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Articles by Peter Rich
(Hopefully) One Less Obstacle to Buying a Unionized Business: The D.C. Circuit Strikes Down the NLRB's "Successor Bar" | JD Supra
Attention companies and private equity buyers evaluating unionized asset acquisition targets.If you buy a unionized business, you may no longer be locked into a mandatory one-year period of bargaining with a union your employees have already rejected - at least in the D.C. Circuit. In Hospital Menonita de Guayama, Inc. v. NLRB, a divided federal appeals court struck down the National Labor Relations Board's "successor bar," ruling the Board never had the authority to impose it. Hosp.
The Effect of Reclassification of Medical Marijuana on the Workplace
Marijuana and its legalization remain a constant topic of conversation for employers. Depending on your state, marijuana may be legal solely for medical use or also legalized for recreational use. It remains important for employers to understand how state and federal regulations of marijuana intersect with company policies and the law related to disabilities.
Disparate Impact: The Law of the Land? | JD Supra
Disparate impact is a long-standing theory of liability recognized under laws like Title VII, the Age Discrimination in Employment Act and many state employment laws. First recognized by the United States Supreme Court in 1971 in Griggs v. Duke Power Co., the Supreme Court held that facially neutral employment practices can violate Title VII where they disproportionately exclude protected groups unless the employer can show the practices are job-related and consistent with business necessity.
SuperVision - Labor & Employment Law Insights, Issue 3, December 2025 | JD Supra
By Emily R. Merritt Since taking office earlier this year, President Trump has signed a flurry of executive orders, many of which greatly impact employment-related issues for employers. For example, Executive Order 14159, “Protecting the American People Against Invasion,” stepped up the enforcement of immigration laws through the U.S. Immigration and Customs Enforcement, the U.S. Department of Homeland Security, and the U.S. Department of Health and Human Services.
The Health Record - Healthcare Law Insights, V 2, Issue 3, March 2025 | JD Supra
Volume 2, Issue 3, 2025 Welcome Welcome to our third issue of 2025 of The Health Record -- our healthcare law insights e-newsletter.
The Pendulum Swings – Changes at the NLRB Under the Trump Administration | JD Supra
The installation of a new Administration with a fundamentally different philosophical identity once again foreshadows fundamental changes in the relationship between private sector employees and employers governed by the National Labor Relations Act (the “Act”). Official acts taken since January 20 confirm that the changes will be at least as significant as those imposed under the Biden administration.
SuperVision - Labor and Employment Law Insights, Issue 1, March 2025 | JD Supra
Welcome to our first issue of SuperVision in 2025. In this edition, we cover the new presidential administration’s anticipated impact on employment agreements, the National Labor Relations Board, and workplace safety enforcement through OSHA and MSHA.
"The Video Club" by Dr. Peter Rich and Dr. Geoffrey Wright
Keywords videoclubs, teaching, self-efficacy, video analysis College Ira A. Fulton College of Engineering and Technology Abstract The goals of this project was to bring students together to research the use of video analysis in varied contexts. Through two different projects, we were able to successfully carry out research in four different contexts: seminary, a private school for autistic children, the English Language Center at BYU, and BYU-Provo.
Sweden updates its Cold War-era warning booklet to include nuclear threats
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DOL Final Rule Imposed a Series of Increases to Minimum Salary Threshold for Overtime Exemptions | JD Supra
As we reported last fall, the Wage and Hour Division of the Department of Labor (DOL) issued a proposed rule in September 2023 to significantly increase the standard salary level applicable to the overtime exemption for certain executive, administrative, and professional occupations, the so-called “white collar” exemptions, and to the “highly compensated employee” (HCE) overtime exemption. This was the DOL’s third effort in recent years to adjust the salary threshold.
On-line Language Learning
Keywords online language learning, CALL, computer assisted language learning Department Comparative Arts and Letters Abstract As technology improves and its popularity increase, more and more people are turning to electronic methods of education. CALL, computer assisted language learning, is one particular field that has tried to jump on the bandwagon.
Predation and the Disproportionate Risk of Driver’s License Suspensions in Economically and Racially Marginalized Communities
Our analysis raises the question of how much the DLSRA (which began ending suspensions for unpaid traffic tickets in mid-2021) could be expected to reduce socioeconomic and racial disparities in community suspension rates. We are also interested in understanding whether disparities could be further reduced through more expansive reforms targeting suspensions for the most common fees and for failure to appear in traffic court.
Planet Earth as a Museum Engaging Students with a’ GPS Enabled Tour
Keywords planet earth, museum, engaging students, GPS enabled tour College David O. McKay School of Education Department Instructional Psychology and Technology Abstract The rise of smartphone and tablet devices has increased the availability of GPSenabled technology for learning activities to students. For the first time ever, these devices have also combined GPS technology with powerful handheld computers.
