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OSHA Issues Final Rule On Personal Protective Equipment

Published by on November 19, 2007

On November 15, 2007, the Occupational Safety and Health Administration (OSHA) published Employer Payment for Personal Protective Equipment; Final Rule (72 Fed. Reg. 200 at 64341).  The final rule becomes effective on February 13, 2008, and must be implemented by May 15, 2008.  The rule requires employers to pay for personal protective equipment, with several specific exceptions outlined in the regulation.  Some excerpts: "In this final rule, OSHA is requiring employers to pay for the PPE us...

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Podcast: The Week in Review

Published by on November 16, 2007

The week in review podcast for the second week of November.  This week's employment law topics from Virginia and beyond include:  practical pointers; 4th Circuit case update; class actions; legislative developments in the area of sexual orientation discrimination; and the jury verdict or attorneys' fee award of the week. The podcast is based on the articles posted in the blog.

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Jury Verdicts

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Here is a collection of recent articles about employment law jury verdicts and fee awards:  PA -- Court awards $45.7 million in attorneys' fees in rest break class action against Wal-Mart (Law.com, Nov. 16, 2007).  CA -- Jury awards BART mechanic $1.27 million in racial harassment case (sfgate.com, Oct. 18, 2007). AL -- Male dockhand at grocery wins $250,000 for sexual harassment (Sand Mountain Reporter, Oct. 18, 2007). ...

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Labor Shortages In Our Future?

Published by on November 15, 2007

Kiplinger.com reports in More Companies Struggle to Find Workers (Nov. 14, 2007) that the shortage of workers will become acute in less than a decade.  They advise employers to start planning now.  CNNMoney.com reported at the beginning of the year that the shortage of skilled labor was holding back job growth.   (For a contrary view, read: The Great Labor Shortage Lie).  What is the solution?  Should companies use more temporary or seasonal workers?  Are independent contractors the answ...

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Protection For Transgender People Extended in Montgomery County, Maryland

Published by on November 14, 2007

Continuing a thread of comments today and yesterday, we note the passing of legislation in Montgomery County, Maryland, extending protection from discrimination in housing, employment, public accommodations, cable television service and taxicab service to transgender people.  In a press release dated November 13, 2007, the Montgomery County Council announced the unanimous approval of a bill that will prohibit discrimination against transgender people in housing, employment, public accommodatio...

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What is the future of arbitration?

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Will arbitration soon be banned for employment disputes?  There appears to be a perfect storm converging in the area of arbitration.  The Wall Street Journal's Law Blog asks today, "Is arbitration the new litigation?"  Referring to a positive article on arbitration written by the FT's Patti Waldmeir, the post questions whether the pending Hall Street v. Mattel case before the U.S. ...

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Jury Awards $4.4 Million In Sexual Orientation Lawsuit

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In perhaps a strange coincidence of timing, a King County, Washington, jury awarded a lesbian $4.4 million in her lawsuit against Goodyear Tire & Rubber Co. for demoting her after she complained of discrimination because of her sexual orientation the same week that the House of Representatives passed the Employment Non-Discrimination Act, which would prohibit discrimination based on sexual orientation across the nation. ...

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FedEx Class Action Certified

Published by on November 13, 2007

On October 15, 2007, the U.S. District Court for the Northern District of Indiana certified a class of pickup and delivery drivers as to claims that the plaintiffs were misclassified as "independent contractors" under the Kansas Wage Payment Act and to common law claims for rescission, unjust enrichment and quantum meruit.  The class includes 102 current drivers and an unknown number of former drivers.  The plaintiffs seek rescission of their independent contractor agreements, repayment of co...

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