On July 12, 2023, the U.S. Department of Homeland Security (DHS) updated the STEM Designated Degree Program List by adding eight new qualifying fields of study. The Program List is generally used to determine whether a degree completed by an F-1 nonimmigrant student qualifies as a science, technology, engineering, or mathematics (STEM) degree as determined by DHS.

Since 2006, public employers in New York have been required to implement programs to prevent and minimize workplace violence.¹ Public school employers, including public school districts, New York City public schools, Boards of Cooperative Education Services (BOCES), and County Vocational Education and Extension Boards, were previously exempted from the law.

In a significant decision about workplace drug use, the Connecticut Appellate Court backed an employer’s right to terminate a worker who was impaired on the job by medical marijuana. The decision also clarified the factual basis an employer must possess to justify ordering a drug test based on suspicion of impairment.

Update: On June 20, 2024, the Cal/OSHA Standards Board unanimously approved an amended version of the proposed indoor heat illness prevention regulation which specifically excluded the government entities (mainly correctional facilities) whose inclusion had led to the earlier rejection by the Director Finance. The Board also requested that the Office of Administrative Law (OAL) expedite their review and allow the regulation to become effective immediately upon OAL approval.

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On April 1, 2024, the U.S. Occupational Safety and Health Administration (OSHA) published its final rule clarifying that employees may designate a non-employee third party as their representative during an OSHA inspection.

Alka Ramchandani-Raj talks to employers about OSHA-recommended accommodations when altering employees’ working hours due to heat-related conditions.

CNN

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Alka Ramchandani-Raj says a proposed OSHA rule would direct OSHA inspectors to request to see an employer’s written heat plan as part of construction site inspections on days the temperature has reached the rule’s trigger point. 

Bloomberg Law

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Bradford Kelley talks about the promise of AI tools to increase worker health and safety in the workplace.

Bloomberg Law

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Felicia Watson discusses three concerns about a proposed OSHA rule that would protect indoor and outdoor workers from heat illness.

SHRM

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Commenting on a SCOTUS decision, Alka Ramchandani-Raj said a type of OSHA matter that could see a future change in venue may be those involving certain General Duty Clause citations. 

Safety+Health

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Maryland’s Occupational Safety and Health (MOSH) Division of Labor and Industry recently announced its publication of the Heat Illness Prevention Standard as a final regulation in the September 20, 2024, edition of the Maryland Register. Effective September 30, 2024, the final regulation—which creates obligations for Maryland employers to protect their employees against heat hazards—will be published in the Code of Maryland Regulations (COMAR) under chapter 09.12.32 Heat Stress Standards.

On October 15, 2024, the U.S. Department of Labor released expanded guidance for OSHA inspections of employers in the animal slaughtering and processing industry. This guidance supersedes previous guidance issued in 2015, which had been limited to poultry processing establishments.

On October 1, 2013, the Department of Labor's Wage and Hour Division (DOL) published a final rule in the Federal Register eliminating the Fair Labor Standard Act's (FLSA) minimum wage and overtime exemption for home care workers employed by home care agencies and other companies.  The new regulations also significantly narrow the exemption for home care workers employed directly by the individuals or families receiving home care services. 

The district court's opinion denying cross-motions for summary judgment in Bobbitt v. Broadband Interactive, Inc., No. 8:11-cv-2855 (M.D. Fla. Oct. 21, 2013) illustrates how not to structure an independent contractor relationship and how not to lay the groundwork to defend that relationship in the event of litigation.  The case also serves as a warning that even well-conceived independent contractor relationships may be open to question by a court that is inclined to distrust them.

Background

Connecticut has passed a new law regulating electronic nicotine delivery systems and vapor products in various venues, including numerous places of employment.  Effective October 1, 2015, Public Act No. 15 206 (the Act) supersedes and preempts any relevant provisions of municipal laws or ordinances regarding the use of these products. 

The Law

The Act prohibits the use of electronic nicotine delivery systems and vapor products in:

1. buildings owned or leased and operated by the state or its political subdivisions,

On page 54, Eric Stevens urges bank executives to begin preparing now for changes to employee data reporting in 2018 by the Equal Employment Opportunity Commission.  

The Tennessee Banker

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Mark Phillis discusses the practice of looking to HR professionals to testify in court and conduct workplace investigations.

Bloomberg BNA Human Resources Report

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(October 14, 2020) – Littler, the world’s largest employment and labor law practice representing management, has announced a number of leadership changes throughout its various practice and industry groups.

