Workforce Bulletin

In accordance with the briefing schedule issued last December, initial briefs have been filed with the U.S. Supreme Court for its judicial review of certain issues under the Patient Protection and Affordable Care Act of 2010 (“PPACA”).  The issues to be reviewed by the Court include whether (i) the minimum coverage provisions under PPACA and individual mandate to buy health insurance is a valid exercise of Congress’ power under Article I of the U.S. Constitution, (ii) the Anti-Injunction Act will prevent a ruling from the Court until such time as a tax is actually collected under ...

By Eric J. Conn and Amanda R. Strainis-Walker

One of the questions we are most frequently asked by small employers is about the so-called "Rule of 10"; i.e., the long-perpetuated myth that OSHA does not have jurisdiction over employers or workplaces with fewer than 10 employees.  This is a commonly misunderstood policy, so let's set the record straight.

The short answer is, unless you are a small farming operation, OSHA does have jurisdiction in almost every circumstance.  There are some partial exemptions and exclusions from certain types of OSHA activity, such as ...

by John F. Fullerton III

It seems likely that the struggling economy will continue to be a primary driver of labor and employment law issues in 2012, particularly in the financial services industry. While there are many important legal issues that will arise in this environment, employers in the financial sector should consider five issues as potential hot button topics for the coming year:

• Continuing, but targeted, reductions-in-force
• Independent contractor misclassification
• Overtime exemption misclassification
• Revolving door restrictions on hiring government employees

by:  Matthew Sorensen

 1.      Deadline For Compliance With New ADA Accessibility Rules Approaching:

 On March 15, 2012, hospitality establishments will be required to be in compliance with the standards for accessibility set by the Department of Justice’s final regulations under Title III of the ADA (2010 ADA Standards). The regulations made significant changes to the requirements for accessible facilities, and will require additional training of staff on updated policies and procedures in response to inquiries from guests with disabilities. Among the most significant ...

by Maxine H. Neuhauser and Amy E. Hatcher

With the start of 2012, New Jersey employers may find it useful to review the notification requirements relating to employees' workplace rights and responsibilities under state law. This Act Now Advisory serves as a reminder and summary of New Jersey's notification requirements applicable to most employers.

Employers are mandated under New Jersey law to display official posters informing employees of the law relating to their rights and responsibilities. An employer that fails to comply with these requirements may face monetary fines and ...

By Casey M. Cosentino and Eric J. Conn

 According to statistics recently reported by OSHA, the number of workplace inspections conducted by federal OSHA in FY 2011 fell to a total of 40,215, down 778 from 2010.  The agency attributes this slight decline in the number of inspections to the fact that many inspections, particularly those focused on health hazards and recordkeeping compliance, require more time per inspection.  Gone are the days when the Compliance Officer drops by for a cup of coffee.  Now, OSHA wants to know which office in which they should set up because they are going to be ...

By Amanda R. Strainis-Walker and Eric J. Conn

OSHA’s keen interest in enforcement related to combustible dust shows no sign of waning as we close the door on 2011.  OSHA’s Combustible Dust National Emphasis Program (NEP), initiated in 2008, continued in earnest through 2011, and notably, has no expiration date.  The number of violations and the size of civil penalties arising out of the Combustible Dust NEP inspections continue to rise, and OSHA points to that data as support for its active pursuit of a comprehensive Combustible Dust Standard.

Combustible Dust NEP:

OSHA launched ...

by Peter M. Panken, Michael S. Kun, Douglas Weiner, and Larissa Lalor-Rosado

Misclassification of employees as exempt from overtime compensation has become a cottage industry for plaintiff’s lawyers and for the United States Department of Labor (“DOL”) in the Obama years.  One of the most difficult issues is whether employees meet the so-called administrative exemption to the Wage Hour laws.  In Hines v. State Room, the United States Circuit Court of Appeals for the First Circuit offered some clarity and help to beleaguered employers holding that former banquet sales ...

By Peter M. Panken, Michael S. Kun, Douglas Weiner and Larissa Lalor-Rosado

Hotels, restaurants and private clubs all rely on sponsored events, banquets and social soirees for the profitability of their operation.  Most employ one or more “managers” to solicit the business, work with the clients, detail the services to be provided, prepare the contract and even negotiate a price.  In most instances higher management must approve the terms the managers propose including the financial arrangements.  In other cases the basic terms are set forth in directions which can only be varied ...

by Ian G. Nanos

The Equal Employment Opportunity Commission (“EEOC”) recently issued its Performance and Accountability Report for Fiscal Year 2011.   As reported by the EEOC, 2011 was a record year.  A quick review of these highlights, as well as the pending docket, reveals a growing trend and employers should pay attention.

First the highlights.  During FY 2011, the EEOC received a record number of discrimination charges – nearly 100,000 against private sector employers alone.   More importantly, the EEOC also recovered a record $364 Million through administrative ...