Tag Archives: GT Insight

D.C. Circuit to Take on OSHA Authority to Regulate Workplace Violence

On Jan. 9, 2020, the U.S. Court of Appeals for the District of Columbia heard oral argument in BHC Nw. Psychiatric Hosp. LLC v. Sec’y of Labor, a case that asks the court to decide how far the Occupational Safety and Health Administration (OSHA) can go when directing a hospital to put in place measures to … Continue Reading

OSHA Is Raising Its Maximum Penalty Amounts, Again!

On Jan. 10, 2020, the U.S. Occupational Safety and Health Administration (OSHA) announced another increase in the maximum civil monetary penalties for violations of federal Occupational Safety and Health standards and regulations. The new monetary penalties will be nearly 2% higher than the current maximum penalty amounts. Effective Jan. 15, 2020, the maximum penalty for … Continue Reading

First Circuit Concludes That Two Private Equity Funds Were Not Liable for Pension Fund Withdrawal Liability of Portfolio Company

In its recent decision in Sun Capital Partners III, LP v. New England Teamsters & Trucking Indus. Pension Fund, the First Circuit Court of Appeals decided that two investment funds established by a private equity firm to acquire and provide management services to various portfolio companies were not liable for the withdrawal liabilities for unfunded … Continue Reading

Amendments to Illinois Cannabis Regulation and Tax Act Clarify Limitations of Employer Liability

On December 4, 2019, Illinois Governor JB Pritzker signed into law Senate Bill 1557, which makes various changes to the Illinois Cannabis Regulation and Tax Act (the “Cannabis Act”), including providing much-needed clarity with respect to potential employer liability. The Cannabis Act, which legalizes (under Illinois state law) the adult recreational use of cannabis, goes … Continue Reading

New Jersey Joins Jurisdictions in Banning Salary History Inquiries for Applicants

On July 25, 2019, Acting Governor Sheila Oliver signed NJ A1094 (the “Law”), banning salary history requests in New Jersey. Consistent with the growing trend, New Jersey joins the ranks of many other cities and states that have enacted salary history bans to combat pay inequity. Effective Jan. 1, 2020, New Jersey employers will no … Continue Reading

Second Circuit Holds Judicial Approval Not Required When Settling FLSA Claim Pursuant to Rule 68(a) Offer of Judgment

On Dec. 6, 2019, the Second Circuit issued a decision in Yu v. Hasaki Restaurant, Inc. that will likely impact settlement of wage and hour actions under the Fair Labor Standards Act (FLSA). In a split decision, the court reversed a district court ruling and held that judicial approval is not required when settling an FLSA claim … Continue Reading

New York Seasonal and Holiday Employees

The holidays are upon us, NYC is bustling with tourists, and, with the typical surge in business this time of year, employers may be thinking about adding a few employees to their December and January schedules. This GT Alert provides important considerations with respect to those seasonal employment offers, including minimum wage, sexual harassment training, … Continue Reading

Reminder: Jan. 1, 2020, Effective Date Quickly Approaching for New Overtime Rules

The U.S. Department of Labor (DOL) final rule raising the annual minimum salary requirements for the Fair Labor Standards Act (FLSA) overtime exemptions for executive, administrative, and professional employees is effective Jan. 1, 2020. Employers who have not yet begun or completed their audit and review of their employee classifications should immediately start the process … Continue Reading

2019 Employment Law Snapshot: New Jersey, New York, and Pennsylvania

In 2019, New Jersey, New York, and Pennsylvania each enacted substantial legislation affecting companies that employ individuals in those states. This GT Alert provides a summary of the most significant of these legislative changes and will help employers stay abreast of the changes relevant to their businesses. Please note that the laws described extend protections to … Continue Reading

California Labor & Employment Legislative Update 2019 – Spoiler Alert, Things Have Not Moderated

Gov. Newsom signed 870 bills into law and vetoed 172. Fortunately, not all of them were labor and employment related. This GT Alert provides an overview of the new employment-related laws, which will likely create additional challenges for California employers. As always, we focus here on what is likely to be important as opposed to … Continue Reading

Employment and Pension Law Update 2019: The Netherlands

This GT Alert provides an update on employment and pension law in the Netherlands for 2019. Topics covered include diversity in boards of larger companies; the Balanced Labour Market Act (Wab), effective 1 January 2020; amendments to restructuring rules applied by the Employee Insurance Agency (UWV), effective 1 October 2019; Dutch pension system reforms; and … Continue Reading

We May Not Have Until January to Sort Out AB5: Update on Dynamex Retroactivity

After the California Second District Court of Appeal’s Oct. 8, 2019, decision in Gonzales v. San Gabriel Transit, Inc., brought as a garden variety wage and hour class action claiming various classifications of drivers who agreed to be and were treated as independent contractors were in fact employees, the California Supreme Court will have the final say … Continue Reading

Reminder: Oct. 9, 2019, Deadline Approaches for New York Sexual Harassment Prevention Training

New York employers have until Wednesday, Oct. 9, 2019, to train each of their employees on sexual harassment prevention. The training must be conducted annually thereafter, and must satisfy all of the statutory requirements for content and interaction. Employers who have not yet conducted training should do so as soon as possible. For more information, … Continue Reading
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