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Articles by Corey Swinick
Blake v. Fay Servicing LLC
April 5, 2023 Filing 4 Magistrate Judge Jurisdiction Form filed by Sonja Blake. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Miller, Heidi) April 5, 2023 Filing 3 DISCLOSURE Statement by Sonja Blake. (Miller, Heidi) April 5, 2023 Filing 2 DISCLOSURE Statement by Fay Servicing LLC. (Swinick, Corey) April 5, 2023 Filing 1 NOTICE OF REMOVAL by Fay Servicing LLC from Racine County Circuit Court, Case Number: 23-CV-283 with attached state court documents.
The "Gig" is Up: DOL Proposes Rule That Would Classify More Independent Contractors as Employees | JD Supra
The U.S. Department of Labor (DOL) has proposed a rule that would make it more difficult for companies to treat workers as independent contractors. The proposed rule would return to a "totality-of-the-circumstances" analysis of the economic realities test—in which the factors do not have a predetermined weight and are considered in view of the economic reality of the whole activity.
U.S. Supreme Court Removes Prejudice Requirement From Arbitration Waiver Test | JD Supra
In deciding Morgan v. Sundance, Inc., the U.S. Supreme Court has resolved a circuit split, answering the question of whether a party must show prejudice when arguing that the opposing party waived its right to compel arbitration. Previously, all federal circuit courts except the Seventh and D.C. Circuits used an arbitration-specific waiver rule that requires a showing of prejudice. The Supreme Court has now eliminated this requirement.
OSHA Updates its Employer Guidance on COVID-19-Related Fatality Reporting | JD Supra
On September 30, 2020, the Occupational Safety and Health Administration (OSHA) updated its answers to frequently asked questions regarding an employer's obligation to report a COVID-19-related fatality if it occurs within 30 days of the work-related incident. Notably, according to OSHA, an "incident" includes exposure to COVID-19 in the workplace.
NLRB Weighs in on the Issue of Employer Neutrality Agreements and Section 7 Rights | JD Supra
The National Labor Relations Board (Board) issued a Guidance Memorandum (Guidance) on September 4, 2020, addressing the analysis of employer assistance in union organizing efforts.
DOL Clarifies Scope of Fluctuating Workweek Overtime Pay Calculation | JD Supra
By definition, the hallmark of the fluctuating workweek (FWW) is that the hours fluctuate. Now, following another opinion letter from the U.S. Department of Labor (DOL) on the topic, employers know that this does not mean fluctuating below 40 hours per week. The DOL was asked to weigh-in on whether an employee's time had to dip below 40 hours in order to qualify for the FWW method of calculating overtime pay.
DOL Issues Temporary Rule, Clarifies Paid Leave Under Families First Coronavirus Response Act | JD Supra
The U.S. Department of Labor (DOL) issued a Temporary Rule on September 11, 2020, regarding the paid sick leave and expanded family medical leave rules under the Families First Coronavirus Response Act (FFCRA). Effective September 16, 2020, the Temporary Rule addresses the four main areas of the FFCRA that the U.S. District Court for the Southern District of New York struck down in State of New York v.
EEOC Issues Guidance on Opioid Use and Accommodation in the Workplace | JD Supra
The U.S. Equal Employment Opportunity Commission (EEOC) issued two technical assistance documents on opioid-related disability issues and reasonable accommodation.
Federal Court in New York Strikes Down Key Provisions of DOL's FFCRA Final Rule | JD Supra
In State of New York v. United States Department of Labor, the Southern District of New York struck down several key aspects of the Department of Labor's (DOL) Final Rule implementing the provisions of Families First Coronavirus Response Act (FFCRA). Brought by the State of New York, this suit challenged several features of the DOL's Final Rule as exceeding the DOL's authority. The DOL cross-filed for summary judgment and moved to dismiss for lack of standing.
"Waiting is Still an Occupation" But Not a Compensable One | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
"Ok Boomer"... From Internet Meme to Workplace Age Discrimination | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Electioneering at the Water Cooler: Protections and Pitfalls of Politics in the Workplace | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
DOL Opinion Letter Expands Scope of Activities Eligible for Intermittent Family Leave | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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