Labor and Employment Alerts http://www.haynesboone.com/ Haynes and Boone alerts for the Labor and Employment Practice en-us Tue, 07 Sep 2010 08:17:40 GMT Tue, 07 Sep 2010 08:17:40 GMT OSHA is “Back in the Enforcement Business.” Are You Prepared? In 2010, current OSHA enforcement statistics confirm this promise and reveal unprecedented levels of enforcement. The agency is also paving the way to bolster its capabilities through new proposed regulations. http://www.haynesboone.com/OSHA_Enforcement_Business Publication 0db83768-9633-4e64-8a5b-bc944065de71 Tue, 03 Aug 2010 00:00:00 GMT Litigating Arbitration Agreements: Recent United States Supreme Court Decisions Provide Guidance to Employers Looking to Avoid Court Despite entering into arbitration agreements with their employees, employers all too often find themselves in court adverse to the very employees who have signed an arbitration agreement. The U.S. Supreme Court recently issued three arbitration decisions that have important implications for employers seeking to avoid the inside of a courtroom. http://www.haynesboone.com/Litigating_Arbitration_Agreements Publication d7442fdc-7f79-4ded-bfa9-e533c53c8f20 Thu, 29 Jul 2010 00:00:00 GMT U.S. Supreme Court Upholds Employer Searches and Underscores Importance of Electronic Communications Policies The United States Supreme Court issued a unanimous decision that provides guidance on steps employers can take to reduce an employee’s privacy expectations and emphasizes the importance of having a clear, well-defined privacy policy. http://www.haynesboone.com/US_Supreme_Court_Upholds_Employer_Searches Publication f0099657-eed2-4e2a-b016-0050fbefa321 Wed, 30 Jun 2010 00:00:00 GMT Federal Government Implements Pro-Union Notice Requirement for Government Contractors Government contractors and subcontractors now have a new, unsavory obligation. On January 30, 2009, President Obama signed Executive Order 13496 – which requires government contractors and subcontractors to post a notice informing employees of their right to engage in concerted, collective activity. http://www.haynesboone.com/Federal_Government_Implements_Pro-Union_Notice_Requirement Publication 8c0faec6-0961-494a-9c2e-57c1ff72361e Wed, 09 Jun 2010 00:00:00 GMT Plan, Prevent, Protect or Pay? What Employers Should Expect From OSHA Under Its New Enforcement Strategies and Semiannual Regulatory Agenda Rolling out OSHA’s semiannual regulatory agenda on April 26, 2010, Secretary of Labor Hilda Solis unveiled several action items being marketed as the “Plan, Prevent, and Protect” enforcement strategy. http://www.haynesboone.com/What_Employers_Should_Expect_From_OSHA Publication ea0fbf1f-a4db-4a10-a0c1-194573231946 Mon, 10 May 2010 00:00:00 GMT Employers Beware: How the Recent Health Care Reform Legislation Affects Employers On March 21, 2010, the House of Representatives passed the Patient Protection and Affordable Care Act (“PPACA”), which President Obama signed into law on March 23, 2010. The health care reform law will make far-reaching changes to the United States health care system over the next several years.  http://www.haynesboone.com/How_the_Recent_Health_Care_Reform_Affects_Employers Publication eda10802-3949-4f0b-a67e-1029a9325191 Thu, 22 Apr 2010 00:00:00 GMT Time for Recess: Becker, Pearce Appointed to NLRB The National Labor Relations Board (“NLRB”) is finally moving towards its full complement of five members. On March 27, 2010, President Barack Obama made two recess appointments (a procedure not requiring legislative approval), increasing the NLRB’s membership from the two that have been serving the past couple of years to four members. The appointments still leave the NLRB one member short; however, three members constitute a quorum that can unquestionably decide cases before the Board. http://www.haynesboone.com/Becker_Pearce_Appointed_to_NLRB Publication 9daf4e19-ba44-4564-874d-02525daf77e4 Tue, 30 Mar 2010 00:00:00 GMT OSHA’s Enforcement Crackdown on Employer Recordkeeping As part of OSHA’s new emphasis on recordkeeping, employers should expect increased inspections and heightened enforcement of recordkeeping regulations. http://www.haynesboone.com/osha_crackdown_on_employer_recordkeeping Publication f59e5334-aba2-486c-ad15-10511f983d66 Thu, 03 Dec 2009 00:00:00 GMT Can We Have That in Writing? Clear Reservation-of-Rights Saves Company from ERISA Class Action Over Change in Retiree Benefits Can an employer modify or terminate the medical benefits of retired employees? The answer depends on the language in the employer’s medical benefit plan. A recent federal court ruling highlights the importance of medical benefit plans unambiguously reserving the right to modify or terminate plan benefits. Without this language, an employer makes itself vulnerable to “he said/she said” disputes in which retirees claim that their former managers promised the retirees that their medical benefits would remain unchanged through retirement. http://www.haynesboone.com/Clear_Reservation_of_Rights_Saves_Company Publication 38c29a30-67bf-4696-a026-7c39e97ddef5 Mon, 09 Nov 2009 00:00:00 GMT Recent Case Dismissal Challenges "Geographic Presumption" A recent decision from the Occupational Safety and Health Review Commission provides employers who must log workplace injuries and report workplace fatalities some latitude as to when an injury or fatality is “work-related.”  http://www.haynesboone.com/Recent_Case_Dismissal_Challenges_Geographic_Presumption Publication 47bcceae-fe53-40df-829d-4f837d371dfa Fri, 09 Oct 2009 00:00:00 GMT