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By Samuel Estreicher | April 11, 2024
Section 1595(a) of the TVPRA provides a civil remedy against perpetrators and anyone who "knowingly benefits, financially or by receiving anything of value from participation in a venture which that person knew or should have known has engaged in an act in violation." The use of a "knowingly benefits" standard of liability is fairly novel and raises some important questions.
8 minute read
By Chris O'Malley | April 2, 2024
Quickway Transportation asserts that letting an NLRB ruling stand "would eviscerate an employer's right to close its business for any reason."
6 minute read
By Chris O'Malley | April 2, 2024
Quickway Transportation asserts that letting an NLRB ruling stand "would eviscerate an employer's right to close its business for any reason."
6 minute read
By Deborah Petito | March 29, 2024
"There is hope that SB 553 will help to make California workplaces safer," according to employment attorney Deborah Petito of Offit Kurman.
5 minute read
By Chris O'Malley | March 28, 2024
The Department of Labor fined Morristown, Tennessee-based Tuff Torq $296,951 and secured a court order requiring it to disgorge $1.5 million—a month of profits—after a January inspection found 10 illegally employed children as young as 14 subjected to "oppressive" conditions.
6 minute read
By Emily Cousins | March 26, 2024
"They stood their ground despite threats of discipline, and continued to speak out," plaintiff counsel Roland Goff said.
3 minute read
By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner | March 25, 2024
Unlike Labor Law §240(1), Labor Law §241 (6) is not self executing. Plaintiff must show that a violation of a concrete specification under a provision of the New York Industrial Code was a proximate cause of injury in order to impose liability under §241(6).
13 minute read
By Colleen Murphy | March 22, 2024
"Indeed, both of Mr. Lofton's immediate supervisors, John Barber and Jeffrey Ranen, have a well-documented 15-year history of exchanging racist remarks over defendant's email system with lawyers throughout LBBS—ranging from junior associates to fellow partners," the complaint said. "These emails included 'gratuitous use' of the n-word."
5 minute read
By Mason Lawlor | March 22, 2024
"Our clients do have considerable experience with their engineering background, and they were targeted and recruited from these universities in Mexico, but the American workers that are working alongside them obviously don't have an engineering degree and oftentimes don't have a college degree," Rachel Berlin Benjamin of Beal Sutherland Berlin & Brown in Atlanta, told the Daily Report.
4 minute read
By Adam Busler and Lauren Wright | March 22, 2024
"The new rule sets forth a non-exhaustive six-factor test to determine whether a worker should be classified as an employee or an independent contractor," write Adam Busler and Lauren Wright of Fox Rothschild.
7 minute read
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