Labor Law Updates

Keeping you current on the ever changing labor laws

OSHA

The Occupational Safety and Health Administration (OSHA) has pulled back a controversial guidance letter authorizing union officials to act as employee representatives for non-unionized workplaces during OSHA inspections. Under the Occupational Health and Safety Act, a representative of the employer and a representative authorized by employees are allowed to accompany a Compliance Safety and Health Read more

Criminal History

On March 22, 2017, House Bill 156 was signed by Utah Governor Gary Herbert. The law, also known as “Reducing Barriers to Employment for Individuals with Criminal Records” prohibits public employers from excluding a job applicant from an initial interview because of a criminal conviction. As defined in the text of the law, a public Read more

Tennessee Veterans' Preference

Veterans Day won’t be observed until November 11, but veterans are already having their day in the state of Tennessee! As of March 22, 2017, private employers who wish to establish a preferential hiring policy for veterans may do so under a new state law. Although a similar bill failed back in 2015, during the Read more

Massachusetts employers are now required to apply the “relieved of all work duties” standard when determining if an employee’s meal break is non-compensable. In Devito v. Longwood Security Services Inc., the Massachusetts Superior Court held that meal breaks are “working time,” unless the employee is relieved of all work-related duties during the break. The Plaintiffs, security officers Read more

Colorado Wage Theft

Good news for workers and the employers who pay them what they’ve earned! On April 13, 2017, Colorado Governor John Hickenlooper signed the Wage Theft Transparency Act into law. The Wage Theft Transparency Act makes information relating to wage violations accessible to public records requests in order to protect workers from wage theft and law-abiding Read more

On April 6, 2017 the Chamber of Commerce for Greater Philadelphia filed a lawsuit against the City of Philadelphia and Philadelphia Commission on Human Relations, arguing that the Philadelphia Wage Equity Ordinance violates businesses’ freedom of speech. Our readers may remember that Philadelphia Mayor Jim Kenney signed this new legislation in January and is scheduled Read more

The District of Columbia routinely enacts emergency, temporary and clarification laws to tie up loose ends in existing laws. The most recent example is the Wage Theft Prevention Clarification and Overtime Fairness Amendment Act of 2016 (WTPCOFAA) which went into effect this month. The legislation details wage theft administrative and judicial procedures, increases penalties for Read more

In the wake of the Arizona Supreme Court’s rejection of a bid to block the state minimum wage increase, the Flagstaff City Council reconvened to slow down the city minimum wage’s impending leap above the state rates. Flagstaff’s Proposition 414 was intended to raise the city minimum wage to $15 by the year 2021, starting Read more

Employees in the state of New York are now free to discuss their compensation in the workplace. The New York Department of Labor (NYDOL) has adopted new regulations that help clarify standards for limitations on inquiry, discussion, or disclosure of wages between employees. Under the regulations, employers cannot prohibit employees from inquiring about, discussing, or Read more