Hunton Profile

Administrative Law Task Force

The Administrative Task Force plays a critical role in keeping our OSHA practice current and vibrant.  We follow developments daily and we work together to analyze the impact that proposed and actual changes will have on the law in general and specifically on our client’s industries. Employers today face an unprecedented range of workplace safety and OSHA legal issues as government increases worker safety and health regulation and demands meticulous reviews by its OSHA inspection force.


Dodging Organized Labor's One-Two Punch: How to Avoid a Knockout in April

Please join Hunton & Williams LLP for a complimentary webinar on Thursday, March 12, 2015
2:00 pm ET – 3:30 pm ET

Program will cover the following:

  • NLRB’s “Quickie Election” rules that will go into effect in April 2015
  • The controversial “micro” bargaining unit rules that make it easier for a union to get its foot in the door
  • Practical things you can do NOW to foster a union free environment
  • Important steps to best posture your organization in the event of a union campaign

Hunton & Williams LLP will seek CLE credit for this program in CA, FL, GA, NC, NY, TX and VA. Credit hours are not guaranteed and are subject to each state’s approval rules.


Supreme Court Case Foreshadows Texas Attorney General Attacks on Disparate Impact Analysis

The U.S. Supreme Court is considering a case that could have important implications to disparate impact analysis, including on criminal background checks.  The case also foreshadows further challenges from the Texas Attorney General to aggressive positions taken by federal enforcement agencies in regard to disparate impact.  The case is Texas Department of Housing & Community Affairs, et al., v. The Inclusive Communities Project, Inc., Case No. 13-1371, and is being argued by the Texas Attorney General.

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Hawaii Supreme Court Weighs In On Whether Criminal Conviction is Related to Radiological Technician Position

“Ban the Box” Laws

At least thirteen states, the District of Columbia, and almost 100 cities and counties have passed so-called “ban the box” laws, which restrict the scope of permissible investigations into job applicants’ criminal history, and, in some cases, the timing of such inquiries.

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San Francisco Passes "Retail Workers Bill of Rights"

The San Francisco Board of Supervisors recently enacted two ordinances – which are being called the “Retail Workers Bill of Rights” – that provide extensive new protections to employees of “formula retail establishments” in San Francisco.  The new ordinances regulate how covered employers manage their workers’ schedules and impose additional financial and administrative burdens on those employers.

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ACA UPDATE: New Proposed Rules And Template For Group Health Plan SBCs

In December 2014, the government issued new proposed rules regarding the requirements for providing a summary of benefits and coverage (SBC). Simultaneous with the proposed rules, the government also published an updated SBC template and uniform glossary.

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Anti-Discrimination Provisions in State Medical Marijuana Laws Raise Additional Considerations for Workplace Drug Testing

Twenty-three states and the District of Columbia have enacted laws which decriminalize the use of marijuana for medical purposes.  Under those statutory schemes, individuals with qualified medical conditions may become registered cardholders and obtain cannabis for medical purposes, often from state-regulated dispensaries.  These developments present an array of new challenges for employers to navigate.

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Court Vacates Department of Labor Wage Regulation Extending FLSA Protections to Home Care Workers

On December 22, 2014, the U.S. District Court for the District of Columbia vacated a new U.S. Department of Labor (DOL) regulation, scheduled to take effect on January 1, 2015, which eliminated an exemption from the Fair Labor Standards Act (FLSA) for employees who provide home companionship and live-in domestic services. Home Care Ass'n of Am. v. Weil, No. 14-cv-967 (D.D.C. Dec. 22, 2014). The DOL's new regulation was controversial not only because it reversed years of precedent under the FLSA, but because many questioned whether the DOL had exceeded its authority in promulgating this regulation.

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Illinois Enacts Auto-Enrollment Savings Program for Private Sector Employees

On January 4, 2015, Illinois Governor Pat Quinn signed into law the Illinois Secure Choice Savings Program Act, which will require private sector employers to make automatic payroll deductions, and place the deductions into a state-run savings plan for the benefit of employees.

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Florida to Increase Minimum Wage Effective January 1, 2015

The Florida Department of Economic Opportunity (“DEO”) announced that the state’s minimum wage of $7.93/hour will be increased to $8.05/hour beginning January 1, 2015.  The minimum wage for tipped employees will correspondingly increase from $4.91/hour to $5.03/hour, with the employer’s maximum tip credit remaining at $3.02/hour.  The DEO has also issued an updated “Notice to Employees” poster which Florida employers are required to post in addition to the federal minimum wage poster as of January 1, 2015.

Minimum wage increases have experienced much activity in 2014.  In addition to our previous posts covering wage hike proposals on the city and federal levels, more than 20 states have either increased or proposed to increase their respective minimum wage.

Paid Sick Leave, Anti-Bullying Training, Joint Employer Liability - Are You Ready For These And Other Changes To California Employment Laws?

As is often the case, the coming new year brings a slate of new requirements for California employers to grapple with. Employers should have these developments on their radar to ensure compliance in 2015 and beyond.

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