“We congratulate this talented and diverse group of co-chairs,” said Tom Bender and Jeremy Roth, Littler co-managing directors, in a joint statement. “Their deep knowledge and extensive experience in their respective practice areas will continue to enhance the firm’s ability to advise and defend clients on myriad employment and labor law matters across all industries.”

Jim Paretti talks about submitting workforce data correctly on EEO-1 reports.

SHRM Online

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Rhode Island has joined the growing ranks of states that have enacted a sweeping pay equity statute. The Rhode Island law, which takes effect on January 1, 2023, amends the Rhode Island Equal Pay Law and places significant new burdens on both large and small businesses. The law seeks to “combat wage discrimination” by “strengthening and closing gaps in existing wage discrimination laws,” and does so by imposing new requirements on employers and essentially deems employers “guilty until proven innocent” when it comes to wage disparities. 

Jeff Nowak offers advice to employers on the DOL’s announcement that it will ramp up Family and Medical Leave Act (FMLA), as well as wage and hour, audits.

SHRM Online

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Aki Tanaka talks about how the monthly average working hour per employee went down in Japan after the country started implementing a law limiting overtime in 2018.

SHRM Online

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New York is postponing its AI bias law’s effective date, and Eli Freedberg says there really was no way that companies could have gotten compliant in time because of all the uncertainty still surrounding the law.

Law360 Employment Authority

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A New York state judge has denied motions to dismiss actor Julia Ormond's claims against a film company, its parent company, and a talent agency based on conduct by film producer Harvey Weinstein, who Ormond alleges assaulted her in December 1995 in her Manhattan apartment. In her lawsuit, Ormond alleges that these entities knew about Harvey Weinstein's predatory behavior before he sexually assaulted her in 1995 and failed to protect her. The ruling allows the case to proceed, highlighting the potential scope of liability of these companies.

(November 8, 2023) – Littler, the world’s largest employment and labour law practice representing management, has released its sixth annual European Employer Survey Report. Based on responses from 780 human resources (HR) executives, in-house lawyers and business leaders from across Europe, the report explores the myriad ways in which employers are responding to changes in workplace management, policy and culture.

(April 3, 2024) – Three attorneys from Littler, the world’s largest employment and labor law practice representing management, have been selected for the 2024 Leadership Council on Legal Diversity (LCLD) Fellows and Pathfinders programs. Shareholder Karimah J. Lamar (San Diego) will serve in the 2024 LCLD fellows class, and Associates Warsame Y.

Update: On August 2, 2024, Illinois Governor J.B. Pritzker signed SB 2979 into law, reforming the liability guidelines under the Illinois Biometric Information Privacy Act.

CHICAGO (April 11, 2024) – Today, the Illinois Senate passed SB 2979, which would reform the liability guidelines under the state’s Biometric Information Privacy Act (BIPA). The bill marks an important milestone in the broader effort to resolve BIPA’s vague statutory language and courts’ expansive interpretations of the law, which have posed a threat to businesses that capture biometric information.

PROVIDENCE, R.I. (May 20, 2024) – Littler, the world’s largest employment and labor law practice representing management, continues to expand its shareholder ranks with the addition of Gregory Tumolo in its Providence, Rhode Island office. He joins the firm from Lewis Brisbois Bisgaard & Smith, where he was co-chair of the Employment Advice and Counseling practice group. Tumolo’s arrival follows several recent additions at the shareholder level, including Stephen Shore (Toronto), John Tripoli (Milwaukee) and John Nordlund (San Diego).

(August 7, 2024) – Littler, the world’s largest employment and labor law practice representing management, has selected Devjani H. Mishra (Shareholder, New York) and Nicole S. LeFave (Shareholder, Austin) to lead its 'Ohana affinity group and SOAR Program, respectively.

Littler’s Workplace Policy Institute files brief for the Coalition for a Democratic Workplace urging court to grant review of Goldstein v. Professional Staff Congress and reaffirm Constitutional protections against compulsory union representation

Joy C. Rosenquist, Rick Reyes and Blair C. Senesi examine California’s new Freelance Worker Protection Act (FWPA), which aims to provide greater protections to freelance workers.

Wolters Kluwer

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The Illinois Department of Labor (IDOL) has just issued some much-needed guidance, through Frequently Asked Questions (FAQs), on whether enrollment and use of E-Verify is prohibited in Illinois for private employers that do not have federal contracts. The answer is NO.