The court explained that absolute privilege or “immunity” “is based on the personal position or status of the actor” and that one is “absolutely privileged to publish defamatory matter concerning another in communications preliminary to a proposed judicial proceeding or as part of a judicial proceeding in which he is testifying.” Thus, absolute privilege applied because the company was the target of a DOJ FCPA investigation. The justification for such privilege, the court stated, is that “[t]he proper administration of justice requires full and free disclosure of information as to criminal activity both by the public and by participants in judicial proceedings.” The court further explained that “absolute privilege is also extended to quasi-judicial proceedings and other limited instances in which the benefit of the communication to the general public outweighs the potential harm to an individual.” … [Read more...] about New Obligations to Disclose Labor Law Violations Could Expose Contractors to Defamation Liability
Dol labor laws
The new Board also likely will stay the course in areas where the current Board is primed to make additional pro-labor changes, such as extending Weingarten rights to non-union workplaces and making misclassification of employees as independent contractors a separate violation of the NLRA. … [Read more...] about What’s Next in Labor Law after the Presidential Election?
The NLRB attorney also stated that if a region learns during processing of an unfair labor practice charge that OSHA or WHD is handling a parallel investigation into a violation of the statutes they administer, the region should coordinate case processing with DOL through the local DOL Regional Solicitor. … [Read more...] about NLRB to Advise of Labor Law Rights If Violations Revealed During Investigations
FLSA Exempt Classification Regulatory Changes. In summer 2015, the U.S. Department of Labor proposed regulatory changes that will result in the reclassification of many current salaried exempt employees to non-exempt and thus eligible for overtime under the Fair Labor Standards Act. The proposal significantly increases the threshold salary required to qualify as an exempt white collar employee from $455.00 per week ($23,660 per year) to a regularly adjusted amount of approximately $970.00 per week ($50,440 per year). While DOL has not finalized the changes to the regulations, an increase in the salary basis (termed the "salary test") is a near certainty. Additionally, while the proposed regulations did not include a change to the "duties test," it is a possibility that the final regulations will contain changes to the duties tests for the various exemptions that further restrict which employment positions may qualify for salaried-exempt status. We anticipate implementation of these … [Read more...] about Public-Sector Employment and Labor Law Focus for 2016
“In the case of the DOL, we've seen some actions by the new secretary, Secretary Acosta. They removed some of the interpretations that we didn't favor, and those can be struck by the stroke of a pen, so that's impressive to see that happen—sort of the ‘low hanging fruit.’ In the NLRB context, of course, we heard from the Chairman this morning, and he described a series of rulings in which he was in the minority and couldn't push that point across. So we're waiting for ... there's two nominees that are in process. That would give a three-to-two Republican majority, and once you have that you can start to reverse some of those decisions and some of the actions of the previous NLRB. Same thing on the EEOC. We're still waiting for the nominees there to be confirmed who would then create a three-to-two majority on the EEOC, so a lot of what we hope will happen needs those people in place to make it happen.” … [Read more...] about Employment Law This Week September 18, 2017: D.C. Policy Update, Wage and Hour Administrator Nominee, DOL’s 80/20 Rule