Website Sorts Worker Complaints

By Bill Wright The administration is beta-testing a new on-line tool at  The site lets the user select on a job title (from a slowly expanding list) and then click to a menu of various violations of labor and employment regulations workers with that job title sometimes experience.  Alternatively, the user can click straight […]

Lame-Duck Threat to Non-Competes

By John Alan Doran Not content to leave employers alone for the last few months of this term, the Administration wants to discourage, nationwide, the use of contract provisions that limit individuals from competing with their former employers, and even to ban such agreements in many instances. See the White House’s Call to Action. Of […]

Benchslap for Blacklisting Rule

By John Alan Doran Yesterday a federal court put a temporary hold on the Obama Administration’s so-called Blacklisting Rule. Associated Builders v. Rung. In a previous blog we described in detail the Administration’s Executive Order and proposed rules. The Rule created onerous reporting requirements, imposed punishment including debarment on alleged violators, and prohibited pre-dispute arbitration agreements for […]

OSHA Interprets Anti-Retaliation Rules

By Pat Miller, Rod Smith, Chuck Newcom and Matt Morrison OSHA doubles down on its position that mandatory post-accident drug testing is retaliatory. Click to read our latest OSHA Update regarding OSHA’s new October 19, 2016 issued guidance with respect to certain controversial provisions of its new anti-retaliation rules, originally published on May 12, 2016. […]

FWW Under Attack

By Bill Wright As employers prepare for the Department of Labor’s new salary threshold for executive, administrative and professional exempt employees, many turn to the Fluctuating Work Week (FWW) method of calculating overtime pay. Under FWW, employers pay a fixed salary to workers who have variable regular hours and are not exempt.  The salary covers […]

Drivers For All Seasons

By Bill Wright An Arizona-based employer filed for H-2B visas for seasonal low-skilled drivers. The season for the application was 9 months: Fall-Winter-Spring, based on the growing season and the season of high volume sales for produce. The application was denied, in part because the same employer had also filed for H2-B visas for seasonal […]

FLSA Hail Mary?

By John Alan Doran We have heard an extraordinary amount of commentary about the impending December 1, 2016 deadline for compliance with the new FLSA overtime regulations. One of the most troubling comments that appears to be gaining inexplicable traction is the assertion that employers should hold off on readying themselves for implementation of the […]

Another Day, Another NLRB Benchslap

By John Alan Doran And so the saga of the runaway NLRB continues. Last Friday, the D.C. Circuit Court of Appeals, widely recognized as our nation’s leader in administrative law, issued a hard-hitting opinion sharply criticizing the NLRB for its bad-faith pursuit of litigation against an employer and awarding the employer its attorneys’ fees. Heartland […]

California Bans Out-of-State Law

By Bill Wright California has passed a novel piece of employment law.  New section 925 of the California Labor Code prohibits employers from requiring employees to sign an agreement that (a) forces the employee to litigate or arbitrate outside California if the claims arise from events (e.g. living and working) inside California; and (b) specifies […]