This edition summarizes key employment law issues, including new clarifications of employers’ COBRA obligations and restrictions on noncompete agreements. We also discuss New York’s new conditions for background check...more
9/2/2021
/ COBRA ,
Criminal Background Checks ,
Department of Labor (DOL) ,
Employee Benefits ,
Employer Liability Issues ,
Form I-9 ,
Gig Economy ,
Hiring & Firing ,
International Labor Laws ,
Labor Regulations ,
Non-Compete Agreements ,
Over-Time ,
State Labor Laws ,
Wage and Hour
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 a series of recent NLRB decisions, many of which apply to all employers, not just those with unionized employees. We also discuss other U.S. federal and state labor and...more
9/26/2019
/ Anti-Discrimination Policies ,
Bonuses ,
CA Supreme Court ,
Choice-of-Law ,
Class Action ,
Competition ,
Contract Modification ,
Data Collection ,
Deadlines ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Domestic Violence ,
Dynamex ,
EEO-1 ,
Employee Training ,
Employer Liability Issues ,
Employment Contract ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Fair Workweek ,
Family and Medical Leave Act (FMLA) ,
Federal Contractors ,
Federal Labor Laws ,
Highly Compensated Employees ,
Independent Contractors ,
Local Ordinance ,
Mandatory Arbitration Clauses ,
Minimum Salary ,
Misclassification ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Non-Exempt Employees ,
Non-Union ,
NYCHRL ,
Opinion Letter ,
Over-Time ,
Private Attorneys General Act (PAGA) ,
Public Schools ,
Reporting Requirements ,
Sexual Abuse ,
Sexual Harassment ,
Social Media Policy ,
State Labor Laws ,
Unilateral Modification ,
Union Membership ,
Unpaid Wages ,
Wage and Hour ,
White-Collar Exemptions ,
Work Schedules
This edition of Employment Flash looks at developments in labor and employment law, including regarding a DOJ appeal of the EEOC's heightened pay reporting requirements, the NLRB's decision narrowing the circumstances under...more
5/29/2019
/ ABC Test ,
Appeals ,
Arbitration Agreements ,
Breastfeeding ,
Class Arbitration ,
Classification ,
Common Law Test ,
Consent ,
Department of Labor (DOL) ,
Disability Discrimination ,
Drivers ,
Drug Testing ,
Economic Realities Test ,
EEO-1 ,
Employee Commissions ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay Report ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Federal Contractors ,
Final Guidance ,
Gender-Based Pay Discrimination ,
Gig Economy ,
Hairstyle Discrimination ,
Independent Contractors ,
Job Applicants ,
Lamps Plus Inc v Varela ,
Memorandum of Guidance ,
National Origin Discrimination ,
NLRA ,
NLRB ,
No-Match Letters ,
NYCHRL ,
NYHRL ,
OMB ,
Over-Time ,
Race Discrimination ,
Retroactive Application ,
SCOTUS ,
Sexual Harassment ,
Social Security Administration (SSA) ,
Successor Bar Doctrine ,
Training Requirements ,
Uber ,
Union Dues ,
Unions
This edition of Employment Flash looks at recent court decisions, including the U.S. Supreme Court's rulings on cases relating to the definition of a whistleblower and exemptions from the overtime pay provisions. This edition...more
5/2/2018
/ Anti-Retaliation Provisions ,
Car Dealerships ,
Classification ,
Confidentiality Agreements ,
Criminal Prosecution ,
Data Controller ,
Data Protection ,
Delivery Drivers ,
Department of Justice (DOJ) ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Employee Privacy Rights ,
Equal Pay Act ,
EU ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
Gender-Based Pay Discrimination ,
Governor Cuomo ,
Hiring & Firing ,
Human Resources Professionals ,
Independent Contractors ,
Internal Reporting ,
Joint Employers ,
Labor Law Violations ,
Navarro v Encino Motorcars ,
New Legislation ,
NLRA ,
NLRB ,
No-Poaching ,
Non-Disclosure Agreement ,
Non-Exempt Employees ,
Non-Solicitation Agreements ,
Over-Time ,
Payroll Audit Independent Determination program (PAID) ,
Payroll Taxes ,
Personally Identifiable Information ,
Salary/Wage History ,
Salespersons ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Service Advisors ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Split of Authority ,
State Labor Laws ,
Tax Cuts and Jobs Act ,
Tax Deductions ,
Technology Sector ,
Title VII ,
Voluntary Self-Audit ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers
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 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
The August 2016 edition of Employment Flash covers a number of developments, including the U.S. Supreme Court's ruling on when the clock starts ticking on the filing period for constructive discharge claims; the Department of...more
8/19/2016
/ Ambush Election Rules ,
Attorney's Fees ,
Benefit Plan Sponsors ,
Constructive Discharge ,
Defend Trade Secrets Act (DTSA) ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Gender Discrimination ,
Green v Brennan ,
Minimum Wage ,
NLRB ,
OSHA ,
Over-Time ,
Paid Leave ,
Parental Leave ,
Pensions ,
Resignation ,
Rounding ,
SCOTUS ,
Sexual Orientation Discrimination ,
Statute of Limitations ,
Wellness Programs ,
White-Collar Exemptions ,
Workplace Injury