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Insights

Apr 17, 2001 General Employment Issues

Bush Administration Revokes Occupational Safety and Health Administration.s Ergonomic Rules

On March 20, 2001, President George W. Bush signed a bill repealing the Federal Occupational Safety and Health Administration’s (“OSHA”) ergonomic rules. This action by the President followed votes by both...
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Apr 17, 2001 General Employment Issues

Proposed Federal Legislation Would Prohibit Arbitration Clauses Covering Statutory Employment Claims

On the heels of the United States Supreme Court’s ruling in Circuit City, Inc. v. Adams, No. 99-1379, proposed legislation has already been introduced in Congress to overturn the Supreme Court’s ruling....
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Apr 15, 2001 Employment Discrimination

Title VII Requires Employers to Accommodate Religious Practices, Not Preferences

Under Title VII of the Civil Rights Act of 1964, employers are obligated to reasonably accommodate their employees’ religious practices. A recent decision by the U.S. Court of Appeals for the Fourth Circuit illustrates...
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Apr 05, 2001 Labor Relations

NLRB Adopts New Standard Under Which Employers May Unilaterally Withdraw Recognition From Incumbent Union

For 50 years, the National Labor Relations Board (the “NLRB”) has held that an employer may lawfully withdraw recognition unilaterally from an incumbent union if the employer has a good faith doubt, based on...
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Mar 22, 2001 General Employment Issues

Supreme Court Determines That The Federal Arbitration Act Applies To Employment Disputes

On March 21, 2001, a divided United States Supreme Court ruled that the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, permits employers to require employees to arbitrate work-related disputes. Circuit City...
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Mar 15, 2001 General Employment Issues

Revisions to Occupational Safety and Health Administration Injury/Illness Recordkeeping System

The Occupational Safety and Health Administration (OSHA) has revised its rules pertaining to recording and reporting of occupational injuries and illnesses. The new rules, which become effective on January 1, 2002, simplify...
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Feb 05, 2001 Employment Discrimination

Federal Appeals Court Holds That Primary Factor In Determining “Employee” Status of Worker Under Anti-Discrimination Laws Is Extent To Which Company Controls The Manner And Means Of Worker’s Tasks

Most laws prohibiting discrimination in employment protect workers who are “employees” but not those who are “independent contractors.” The U.S. Court of Appeals for the Second Circuit in New York...
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Jan 08, 2001 General Employment Issues

California Public Policy Prohibits Termination Based on an Employee.s Refusal to Sign a Non-Compete Agreement

A California appellate court recently ruled that an employer may not terminate an employee who refuses to sign an illegal covenant not to compete, because such terminations violate public policy. D’Sa v. Playhut, Inc.,...
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Jan 08, 2001 Employment Discrimination

EEOC Issues Final Regulations on Waivers of Age Discrimination Claims

It is common practice for employers to condition payment of severance to outgoing employees on the employees’ consent to waive employment-related claims. In order to hold up in court, however, such waivers must meet a...
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Jan 05, 2001 Employment Discrimination

EEOC Issues Guidance on the Application of the ADA to Contingent Workers

On December 27, 2000, the U.S. Equal Employment Opportunity Commission (the “EEOC”) issued new enforcement guidance clarifying the application of the Americans with Disabilities Act (the “ADA”) to...
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