Author Archives: Glennys Ortega Rubin

Mandatory Post-Accident Drug Testing Policies May Run Afoul of New OSHA Rule

OSHA recently amended 29 C.F.R. Sec. 1904.35 adding two new provisions. The language may potentially impact an employer's post-accident drug testing policies. CONTINUE READING...

Buy American Hire American: New Executive Order on H-1B Visas for Foreign Workers

On April 17, 2017 the President signed a new Executive Order that directs federal agencies to review employment immigration laws to promote "Hire American" policies. The Order will most likely impact the H-1B visa programs. CONTINUE READING...

The DOJ And FTC Crack Down On Competition Amongst Firms For Employees

At the end of last year, the Department of Justice, Antitrust Division (“DOJ”), and the Federal Trade Commission (“FTC”), jointly authored a guidance to address potential violations of anti-trust laws impacting employee hiring and compensation decisions. The guidance was intended to encourage Human Resources professionals and other decision makers to institute safeguards in situations where companies are attempting to hire the same employees by expressly prohibiting “inappropriate” discussions or agreements. CONTINUE READING...

President Trump Reverses “Blacklisting Rule”

President Trump has permanently blocked previously issued Executive Order 13673 - Fair Pay & Safe Workplaces, also known as the “Blacklisting Rule”. CONTINUE READING...

Worker Misclassification – A Pandora’s Box

Worker misclassification continues to be an ongoing problem throughout the country. The effect of this has its greatest impact on low wage earners. By virtue of being misclassified as independent contractors, as opposed to employees, such workers do not have legal protections of employees, such as minimum wage and overtime protection or unemployment and worker’s compensation coverage. CONTINUE READING...