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Under two amendments to its law regulating consecutive hours of work for nurses (Labor Law Section 167), New York has established monetary penalties for violations of the law and placed reporting requirements and other restrictions on healthcare employers that require nurses to work beyond their regularly scheduled hours.
The Occupational Safety and Health Administration’s (OSHA) Directorate of Construction Director Scott Ketcham gave a review of the agency’s focus on the construction industry at the American Bar Association’s 2023 Midwinter Meeting of the Workplace and Occupational Safety and Health Law Committee on March 10, 2023.
On Feb. 15, 2023, the Ninth Circuit in Chamber of Commerce v. Bonta issued its ruling on the ongoing question of Assembly Bill (AB) 51’s enforceability in relation to arbitration agreements, where the court once again affirmed that the Federal Arbitration Act (FAA) preempts AB 51.
The National Labor Relations Board returned to its prior standard for analyzing the legality of disciplining employee misconduct related to protected concerted activity.
The California Supreme Court will soon hear oral argument on the much-anticipated Adolph (Erik) v. Uber Technologies, Inc., (Uber), accepting Justice Sotomayor’s invitation in Viking River Cruises to have the “last word” on whether an employee forced to arbitrate their individual Private Attorneys General Act (PAGA) claims maintains statutory standing to pursue PAGA claims on a representative basis within the court system, based on violations other employees suffered.
The National Labor Relations Board (NLRB) has returned to its pre-2020 “setting-specific” standards for determining whether an employee’s abusive conduct is protected by the National Labor Relations Act.
On Jan. 10, 2023, New Jersey Gov. Phil Murphy signed legislation (P.L. 2023 c.142) that implements the long-delayed 2020 amendments to New Jersey’s mini-WARN Act, the Millville Dallas Airmotive Plant Job Loss Notification Act (NJ WARN).
On April 28, 2023, USCIS released the highly anticipated numbers relating to this year’s H-1B cap registration held in March.
The U.S. Department of Labor (DOL) Office of Foreign Labor Certification (OFLC) recently held webinars to guide users on upcoming changes to the Form ETA 9089.
As restaurants emerge from the COVID-19 pandemic, employers in the industry continue to face new challenges with organizing activity on the rise and new generations leading the charge.
Most employment-based permanent residency applications require the applicant to go through the PERM labor certification process where the U.S. Department of Labor (DOL) certifies that there are not sufficient U.S. workers able, available, and qualified to fill a position.
On May 18, 2023, the United States Supreme Court issued its long-awaited decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, a case that presented the Court with an opportunity to bring clarity to the often highly subjective standards lower courts apply when deciding the issue of fair use of visual works of art under copyright law.
It is more important than ever that employers understand the serious long-term, non-monetary consequences of settling or accepting Occupational Safety and Health Administration (OSHA) citations.
A new Washington law regulating employers’ use of production quotas or production standards for employees working at warehouse distribution centers (House Bill 1762) will go into effect on July 1, 2024.
As a part of the Consolidated Appropriations Act, 2023 (CAA), Congress passed new exceptions to the Physician Self-Referral Law (Stark Law) and the federal Anti-Kickback Statute (AKS) allowing certain healthcare entities to provide mental health or behavioral health improvement and/or maintenance programs to physicians and other clinicians.
On May 17, 2023, the Texas Senate approved Senate Bill No. 14 (SB 14), prohibiting physicians from providing gender-affirming medical care to minors experiencing gender dysphoria (distress that results from having one’s gender identity not match one’s sex assigned at birth).
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