Hera Arsen, Ph.D.

Hera Arsen, Ph.D.

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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GAO Report Finds Weaknesses in OFCCP Compliance Evaluations

On September 22, 2016, the U.S. Government Accountability Office (GAO) released a report evaluating the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP). The report, entitled “Equal...more

9/23/2016 - DOL Federal Contractors GAO Information Reports Non-Discrimination Rules OFCCP

Low-Wage Employees in Illinois Protected From Noncompetes Under New Law

On August 19, 2016, Illinois Governor Bruce Rauner signed a bill prohibiting noncompete agreements for low-wage employees. In addition to prohibiting most private-sector employers from entering into noncompetes with its...more

8/29/2016 - Governor Rauner Low-Wage Workers New Regulations Non-Compete Agreements

Is Your Conference Room a PokéStop? Employer Hacks for When Apps Attack

A recent CareerBuilder survey found that 24 percent of employees are using their smartphones for gaming while at work. This number is sure to be on the rise with the release of the Pokémon Go game. According to recent...more

8/3/2016 - Employment Policies Mobile Apps Pokemon Smartphones Video Games

OMB Renews OFCCP’s Scheduling Letter and Itemized Listing Until 2019

On July 1, 2016, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced that the Office of Management and Budget (OMB) renewed the Scheduling Letter and Itemized Listing for three...more

7/5/2016 - Affirmative Action Confidential Information Contractor Audits Federal Contractors OFCCP OMB Scheduling Letters

Fisher, the Sequel: Supreme Court Upholds Public University’s Affirmative Action Program

On June 23, 2016, the Supreme Court of the United States ruled that the race-conscious admission program that a public university used for undergraduate admissions was lawful under the Equal Protection Clause of the...more

6/24/2016 - Affirmative Action College Admissions Diversity Equal Protection Fisher v University of Texas Fourteenth Amendment Race Discrimination Reverse Discrimination SCOTUS Strict Scrutiny Standard Universities University of Texas

Car Dealership’s Service Advisors’ Overtime Controversy Stalls in the Supreme Court

On June 20, 2016, the Supreme Court of the United States issued a ruling regarding the Fair Labor Standards Act’s (FLSA) overtime exemption for “any salesman, partsman, or mechanic primarily engaged in selling or servicing...more

6/21/2016 - Arbitrary and Capricious Car Dealerships Chevron Deference DOL Exempt-Employees FLSA Navarro v Encino Motorcars Over-Time SCOTUS Service Advisors Wage and Hour White-Collar Exemptions

SCOTUS Rules: Notice of Resignation Starts the Clock in a Federal Employee’s Constructive Discharge Case

On May 23, 2016, the Supreme Court of the United States decided when the limitations period for filing a lawsuit begins to run for a federal employee claiming he or she resigned—or was “constructively discharged”—due to...more

5/24/2016 - Constructive Discharge Corporate Counsel EEOC Federal Employees Green v Brennan Race Discrimination Resignation Retaliation SCOTUS Statute of Limitations Title VII USPS

How Much Harm Is Enough? SCOTUS Tackles Standing to Sue

On May 16, 2016, the Supreme Court of the United States decided a case, Spokeo, Inc. v. Robins, (No. 13–1339), involving standing to maintain an action in federal court. In the Spokeo case, an individual claimed that a search...more

5/17/2016 - Article III Background Checks Class Action FCRA Hiring & Firing Injury-in-Fact SCOTUS Spokeo v Robins Standing

The DOL's New Final Overtime Rule Is Likely To Be Released on Wednesday, May 18

The U.S. Department of Labor’s (DOL) Wage and Hour Division delivered its proposed final revisions to the Fair Labor Standards Act’s (FLSA’s) Part 541 overtime regulations to the Office of Information and Regulatory Affairs...more

5/17/2016 - DOL Final Rules FLSA Minimum Salary Over-Time Wage and Hour White-Collar Exemptions

Why Can’t We Be Friends? The Supreme Court Discovers an Unexpected Meeting of the Minds in Zubik v. Burwell

Regardless of one’s preferred metaphor, the Supreme Court of the United States is adept at ducking, punting, and otherwise avoiding messy and socially divisive interpretive issues. Every once in a while, the parties even help...more

5/17/2016 - Affordable Care Act Contraceptive Coverage Mandate Corporate Counsel Employer Group Health Plans Non-Profits Popular Religious Freedom Religious Freedom Restoration Act Remand SCOTUS Vacated Women's Rights Young Lawyers Zubik v Burwell

Countdown to the Final Overtime Rule: The Clock Is Ticking on Your Current Exemptions

On March 15, 2016, the U.S. Department of Labor’s (DOL) Wage and Hour Division delivered its proposed final revisions to the Fair Labor Standards Act’s Part 541 overtime regulations to the Office of Information and Regulatory...more

5/2/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary OIRA OMB Over-Time Wage and Hour White-Collar Exemptions

California’s New Guidance & FAQs for Employers of Transgender Employees

On February 17, 2016, the California Department of Fair Employment and Housing (DFEH) announced that it was issuing a guidance on how to comply with the Fair Employment and Housing Act (FEHA), which was geared toward...more

4/28/2016 - Anti-Discrimination Policies Anti-Harassment Policies Dress Codes EEOC Employee Restrooms Employer Liability Issues Gender Identity Governor Brown New Guidance OSHA Transgender

California Governor Signs Paid Family Leave Expansion Into Law

On April 11, 2016, California Governor Jerry Brown signed legislation that will increase the wage replacement rate under the Paid Family Leave program for California workers from its current level of 55 percent to 60 or 70...more

