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Employers are increasingly entering into mandatory arbitration agreements with individual employees, requiring that employment disputes be resolved by an arbitrator rather than in court.

Most employers are aware by now that state and federal governments are cracking down on worker misclassification.

On July 27, in Bimbo Bakeries USA, Inc. v. Botticella, the Third Circuit Court of Appeals affirmed the issuance of a preliminary injunction preventing the former Bimbo Bakeries vice president of operations for California, Chris Botticella, from beginning work in a similar position for Hostess Brands, Inc. (Hostess) in the Eastern United States.

On January 19, 2012, FERC granted a request for jurisdictional determination filed by Kenai Pipe Line Company (Kenai), Tesoro Alaska Company (Tesoro Alaska), and Tesoro Logistics Operations, LLC (collectively, Tesoro).

On September 17, the Federal Energy Regulatory Commission (FERC or the Commission) issued a Revised Policy Statement on Penalty Guidelines (Revised Policy Statement), 132 FERC ¶ 61,216 (2010), which addresses comments received concerning the Commission’s Policy Statement on Penalty Guidelines issued on March 18, 2010.

Rate incentives may become more difficult to obtain; applicants are provided guidance on showings they are expected to make.

On October 21, the Federal Energy Regulatory Commission (FERC or Commission) denied rehearing of its ruling in "Arizona Public Service Co. (APS)", 132 FERC ¶ 61,064 (2010), where it announced that the prohibition against buy/sell transactions applies equally to intrastate pipelines engaged in NGPA Section 311 transactions and to Hinshaw pipelines.

Countering an earlier remand from the Seventh Circuit, the Commission explains why a regional transmission organization should use a postage stamp methodology to allocate the costs of its new high-voltage transmission lines.

The U.S. Commerce Department’s Bureau of Industry and Security (BIS) recently issued a reminder to the industry regarding export requirements.

On March 28, the U.S. Environmental Protection Agency (EPA) issued proposed regulations under section 316(b) of the Clean Water Act that set standards applicable to cooling water intake structures for the protection of aquatic organisms.

Yesterday, the U.S. Supreme Court issued its much-anticipated decision in American Electric Power Co. v. Connecticut, reviewing whether federal common law would support a claim that greenhouse gas emissions could give rise to a public nuisance claim that would warrant injunctive relief against future emissions.

Foreign exchange swaps and foreign exchange forwards are exempted from the definition of "swap" under the Commodity Exchange Act.

The Food and Drug Administration's (FDA's) Center for Devices and Radiological Health (CDRH) today announced its plan of action for implementation of its 510(k) and science recommendations.

Immigrant visas have become unavailable for Indian and Chinese nationals in the EB-2 category; DOS indicates that it may be necessary to establish a cutoff date for the EB-1 category.

EB-2 category for China and India is no longer unavailable; cutoff dates remain for Rest of the World EB-2 category

H-1B visas for this fiscal year are being used at a significantly increased rate from previous years.

Employers should begin to use the new version of the Form I-9, "(Rev. 03/08/13)N," immediately.