Labor and Employment Law

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The National Labor Relations Board (NLRB) announced yesterday that it is issuing proposed amendments to its rules and regulations governing union election procedures.  On its website, the NLRB reported that “[i]n substance, the proposed amendments are identical to the representation procedure changes first proposed in June of 2011.”  Those of you watching this issue may…

On December 9, 2013, the Occupational Safety and Health Administration (“OSHA”) requested comments concerning potential changes to its Process Safety Management (“PSM”) program that could have a significant impact on oil field operations. See 78 Fed. Reg. 73756 (Dec. 9, 2013). Among the many “modernizations” of the PSM standard, OSHA is seeking comment on the elimination of exemptions that directly affect oil field operations. Current exemptions of concern include:

  • atmospheric storage tanks;
  • oil-and-gas production facilities; and
  • oil-and-gas well drilling and servicing.

PSM applies to “a process which involves a Category 1 flammable gas (as defined in 1910.1200(c)) or a flammable liquid with a flashpoint below 100 °F (37.8 °C) on site in one location, in a quantity of 10,000 pounds (4535.9 kg).” 29 CFR 1910.119(a)(ii). The addition of atmospheric storage tanks is significant as a tank as small as 35 Barrels of crude oil will cause the “process” to exceed the 10,000 pound threshold. As a consequence, other process equipment that contains less than 10,000 pounds of flammable materials that is connected to the tank (via piping) may also become subject to PSM requirements.Continue Reading OSHA Considers Expanded Oversight in the Oil Patch

“Pumping,” or expressing breast milk, is now protected under Title VII. In a matter of first impression, the Fifth Circuit Court of Appeal recently held that an adverse employment action taken against a female employee because she was expressing milk constituted sex discrimination in violation of Title VII. See Equal Employment Opportunity Commission v. Houston…

The Fair Labor Standards Act turns 75 today, June 25. The FLSA is a depression-era piece of legislation. Through the FLSA, Congress intended to raise working conditions and spur hiring.  Congress sought to do this by prohibiting child labor, establishing a minimum wage, and requiring payment of a premium for hours worked over a particular…

A few weeks ago, in a piece entitled “Thorny Roses: Interns and Potential Wage Liability”, I wrote about PBS talk show host, Charlie Rose, and his production company’s $250,000 settlement of a class-action lawsuit brought by a former unpaid intern who claimed minimum-wage violations. On Monday, the assault against unpaid internships continued when a…

PBS talk show host, Charlie Rose, and his production company recently agreed to pay as much as $250,000 to settle a class-action lawsuit brought by a former unpaid intern who claimed minimum-wage violations under New York State labor laws.

The Complaint, brought on behalf of a potential class of 189 interns, alleged that The Charlie Rose Show used unpaid interns to perform background research to prepare Rose for guest interviews, escort guests through the studio and set, break down the set, and clean up after each taping. The Complaint also alleged that unlawful unpaid internships are prevalent in white collar professions, “especially in fields like politics, film, fashion, journalism and book publishing.”

So, how can an employer avoid Charlie’s folly when bringing on interns?Continue Reading Thorny Roses: Interns and Potential Wage Liability

The U.S. Citizenship and Immigration Services (“USCIS”) released a revised Employment Eligibility Verification form, Form I-9, on March 8, 2013. The revised form contains formatting changes, the inclusion of additional data fields for employee email addresses and telephone numbers, and improved instructions. Employers must begin using the new form by May 7, 2013, but should…

“What is in a name? That which we call a rose. By any other name would smell as sweet . . .”

-William Shakespeare, Romeo and Juliet

Roses aside, classifying someone as an “employee” or an “independent contractor” (or rather misclassifying them) can have significant effects. The misclassification of employees as independent contractors is the…