4/12/2016 - Corporate Counsel Disability Benefits Governor Brown New Legislation Paid Family Leave Law Paid Leave Temporary Disability Insurance Unemployment Compensation System Wage and Hour

Governor Brown Signs California’s $15 Minimum Wage Bill

On April 4, 2016, Governor Brown—as expected—signed a bill to raise the state minimum wage rate to $15.00 per hour by 2022. The new law will increase the minimum wage for large and small businesses according to two schedules...more

4/5/2016 - Exempt-Employees Governor Brown Minimum Salary Minimum Wage New Legislation Wage and Hour

California Supreme Court Takes a Stand on Employers' Obligations to Provide Seating

On April 4, 2016, the Supreme Court of California ruled on employers’ obligations, under certain circumstances, to provide seating for employees under Industrial Welfare Commission Wage Order No. 7-2001, which states that...more

4/5/2016 - Burden of Proof CA Supreme Court Corporate Counsel Employer Liability Issues Suitable Seats Lawsuits Totality of Circumstances Test

California Employers: New Requirements In Effect April 1, 2016. Is Your Harassment/Discrimination Policy Ready?

On April 1, 2016, recent changes by the California Fair Employment and Housing Council to the regulations implementing the state’s Fair Employment and Housing Act (FEHA) took effect. Among the changes are an expanded training...more

4/4/2016 - Anti-Discrimination Policies Anti-Harassment Policies Anti-Retaliation Provisions Complaint Procedures FEHA New Regulations Policies and Procedures Sexual Harassment Training Requirements

The Supreme Court’s Decision on Public Union Fees: Still Valid But No Further Guidance

On March 29, 2016, the Supreme Court of the United States issued a per curiam opinion in a case on the validity of public-sector “agency shop” arrangements, which permit unions to charge a fee (in order to pay for select...more

3/30/2016 - Fair Share Law First Amendment Friedrichs v CA Teachers Association Justice Scalia Public Employees Public Sector Unions SCOTUS Teachers Union Dues Unions

California Supreme Court Issues Pro-Arbitration Agreement Decision

On March 28, 2016, the Supreme Court of California issued another ruling on the enforceability of arbitration agreements. In Baltazar v. Forever 21, Inc. (S208345), the court considered the enforceability of an arbitration...more

3/29/2016 - American Arbitration Association Arbitration Agreements CA Supreme Court Corporate Counsel Enforceability Injunctive Relief Motion to Compel TRO Unconscionable Contracts

ERISA Preemption Made Easy? Supreme Court Sends Vermont All-Payer Database Back to the Drawing Board

On the first day of decisions since the unexpected passing of Justice Scalia, the Supreme Court of the United States ventured into the thorny area of preemption under the Employee Retirement Income Security Act (ERISA) and...more

3/3/2016 - Corporate Counsel ERISA Gobeille v Liberty Mutual Insurance Com. Health and Welfare Plans Plan Administrators Preemption Recordkeeping Requirements Reporting Requirements SCOTUS Self-Funded Health Plans

New Year, New Commuter Benefits for New Yorkers: FAQs on the New Law

On January 1, 2016, New York City’s Mass Transit Benefits Law, Local Law 53, went into effect, requiring employers with 20 or more full-time employees working in New York City to offer commuter benefits to those full-time...more

2/23/2016 - Exemptions Fringe Benefits Full-Time Employees New Legislation Transit Benefits

Swipe Left to Avoid Liability: Policing Dating Apps in the Workplace

According to a 2015 survey, nearly two-thirds of people in the United States and over 2 billion people worldwide own smartphones. For some smartphone users, their phones are their only avenue of access to the Internet....more

2/11/2016 - Bring Your Own Device Corporate Counsel Dating Services Love Contracts Mobile Devices Sexual Harassment Smartphones Workplace Romances

President to Announce Plan to Improve Gender Pay Gap: EEOC to Increase Employers’ Reporting Requirements

Today, President Obama is expected to announce that the U.S. Equal Employment Opportunity Commission (EEOC) plans to require employers to report what they pay their employees—by gender, race, and ethnicity—to the federal...more

1/29/2016 - EEO-1 EEOC Obama Administration Pay Transparency Reporting Requirements

How Not to Moot a Case: Supreme Court Rules Case Remains Live After Unaccepted Offer of Settlement

On January 20, 2016, the Supreme Court of the United States decided another case in a line of cases addressing the issue of class action mootness. Specifically, the justices ruled that an unaccepted settlement offer or offer...more

1/22/2016 - Article III Campbell Ewald v Gomez Class Action Federal Contractors Mootness Rule 23 SCOTUS Sovereign Immunity TCPA

Are You a Joint Employer? WHD Issues Guidance in the Form of an Administrator’s Interpretation

On January 20, 2016, the Wage and Hour Division (WHD) of the U.S. Department of Labor released an Administrator’s Interpretation (AI) on joint employment under the Fair Labor Standards Act (FLSA) and Migrant and Seasonal...more

1/21/2016 - DOL Employer Liability Issues FLSA Joint Employers Migrant Workers Wage and Hour

Which Way Did Our Money Go? Supreme Court Decides ERISA Subrogation Issue

On January 20, 2016, the Supreme Court of the United States addressed the first of several ERISA-related cases on its October 2015 docket, reversing the Eleventh Circuit Court of Appeals and concluding that the trustees of...more

1/21/2016 - Employer Group Health Plans ERISA Montanile v Board of Trustees SCOTUS Subrogation

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