Avicenna’s Astrolabe
Keywords Arabic learners, game design and development, Arabic course College Family, Home, and Social Sciences Abstract The goals of this project were to bring students from various disciplines across campus to create a digital game for beginning Arabic learners. The initial expectation of the project was to implement the game in an Arabic 101 classroom on BYU campus and evaluate it for further development.
DOL Proposes Substantial increase to Minimum Salary for Overtime Exemptions | JD Supra
Let’s Do It Again The Wage and Hour Division of the Department of Labor (DOL) recently announced its intent to significantly increase the standard salary threshold for the overtime exemption applicable to certain executive, administrative, and professional occupations, the so-called “white collar” overtime exemptions. This is the DOL’s third effort in the last eight years to adjust the standard salary.
Employer Considerations Following the Supreme Court’s Decision on Affirmative | JD Supra
Although developments in higher education on the issue of affirmative action in admissions may not seem relevant to private employers, the U.S. Supreme Court’s recent decision should prompt employers to reexamine their own diversity, equity, and inclusion (“DEI”) and voluntary affirmative action initiatives to ensure that employment decisions are not unlawfully based on membership in protected classifications.
The Site Report - Construction Law Insights - Issue 7, July 2023 | JD Supra
Q&A with the Carolina Small Business Development Fund - We are fortunate to have connected with Kevin Dick, the President & CEO, and Emily Blevins, Marketing & Communications...
Discipline for Offensive or Abusive Conduct Towards Management - What is “Opprobrious” Enough for the NLRB? | JD Supra
June 22, 2023 To embed, copy and paste the code into your website or blog: Employers must be cautious in disciplining employees for offensive or abusive conduct directed at management in the workplace in light of standards recently reestablished by the National Labor Relations Board (“NLRB”).
SuperVision - Labor and Employment Law Insights, Issue 2, June 2023 | JD Supra
By Peter R. Rich Employers must be cautious in disciplining employees for offensive or abusive conduct directed at management in the workplace in light of standards recently reestablished by the National Labor Relations Board (“NLRB”).
"An Evaluation Framework for CALL" by K. James Hartshorn, Benjamin L. McMurry et al.
Keywords Computer-assisted Language Learning, CALL evaluation, language learning Abstract Searching prestigious Computer-assisted Language Learning (CALL) journals for references to key publications and authors in the field of evaluation yields a short list. The American Journal of Evaluation—the flagship journal of the American Evaluation Association—is only cited once in both the CALICO Journal and Language Learning and Technology (Blyth & Davis, 2007).
"Criteria Language Teachers Use When Selecting CALL Technologies" by K. James Hartshorn, Benjamin L. McMurry et al.
Keywords CALL, Evaluation, Criteria, Qualitative, Technology Abstract It is important to identify the criteria that language teachers consider when selecting technologies. Software designers and developers, program administrators, and others need to be aware of adoption issues and practices for CALL technology.
Biden Administration Seeks to Limit Employer Speech to Aid in Union Organizing | JD Supra
Recently, leading officials in the Biden administration have taken steps to prevent employers from sharing their lawful views on collective bargaining in order to aid union efforts to organize more employees. These actions range from encouraging employers to refrain from discussing unions with employees, to seeking to prohibit any discussion about unions with employees while they are working.
SCOTUS Rules on COVID-19 Vaccine Mandates | JD Supra
This afternoon, the Supreme Court of the United States issued rulings on the requests for an emergency stay of OSHA's COVID-19 Vaccination and Testing Emergency Temporary Standard ("Vaccinate or Test Weekly") and the Interim Final Rule issued by Center for Medicare & Medicaid Services that mandates the vaccination against COVID-19 of health care staff employed by Medicare and Medicaid-certified providers and suppliers.
Update on OSHA's Vaccination and Testing ETS - "Back on for Now" | JD Supra
On Friday evening, a split panel decision from the U.S. Court of Appeals for the Sixth Circuit lifted the stay on the OSHA ETS previously issued by the Fifth Circuit. The ETS is applicable to employers with more than 100 employees (but not healthcare employers). We expect a request for an emergency stay to be filed with the Supreme Court of the United States shortly and will continue to follow developments.
COVID-19 Vaccination Mandates: OSHA's Emergency Temporary Standard on the Move | JD Supra
On Monday, November 1, 2021, CNBC reported the Office of Management and Budget ("OMB") completed its review of OSHA's Emergency Temporary Standard ("ETS") that will require larger employers to either adopt a policy for mandatory employee vaccinations or an alternative allowing weekly testing and masking for all unvaccinated employees. OMB approval of the ETS is the last step prior to finalizing the rule and its publication in the Federal Register.
