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EEOC Attacks “No Fault” Attendance Policies as ADA Violations

USA - August 17 2018 As you know, the Americans with Disabilities Act (ADA) prohibits discrimination against disabled employees and job applicants in all aspects of…

Lasting Effects of the #MeToo Movement

USA - October 22 2018 It has been about a year since the #MeToo movement went viral, spreading greater awareness about sexual misconduct and harassment, and, more generally…

The Tug-of-War Between Fed OSHA and the State OSH Programs over the Electronic Recordkeeping Rule

USA - May 17 2018 A fascinating jurisdiction tug-of-war has broken out between federal OSHA and a few fed OSHA approved State OSH Programs, in relation to OSHA’s Final…

Eric J. Conn, Daniel C. Deacon

NLRB Returns to Common-Law Test for Independent Contractors

USA - January 29 2019 Last Friday, the National Labor Relations Board (the “Board”) returned to its long-standing independent-contractor standard, reaffirming its adherence…

D.C. Circuit Strikes Down the Trump EPA Delay of Obama EPA’s Overhaul of the Risk Management Program Rule

USA - August 17 2018 Today, the U.S. Court of Appeals for the D.C. Circuit handed EPA (and Industry) a significant setback in the long-running battle over the 2017…

Eric J. Conn, Micah Smith