Since March 2020, the federal Department of Homeland Security (DHS) has permitted employers the flexibility to engage in remote review of certain new employees’ proof of their identity and authorization to work in the United...more
Summary -
Room scans, when required by a public university for students taking remote exams, have the potential to violate test-takers’ constitutional rights to privacy, a judge ruled....more
On September 23, 2021, the U.S. Department of Labor (DOL) published a final rule announcing when it will assess civil money penalties (CMPs) against employers who retain tips earned by their workers. Under the rule,...more
In a closely-watched case that may be a preview of other court decisions involving COVID-vaccination mandates for students returning to school and employees returning to the workplace, a federal district court has denied a...more
On June 21, 2021, the U.S. Department of Labor (DOL) announced that it will propose new regulations limiting the amount of time that tipped employees, like food servers or bartenders, can perform on non-tipped work before...more
On April 7, 2021, the Eleventh Circuit Court of Appeals ruled that Winn-Dixie Stores’ websites are not “public accommodations” and therefore are not subject to the accessibility requirements of Title III of the Americans with...more
On Tuesday, the Department of Labor (DOL) announced that it had issued two Notices of Proposed Rulemaking (NPRM) concerning tipped workers’ compensation. If adopted, the NPRM would delay, for a second time, the effective date...more
The Biden Administration announced further changes to the Payroll Protection Program (PPP). These changes are aimed at increasing lending to small business and independent contractors, removing barriers to borrowing,...more
The Health Insurance Portability and Accountability Act (HIPAA) has been the subject of several major developments already in 2021. Healthcare providers, health plans, healthcare clearinghouses, and business associates...more
At the end of December, the U.S. Court of Appeals for the District of Columbia Circuit upheld a 2015 National Labor Relations Board (NLRB) decision that established a broad test for determining whether two entities could be...more
1/16/2019
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employer Liability Issues ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
NLRA ,
NLRB ,
Regulatory Reform ,
Staffing Agencies ,
Unions ,
Wage and Hour
Philadelphia Mayor Jim Kenney signed two bills last week that provide affected employees in the city with more scheduling certainty and higher wages....more
Businesses with employees in California may need to reevaluate whether their workers are independent contractors or employees in light of a recent decision by the California Supreme Court. ...more
5/16/2018
/ ABC Test ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Risk Assessment ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
BarBri, Inc., a provider of review courses and materials for law school graduates preparing for the bar exam, earlier this month entered into a consent decree to resolve claims that its online and app-based content was not...more
2/1/2018
/ Americans with Disabilities Act (ADA) ,
Consent Decrees ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Law School ,
Mobile Apps ,
Online Courses ,
Online Education ,
Public Accommodation ,
Regulatory Standards ,
Regulatory Violations ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
A federal district court in Texas last week invalidated the U.S. Department of Labor's (DOL) pending overtime regulations—finalized under the Obama Administration—aimed at increasing the salary threshold for overtime...more
The Ninth Circuit Court of Appeals issued a decision last week holding that mortgage underwriters are not exempt from the overtime requirements of the Fair Labor Standards Act (FLSA). The July 6 decision, which furthers a...more
7/12/2017
/ Banking Sector ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Mortgage Servicers ,
Mortgages ,
Over-Time ,
Underwriting ,
Wage and Hour ,
White-Collar Exemptions
A federal judge in Texas has granted a nationwide preliminary injunction sought by several business groups and states preventing the U.S. Department of Labor (DOL) from enforcing its new overtime rules, which had been set to...more
The U.S. Department of Justice (DOJ) has filed a consent decree to resolve allegations by a blind student regarding the accessibility of a university's website and other technologies. The DOJ requires the university to pay...more
The Pennsylvania Superior Court has affirmed a lower court ruling that assesses punitive damages against several individuals and their new employer resulting from their en masse departure from a previous firm and, in the...more
The U.S. Court of Appeals for the Ninth Circuit announced this week that it agrees with the National Labor Relations Board that individual arbitration waiver agreements, which prevent employees from filing or participating in...more
8/26/2016
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Ernst & Young ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7
The U.S. Department of Justice (DOJ) has issued final regulations that expand who is covered under the Americans with Disabilities Act (ADA). The new regulations go into effect on October 11, 2016.
In issuing the final...more
Earlier this month, the National Labor Relations Board (NLRB) General Counsel instructed the agency's regional offices to report any complaints they issue against federal contractors to labor compliance officers. These...more
The U.S. Occupational Safety and Health Administration (OSHA) has issued final regulations that permit the agency to post employer injury and illness data online, and also prohibit employers from discouraging workers'...more
In a much anticipated case, an evenly divided U.S. Supreme Court has issued a per curiam order letting stand a Court of Appeals decision that allows unions to collect dues from public employees, even if those employees do not...more
Northwestern University football players cannot form a union, the National Labor Relations Board (NLRB or Board) decided today. The NLRB based its ruling on its duty to maintain stability in labor relations and notably...more
The Office of Federal Contract Compliance Programs (OFCCP) recently announced its intent to update rules prohibiting sex discrimination by federal contractors and subcontractors. The OFCCP published a Notice of Proposed...more