New York, Minnesota and NLRB Act To Limit Noncompetes -
New York Legislature Passes Bill To Ban Post-Employment Noncompetes -
On June 20, 2023, the New York state Legislature passed a bill that bans post-employment...more
6/23/2023
/ Absenteeism ,
Anti-Discrimination Policies ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Deadlines ,
Electronic Filing ,
Employee Misconduct ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Entrepreneurs ,
EU ,
Form I-9 ,
France ,
Germany ,
Independent Contractors ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Paid Family Leave Law ,
Paid Leave ,
Resignation ,
Restrictive Covenants ,
State and Local Government ,
State Bans ,
State Legislatures ,
UK ,
Unions ,
Whistleblower Protection Policies
This edition of Employment Flash summarizes key employment law issues, including the Department of Labor's proposal for determining independent contractor status, revised DOL regulations that clarify who qualifies for...more
10/16/2020
/ Administrative Procedure Act ,
Amended Rules ,
Arbitrary and Capricious ,
Bias ,
California ,
California Family Rights Act (CFRA) ,
Collective Redundancies Directive ,
Coronavirus/COVID-19 ,
Delivery Drivers ,
Department of Labor (DOL) ,
Earned Sick and Safe Time Act ,
Economic Realities Test ,
Electronic Protected Health Information (ePHI) ,
Employee Benefits ,
Employee Privacy Rights ,
Employee Training ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Federal Bans ,
Federal Contractors ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
France ,
Germany ,
Governor Newsom ,
Independent Contractors ,
International Labor Laws ,
Joint Employers ,
Local Ordinance ,
LPTA ,
Mayor de Blasio ,
Mileage Reimbursement ,
New Rules ,
New York ,
NLRB ,
Non-Compete Agreements ,
Occupational Exposure ,
OFCCP ,
Paid Sick Leave ,
Pay Data ,
Proposed Rules ,
Reasonable Accommodation ,
Reduction in Hours ,
Remote Working ,
Ridesharing ,
Safe Time ,
Sick Leave ,
State Labor Laws ,
Trump Administration ,
UK ,
Virus Testing ,
Workplace Safety
This edition of Employment Flash summarizes key employment law issues related to COVID-19 as well as two seminal U.S. Supreme Court rulings that protect gay and transgender employees from discrimination, and clarify the...more
7/20/2020
/ Adverse Employment Action ,
Age Discrimination ,
Appeals ,
Ballots ,
Business Closures ,
CARES Act ,
Certification Requirements ,
City of Los Angeles ,
Civil Rights Act ,
Contact Tracing ,
Coronavirus/COVID-19 ,
Delivery Drivers ,
Department of Labor (DOL) ,
Emergency Orders ,
Employee Privacy Rights ,
Employee Retention ,
Employee Rights ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Foreign Workers ,
France ,
Hiring & Firing ,
Independent Contractors ,
International Labor Laws ,
LGBTQ ,
Local Ordinance ,
Misclassification ,
NLRB ,
Notice Requirements ,
Over-Time ,
Paid Family Leave Law ,
Posting Requirements ,
Re-Opening Guidelines ,
Rehiring Issues ,
Restrictive Covenants ,
Return-to-Work Agreements ,
Right of Recall ,
San Francisco ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender ,
UK ,
Unemployment Benefits ,
Unemployment Compensation System ,
Unlimited Benefits ,
Vacation Pay ,
Vicarious Liability
This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more
2/14/2020
/ Arbitral Deference ,
Arbitration ,
Confidentiality Policies ,
Criminal Convictions ,
Department of Labor (DOL) ,
Disability Discrimination ,
Drug Testing ,
Dynamex ,
Email Policies ,
Employee Rights ,
Employer Liability Issues ,
Equality Act ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Form I-9 ,
France ,
Gender-Based Pay Discrimination ,
H-1B ,
Harassment ,
Hiring & Firing ,
Independent Contractors ,
Injunctive Relief ,
Internal Investigations ,
International Labor Laws ,
Job Applicants ,
Joint Employers ,
Local Ordinance ,
Mandatory Arbitration Clauses ,
Marijuana ,
Medical Marijuana ,
Misclassification ,
NLRB ,
Pay Discrimination ,
Pay Equity Laws ,
Pay Rates ,
Recreational Use ,
Religious Beliefs ,
Severance Agreements ,
State and Local Government ,
State Labor Laws ,
Tip Credit ,
Title VII ,
UK ,
Union Elections ,
Veganism ,
White-Collar Exemptions ,
Workplace Investigations
This edition of Employment Flash looks at developments in labor and employment law, including a Supreme Court ruling that Title VII’s charge-filing requirement is nonjurisdictional and new state legislation in New York,...more
8/1/2019
/ ABC Test ,
Affirmative Defenses ,
Amended Complaints ,
Charge-Filing Preconditions ,
Civil Rights Act ,
De Minimis Claims ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
EU ,
Faragher/Ellerth defense ,
Federal Arbitration Act ,
Forfeiture ,
Fort Bend County Texas v Davis ,
France ,
Gender Discrimination ,
Gender Violence Acts ,
International Labor Laws ,
Jurisdictional Requirements ,
Mandatory Arbitration ,
Non-Compete Agreements ,
NYHRL ,
Off-The-Clock ,
Pay Gap ,
Recordkeeping Requirements ,
Sarbanes-Oxley ,
State Labor Laws ,
Title VII ,
Transparency ,
Wage and Hour ,
Whistleblowers ,
Work Schedules ,
Workplace Safety