Labor Update: What Got Our Attention in the Past Three Months | JD Supra
There has been a lot of labor activity in the past three months. President Biden announced the two appointees who would join National Labor Relations Board Chair Lauren McFerran to create a majority of Democrats on the Board. President Biden nominated Gwynne Wilcox to fill an existing vacancy. Ms. Wilcox is a senior partner at Levy Ratner, a New York City firm that represents labor unions and employees. Ms. Wilcox also serves as associate general counsel for the largest Local of the SEIU.
"Instructional Design for Learner Creativity" by Jason K. McDonald, Richard Edward West et al.
Title Instructional Design for Learner Creativity Keywords instructional design, creativity Original Publication Citation McDonald, J. K., West, R. E., Rich, P. J., & Hokanson, B. (2020). Instructional design for learner creativity. In Bishop, M. J., Boling, E., Elen, J., & Svihla, V. (Eds.), Handbook for research in educational communications and technology (5th ed., pp. 375-399). Springer Nature Switzerland AG.
Measuring teacher beliefs about coding and computational thinking
This study sought to identify factors that affect teachers’ beliefs about teaching computing in their classrooms. By reviewing existing scales and research on computing, we created the Teacher Beliefs about Coding and Computational Thinking (TBaCCT) scale.
Increase the Pennsylvania Minimum Wage or the Overtime Salary Threshold? | 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.
"Using Online technologies to Extend a Classroom to Learners at a Dista" by John Hilton III, Charles Graham et al.
Title Using Online technologies to Extend a Classroom to Learners at a Distance Authors John Hilton III, Brigham Young University - ProvoFollow Charles Graham Peter Rich David Wiley, Brigham Young University - ProvoFollow Keywords open education, distance learning, technology in the classroom Abstract The authors studied a course in which an instructor allowed individuals at a distance to participate.
“It’s So Wonderful Having Different Majors Working Together”: the Development of an Interdisciplinary Design Thinking Minor
Title “It’s So Wonderful Having Different Majors Working Together”: the Development of an Interdisciplinary Design Thinking Minor Authors Jason K. McDonald, Brigham Young UniversityFollow Richard E. West, Brigham Young UniversityFollow Peter J.
"The Perceived Value of Informal, Peer Critique in the Instructional De" by Jason K. McDonald, Peter J. Rich et al.
Title The Perceived Value of Informal, Peer Critique in the Instructional Design Studio Authors Jason K. McDonald, Brigham Young UniversityFollow Peter J. Rich, Brigham Young UniversityFollow Nicholas B.
Thinking about borrowing against your home to send your kids to college? Think again
When the time comes to send their children off to college, many parents in the U.S. take out loans, draw from savings and earnings and – as some financial advisors recommend – borrow against their homes. In a study we published earlier this year, we found a hidden danger that parents face when they borrow heavily to pay for their children’s college education. We are sociologists who specialize in housing and the Great Recessionand structural inequalities in access to education.
Thinking about borrowing against your home to send your kids to college? Think again
(The Conversation is an independent and nonprofit source of news, analysis and commentary from academic experts.)(THE CONVERSATION) When the time comes to send their children off to college, many parents in the U.S. take out loans, draw from savings and earnings and – as some financial advisors recommend – borrow against their homes.In a study we published earlier this year, we found a hidden danger that parents face when they borrow heavily to pay for their children’s college education.For...
Thinking about borrowing against your home to send your kids to college? Think again
When the time comes to send their children off to college, many parents in the U.S. take out loans, draw from savings and earnings and – as some financial advisors recommend – borrow against their homes. In a study we published earlier this year, we found a hidden danger that parents face when they borrow heavily to pay for their children’s college education. We are sociologists who specialize in housing and the Great Recession and structural inequalities in access to education.
Reversing the Course: Changes Coming to the NLRB - The Board Reverses Course on Handbooks and Joint Employers While the General Counsel Announces More to Come | Spilman Thomas & Battle, PLLC - JDSupra
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FTIR spectroscopic imaging and mapping with correcting lenses for studies of biological cells and tissues
Histopathology of tissue samples is used to determine the progression of cancer usually by staining and visual analysis. It is recognised that disease progression from healthy tissue to cancerous is accompanied by spectral signature changes in the mid-infrared range. In this work, FTIR spectroscopic imaging in transmission mode using a focal plane array (96 × 96 pixels) has been applied to the characterisation of Barrett's oesophageal adenocarcinoma.
Choice, Information, and Constrained Options
It is well known that family socioeconomic background influences childhood access to opportunities. Educational reforms that introduce new information about school quality may lead to increased inequality if families with more resources are better able to respond. However, these policies can also level the playing field for choice by equalizing disadvantaged families’ access to information.
Effect of neighborhood stigma on economic transactions
Although previously theorized, virtually no rigorous empirical evidence has demonstrated an impact of neighborhood stigma on individual outcomes. To test for the effects of neighborhood stigma on economic transactions, an experimental audit of an online classified market was conducted in 2013–2014. In this market, advertisements were placed for used iPhones in which the neighborhood of the seller was randomly manipulated.
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