Workforce Bulletin

by Jeffrey M. Landes, William J. Milani, Susan Gross Sholinsky, Dean L. Silverberg, Anna A. Cohen, and Jennifer A. Goldman

New York State has finally codified its position on permissible deductions from employees’ wages. On November 6, 2012, an amendment to New York’s Labor Law (“Labor Law”) will take effect. The amendment expands the list of employee wage deductions that New York employers may lawfully make, so long as the employee authorizes such deductions.

On September 7, 2012, Governor Andrew Cuomo signed into law the legislation that he introduced, which amends Labor ...

Jeff Landes, Bill Milani, Susan Gross Sholinsky, Dean Silverberg, Anna Cohen, and Jennifer Goldman have prepared an Act Now Advisory on the amendment to Section 193 of New York’s Labor Law, which is scheduled to take effect on Nov. 6, 2012. The amendment expands the list of employee wage deductions that New York employers may lawfully make, so long as the employee authorizes such deductions.

Got OSHA-Related Questions?  We Have the Answers!

Coming soon to the OSHA Law Update blog is a regular series of “OSHA Inspection Frequently Asked Questions” posts.  This series is in direct response to the many inquiries we received from our popular post last year entitled: Managing an OSHA Inspection: Answers to 5 Frequently Asked Questions.

The OSHA Inspection FAQ series will address inspection issues from the procedural to the substantive legal and strategic.  We will also look to our readers to send in questions that we can tee-up for responses.  Watch for the inaugural ...

By Eric J. Conn, Head of the OSHA Practice Group

We recently authored an article for Feed & Grain magazine entitled "When OSHA Comes Knockin'." The article explains why employers in the grain industry need to be prepared for an OSHA inspection, and outlines steps they should take to prepare for and manage a visit from an OSHA inspector.

Here is an excerpt from the article:

As Alexander Graham Bell famously said, "Before anything else, preparation is the key to success." No truer words could be said to employers in the grain industry today about OSHA inspections. Secretary of Labor, Hilda ...

by Steven M. Swirsky, Adam C. Abrahms, Donald S. Krueger, and D. Martin Stanberry

In another foray by the National Labor Relations Board (“NLRB” or the “Board”) into new territory affecting non-union workplaces, a divided three-member Board panel found that an employer’s direction that employees not discuss matters under investigation with their co-workers violated Section 8(a)(1) of the National Labor Relations Act (the “Act”) because it “had a reasonable tendency to coerce employees in the exercise of their rights” under the Act. Banner Health System, 358 ...

By:  Steven M. Swirsky, Adam C. Abrahms, Donald S. Krueger, and D. Martin Stanberry

In another foray by the National Labor Relations Board (“NLRB” or the “Board”) into new territory affecting non-union workplaces, a divided three-member Board panel found that an employer’s direction that employees not discuss matters under investigation with their co-workers violated Section 8(a)(1) of the National Labor Relations Act (the “Act”) because it “had a reasonable tendency to coerce employees in the exercise of their rights” under the Act. Banner Health ...

By Eric J. Conn, Head of the OSHA Practice Group

According to a recent report to Congress from OSHA, the Agency’s multi-year Injury & Illness Recordkeeping National Emphasis Program (“Recordkeeping NEP”) continued through its termination in 2012 to yield less alarming results than the OSHA leadership team forecasted, despite revising the program in late 2010.

The initial version of the Recordkeeping NEP was put on hold due to lower than expected (at least by OSHA) instances of recordkeeping abuses (i.e., employers deliberately under recording injuries and illnesses), so ...

by Allen B. Roberts, Stuart M. Gerson, Frank C. Morris, Jr., and Michael J. Slocum

Our previous postings have noted the progression of decisions during the past two years by the U.S. Department of Labor (“DOL”) Administrative Review Board (“ARB”) that have liberally expanded substantive provisions of whistleblower statutes under its jurisdiction. Now, the ARB has enabled whistleblowers to maintain their administrative complaints and survive dismissal in circumstances where recital of the factual bases of their claims would be fatally deficient if filed in federal ...

by Frank C. Morris, Jr.

Two recent decisions involving Netflix again raise the question of whether all online business activities are covered by the public accommodation requirements of Title III of the Americans with Disabilities Act ("ADA") or whether a "bricks and mortar" presence is required to invoke ADA protections. In late June, in National Association of the Deaf v. Netflix, Judge Ponson of the U.S. District Court in Massachusetts denied Netflix's motion for judgment on the pleadings that challenged the application of the ADA to its video streaming website. The court found ...

by William J. Milani, Susan Gross Sholinsky, Dean L. Silverberg, Steven M. Swirsky, and Jennifer A. Goldman

In a move that signals a trend to employers, the Acting General Counsel ("AGC") of the National Labor Relations Board ("NLRB" or "Board") recently claimed in two unrelated cases that allegedly overly broad "employment-at-will" disclaimers contained in employee handbooks have the effect of chilling or interfering with employees' exercise of their right under the National Labor Relations Act ("Act") to engage in protected concerted activity. As we previously discussed in ...