Category Construction & Commercial Blog

Keeping You Informed

Employers: Are You Ready For OSHA’s New Respirable Crystalline Silica Standard?

By: Maital Savin, Associate OSHA recently issued a final rule on crystalline silica exposure. (§1926.1153). Beginning in June 2017 for the construction industry and June 2018 for the maritime and general industry, employers that engage in silica generating applications, such as cutting, grinding, drilling or breaking concrete and/or masonry, must fully comply with the new standard and have a written…

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Overtime Rules To Go Into Overtime

As we reported in our July and November 2016 newsletters, the U.S. Department of Labor (DOL) previously released regulations which would significantly impact employers’ responsibility to pay overtime wages by requiring employers to pay overtime to employees who earn less than $913 week. The regulations were scheduled to take effect on 12/1/16. However, various groups filed challenges to the regulations…

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New OSHA Reporting Requirements To Take Effect 12/1/16

By: Maital Savin, Associate In our July 2016 newsletter, we advised you that Occupational Safety and Health Administration (OSHA) recently published a new rule regarding workplace injury reporting, the first phase of which was originally scheduled to take effect on 8/10/16.  Shortly thereafter, a number of employers and employer groups filed suit challenging OSHA’s new rule with the US District…

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Well-Documented Support For Termination May Overcome Discrimination Claim

By: Storrs Downey, Capital Member While it is not the only factor a court looks at, where an employer has a written history of ongoing disciplinary reports on an employee, this can be quite helpful in potentially defeating a claim of discrimination. In  Simpson v. Franciscan Alliance, Inc., 2016 WL 3536669 (7th Cir. 6/28/16), the Seventh Circuit affirmed the lower…

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Increased Misclassification Litigation Stresses Importance Of Proper Worker Classification

Storrs Downey and Maital Saving: INCREASED MISCLASSIFICATION LITIGATION STRESSES IMPORTANCE OF PROPER WORKER CLASSIFICATION

By: Storrs Downey & Maital Savin With an increasing number of misclassification suits filed against high profile companies such as Uber and FedEx, many businesses are concerned that they will be the next to make headlines. Every business that uses independent contractors has potential exposure for worker misclassification litigation. Worker classification issues are not new, but have become more prevalent…

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Employers Beware: Provide Reasonable Accommodations To Employees Who Have Caregiving Responsibilities Or Face Costly FRD Claims

By: Jim McConkey, Of Counsel A recent study conducted by the Center for WorkLife Law at the University of California Hastings College of the Law provides eye-opening statistics of which employers in all industries should be aware. The study, “Caregivers in the Workplace: Family Responsibilities Discrimination Litigation Update 2016,” details dramatic increases in litigation relating to employees who have caregiving…

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Uber’s Legal Battle Over Drivers Continues

By: Maital Savin, Associate Last month, Uber settled two class action lawsuits with its drivers in California and Massachusetts for $100 million, allowing Uber to continue treating those drivers as independent contractors. Of course, the settlement left the million-dollar-question (or more accurately, the billion-dollar-question) of whether its drivers are employees or independent contractors unanswered. Uber now faces yet another class action…

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7th Circuit Finds Class Action Waivers Unenforcable

By: Maital Savin, Associate On 5/26/16, in Lewis v. Epic Systems Corp., 15-cv-02997, the Seventh Circuit held that class action waivers in arbitration agreements are unenforceable, creating a circuit split. In Lewis v. Epic, the arbitration agreement at issue provided that employees waived “the right to participate in or receive money or any other relief from any class, collective, or…

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5 Ways To Help Address Employment Issues

By: Storrs Downey, Capital Member Keeping employment issues out of courts and administrative agencies is certainly something employers should strive for. The following are effective ways to reduce litigation and minimize exposure once a suit or claim has been filed. 1/Early Intervention Once you learn of an employee complaint of alleged harassment, discrimination or unfair treatment, promptly investigate the matter…

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DOL Issues Joint Employer Guidance

By: Maital Savin, Associate On 1/20/16, the U.S. Department of Labor (DOL) issued guidance on joint employment under the Fair Labor Standard Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). This new guidance aggressively expanded the definition of employment to include arrangements that employers may not commonly view as employment relationships, increasing employers’ exposure for wage…

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