This edition of Employment Flash looks at developments in labor and employment law, including with respect to restrictive covenants; new state anti-harassment laws; minimum wage increases; age bias claims; and the employee...more
1/31/2019
/ ADEA ,
Age Discrimination ,
Amended Rules ,
Anti-Harassment Policies ,
Appeals ,
Common Law Test ,
Employer Liability Issues ,
Employment Policies ,
Federal Labor Laws ,
France ,
Gender-Based Pay Discrimination ,
Germany ,
Independent Contractors ,
International Labor Laws ,
Job Applicants ,
Minimum Wage ,
Misclassification ,
NLRB ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Pay Gap ,
Protected Concerted Activity ,
Reporting Requirements ,
Restraint of Trade ,
Restrictive Covenants ,
Salary/Wage History ,
Sexual Harassment ,
State Labor Laws ,
Transparency ,
UK ,
Vicarious Liability ,
Workers' Compensation Claim
Recently Passed US Federal, State and Local and International Employment Laws -
This November 2017 special edition of the Employment Flash summarizes certain noteworthy U.S. federal, state and local, as well as...more
12/2/2017
/ Breastfeeding ,
California Family Rights Act (CFRA) ,
Compensation & Benefits ,
Criminal Background Checks ,
Department of Labor (DOL) ,
Earned Sick Time ,
Employment Tribunals ,
Equal Pay ,
Federal Labor Laws ,
FEHA ,
Form I-9 ,
France ,
Germany ,
Local Ordinance ,
Minimum Salary ,
Over-Time ,
Paid Family Leave Law ,
Parental Leave ,
Sexual Harassment ,
State Labor Laws ,
UK ,
UK Employment Appeal Tribunal ,
Whistleblower Protection Policies ,
White-Collar Exemptions
This edition examines recent labor and employment developments at the U.S. federal, state and local levels, including a Texas district court ruling invalidating the Department of Labor's overtime rule; a New York appellate...more
9/25/2017
/ Agency Deference ,
Appeals ,
Class Action Arbitration Waivers ,
Department of Labor (DOL) ,
EEO-1 ,
Fair Labor Standards Act (FLSA) ,
France ,
Gender Discrimination ,
Gig Economy ,
Harassment ,
Hiring & Firing ,
Independent Contractors ,
International Labor Laws ,
Joint Employers ,
Minimum Salary ,
NLRB ,
Over-Time ,
Pay Data ,
Preliminary Injunctions ,
Presidential Nominations ,
Restrictive Covenants ,
Senate Confirmation Hearings ,
Slurs ,
State Labor Laws ,
Tip Credit ,
UK ,
Wage and Hour ,
White-Collar Exemptions
This edition examines recent labor and employment developments at the U.S. federal, state and local levels, including the House of Representatives' American Health Care Act and the Senate's Better Care Reconciliation Act, the...more
6/29/2017
/ Administrative Interpretation ,
Affordable Care Act ,
Arbitration Agreements ,
CA Supreme Court ,
Comp Time ,
Conditional Certification ,
Criminal Convictions ,
Day of Rest Laws ,
Department of Labor (DOL) ,
Employer Mandates ,
Employment Discrimination ,
Equal Pay Act ,
Essential Health Benefits ,
Extraterritoriality Rules ,
Fair Labor Standards Act (FLSA) ,
Fair Workweek ,
Fast-Food Industry ,
Federal Arbitration Act ,
Federal v State Law Application ,
Food Service Workers ,
France ,
Germany ,
Health Insurance ,
Healthcare Reform ,
Hiring & Firing ,
International Labor Laws ,
Joint Employers ,
Kindred Nursing Centers v Clark ,
Misclassification ,
Parental Leave ,
Retail Workers ,
Salary/Wage History ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Sexual Stereotyping ,
Split of Authority ,
State Labor Laws ,
Title VII ,
Unpaid Overtime ,
Whistleblowers
This edition of the Employment Flash looks at a Texas court's grant of a preliminary injunction blocking implementation of a DOL rule that would have more than doubled the minimum salary requirements for the executive,...more
12/19/2016
/ Anti-Retaliation Provisions ,
Board of Directors ,
Collective Bargaining ,
Corporate Governance ,
Department of Labor (DOL) ,
Drug Testing ,
Duty of Fair Representation ,
France ,
Freelance Workers ,
Minimum Salary ,
OSHA ,
Over-Time ,
Preliminary Injunctions ,
Reporting Requirements ,
State and Local Government ,
UK ,
White-Collar Exemptions ,
Workplace Illness and Injury Reporting ,
Workplace Injury
Spotlight on Whistleblower Protections -
On October 24, 2016, the Securities and Exchange Commission (SEC) issued a “risk alert” regarding SEC registrants’ compliance with Rule 21 F-17, which implements Section 21F of...more
10/31/2016
/ Acquiescence ,
Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Defend Trade Secrets Act (DTSA) ,
Educational Institutions ,
Employee Restrooms ,
Employment Contract ,
Equal Employment Opportunity Commission (EEOC) ,
EU ,
Fair Pay Act ,
Federal Contractors ,
France ,
Freedom To Work Act ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
LGBTQ ,
Minimum Wage ,
NCAA ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Private Attorneys General Act (PAGA) ,
SEC Examination Priorities ,
Securities and Exchange Commission (SEC) ,
Sharing Economy ,
Sick Leave ,
Student Athletes ,
Transgender ,
Transportation Industry ,
Uber ,
UK ,
UK Brexit ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers