FEBRUARY 5, 2019
 
 
 
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Labor & Employment News
In house attorneys looking for a better way to organize, vet and easily retrieve legal news created the National Law Review on-line edition.

Around the clock, the National Law Review's editors screen and classify breaking news and analysis authored by recognized legal professionals and our own journalists.

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Dinsmore
On January 25, 2019, the National Labor Relations Board (Board) returned to the common-law agency test for determining whether workers qualified as independent contractors. SuperShuttle DFW, Inc., 367 NLRB No. 75 (2019) The decision expressly overrules the Board’s decision in FedEx Home Delivery, 361 NLRB 610 (2014), enf. denied 849 F.3d 1123 (D.C. Cir. 2017).   More on N:RB Standard Here >
 
 
 
 
 
On January 25, 2019, the Occupational Safety and Health Administration (“OSHA”) issued a final rule rescinding controversial requirements from the 2016 Rule to Improve Tracking of Workplace Injuries and Illnesses (the “2016 Rule”). Under the 2016 Rule, which was promulgated during the Obama administration, establishments with 250 or more employees were required to submit information electronically to OSHA from their OSHA Form 300 (Log of Work-Related Injuries and Illnesses), Form 301 (Injury and Illness Incident Report), and Form 300A (Summary of Work-Related Injuries and Illnesses). When the 2016 Rule was issued, industry groups expressed concern that the required filing of Form 300 and Form 301 would harm both employers and employees, since it could lead to the public disclosure of sensitive information, such as descriptions of employee injuries, birth dates of injured employees, and the location where such injuries took place.  More on OSHR Reporting Here>
 
 
 
 
 
Today, the U.S. Department of Homeland Security posted for public inspection the final rule to amend the process for the selection of the H-1B visa petitions subject to the annual numerical “cap.” The final regulations will be published in the Federal Register on January 31, 2019. As discussed further below, one of the new procedures will be effective for the upcoming H-1B cap season commencing on April 1, 2019, and the other change will not go into effect until 2020.  More on USCIS Final Rule Here >
 
 
 
 
 
RobinsonThis week’s post is somewhat breathless because so much happened or is about to happen.  You may have thought the government has been closed for the past 35 days. But just like great magicians who get you to watch their right hand while their left hand is going about the business of the trick, the parts of the federal government and their state counterparts which were opened continued at a breakneck pace.   More on Government Shutdown Here >
 
 
 
 
 
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