibility Act (H.R.1180/S.801) by a vote of 229 – 197, which would change overtime pay in the private sector, as we know it. Not one Democrat voted for the bill and Senator Elizabeth Warren called the bill a “disgrace” on Twitter. In opposition to the Act, the National Partnership for Woman & Families calls the Act “harmful, smoke-and-mirrors legislation” as it believes that the Act would set up a false choice between time and money. Why is everyone so up in arms about the Act? Let’s take a look . . .
New York City is the third jurisdiction to pass a ban on salary history inquiries, following Massachusetts and Philadelphia. Philadelphia’s law was set to take effect in May 2017, however, the constitutionality of Philadelphia’s ban was challenged when the Chamber of Commerce of Greater Philadelphia filed a lawsuit in federal court on April 9, 2017, claiming the ban deprives businesses of their First Amendment rights. Read our recent article outlining the provisions of Philadelphia’s ban. New York City’s law will take effect 180 days after the Mayor signs it, which is expected because the Mayor has expressed approval of the ban.
Think twice the next time you decide to forego the Oxford comma. For the non-grammar nerds in the room, the Oxford comma, otherwise known as the serial comma, is the comma used just before the coordinating conjunction (“and” or “or”) when three or more terms are listed. It is viewed by many as optional. Enter the First Circuit’s recent ruling regarding Maine’s overtime law. (more…)
A National General Strike has been announced for February 17, 2017 as a “peaceful display of resistance and solidarity” to protest the Trump Administration’s policies. This “strike” poses thorny legal issues for nonunion employers that are unaccustomed to dealing with “striking employees.” Purely political protests, including walking off the job and calling out, can be protected if the purpose of the protest is to impact their interests as employees through the political process. However, it is not at all clear that the National General Strike has anything to do with employment policies, and it appears to be directed to protests of the Trump administration generally.
D.C. joins 11 other jurisdictions (California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Nevada, Oregon, Vermont and Washington) in banning employers’ use of employees’ or applicants’ credit histories.
This is a brief update to the court machinations in the DOL’s appeal of the Texas Court’s decision to issue a preliminary injunction barring the implementation of the Final Overtime Rule. That appeal is now before the Court of Appeals for the Fifth Circuit, generally known as an employer-friendly circuit.