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Author Archives: New England Biz Law Update staff

Federal appeals court rejects NLRB’s ‘nonsensical’ ruling

In a scathing rebuke of the National Labor Relations Board, a federal appeals court in the District of Columbia has overturned the Board’s ruling in two unfair labor practice claims against Stern Produce Company. The decision, which twice referred to ...

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DOL clarifies rights to employee representation during OSHA inspections

Man driving forklift in warehouse

The U.S. Department of Labor has published a final rule clarifying employees’ rights to authorize a representative to accompany an OSHA compliance officer during an inspection of their workplace. The rule goes into effect on May 31, 2024. The Occupational ...

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EEOC releases fiscal year annual report, dashboard

EEOC seal

The U.S. Equal Employment Opportunity Commission has released its Fiscal Year (FY) 2023 Office of General Counsel (OGC) Annual Report and a new data dashboard featuring selected cases that have been resolved over the past five fiscal years. In FY 2023, which ...

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Court strikes down NLRB’s joint employer rule

Wooden gavel

A Texas federal judge has vacated the National Labor Relations Board’s (NLRB) controversial joint employer rule. The rule, which would have made it more likely for two entities to be deemed joint employers, was set to take effect on March ...

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DOL offers industry-specific guidance on PUMP Act compliance

Pregnant employee

The U.S. Department of Labor’s Wage and Hour Division (WHD) is publishing industry-specific guidance to help employers comply with the 2022 Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). The PUMP Act extends the Fair Labor Standards Act ...

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Former nurse awarded $41M in retaliation suit

Hospital wing

Maria Gatchalian, a former charge nurse in a neonatal intensive care unit, has been awarded $41.49 million in her wrongful termination and retaliation lawsuit against Kaiser Permanente. Gatchalian had worked in the NICU at Kaiser Permanente Woodland Hills Medical Center ...

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DOJ’s new whistleblower incentive program: Implications for employers

Whistleblower

The U.S. Department of Justice (DOJ) has announced the launch of a 90-day “policy sprint” as it works to develop a rewards program for whistleblowers who report corporate and financial misconduct. The program, announced by Deputy Attorney General Lisa Monaco ...

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DOL files retaliation claims in FLSA case

Department-of-Labor

A farm in Tennessee is facing allegations of retaliation against employees who exercised their legally protected right to inquire about their wages. The Department of Labor (DOL) has filed a complaint and motion seeking a temporary restraining order to prevent ...

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EEOC settlement highlights pitfalls of employee physical assessments

EEOC seal

A provider of housekeeping, food, and facilities support services has agreed to pay $520,000 to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC). The lawsuit alleged that Hospital Housekeeping Systems, LLC (HHS) violated the ...

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