In a detailed Order published November 2, 2016, U.S. District Court Judge William C. O'Kelley of the Northern District of Georgia quashed (invalidated) a warrant OSHA wanted so that it could conduct a comprehensive inspection of a North Georgia poultry plant.  In a 15-page opinion, the Judge approved and adopted Magistrate Judge J. Clay Fuller’...
A federal appeals court has ruled that employers do not have to reassign disabled workers into open positions ahead of other more qualified persons.  EEOC v. St. Joseph’s Hosp., 2016 BL 406826 (C.A. 11, 12/7/16).  Some of the cases rely on the U.S. Supreme Court ruling in U.S. Airways, Inc. v. Barnett, 535 U.S. 361, a 2002 decision holding...
On May 11, 2016, OSHA issued a final rule requiring employers to electronically submit injury and illness data on an annual basis.  The rule also included in the preamble guidance for employers on the impact of the new anti-retaliation provisions on drug and alcohol testing and safety incentive programs in the workplace.  Various trade associati...
Right-to-work laws prohibit mandatory union membership as a condition of employment.  Currently, 26 states have right-to-work laws, and recent developments indicate that the doctrine of right-to-work is likely to spread. First, three additional states (Kentucky, Missouri and New Hampshire) have elected both Republican governors and legislators and a...
1.     Immigration – Allow DACA (Deferred Action for Childhood Arrivals) slowly to expire by allowing current work permits to continue but not issuing new ones.  Durbin/Graham are proposing new bipartisan legislation for provisions protecting presence for three years to all immigrants in DACA program.  Direct the Labor ...

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