On May 12, 2016, the Occupational Safety and Health Administration (“OSHA”) issued a final rule on electronic reporting of workplace injuries and illnesses. In addition to other requirements, the final rule requires employers to implement reasonable procedures to ensure that employees report work-related injuries and illnesses. In the process, OSHA […]
Labor & Employment Law Update
UPDATE—Action May Be Required Prior to July 1 To Secure Exemption From New DOL Persuader Rule Reporting Requirements
The U.S. Department of Labor recently changed the rule governing the obligation of private-sector employers and third-party consultants (including attorneys) to report “arrangements or agreements” between them where “an object” of the consultant’s/attorney’s services is to persuade employees in the exercise of their rights to be represented by a union […]
FMLA Updates
DOL Issues Employer Guide The Department of Labor (“DOL”) recently released “The Employer’s Guide to the Family and Medical Leave Act.” The DOL’s intent with the Guide is “to provide essential information about the FMLA, including information about employers’ obligations under the law and the options available to employers in […]
The Eighth Circuit Finds Obesity Unrelated to Physiological Condition is Not a Disability under the ADA
The United States Court of Appeals for the Eight Circuit recently found that BNSF Railway Company (“BNSF”) did not violate the Americans with Disability Act (“ADA”) when BNSF refused to hire an applicant on the basis of his obesity. The ADA defines disability as a physical or mental impairment that […]
Supreme Court Sets Accrual Date For Federal Employee Constructive Discharge Claims
On May 23, 2016, the United States Supreme Court issued its opinion in Green v. Brennan, 578 U.S. ___ (2016), settling a split amongst the Circuit Courts and establishing the date from which the statute of limitations begins to run for a federal employee’s claim of constructive discharge under Title […]