Hera Arsen, Ph.D.

Hera Arsen, Ph.D.

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

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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

Pay Transparency Rule to Go Into Effect on Same Day as OFCCP’s Webinar

On Monday, January 11, the Office of Federal Contract Compliance Programs’ (OFCCP) final rule on pay transparency, which prohibits federal contractors from discriminating against employees and applicants “who inquire about,...more

1/8/2016 - Anti-Discrimination Policies Anti-Retaliation Provisions DOL Federal Contractors Final Rules OFCCP Pay Transparency

A New Year’s Resolution for California Employers: Fair Pay Act Compliance

California employers are preparing for the effects the Fair Pay Act—the new law signed by Governor Brown last October that significantly changes California’s gender equality pay law. Senate Bill 358 (SB 358), which went into...more

1/5/2016 - Equal Pay Fair Pay Act Gender-Based Pay Discrimination Governor Brown Wage and Hour

California’s New Piece-Rate Compensation Requirements and a New Affirmative Defense Take Effect January 1, 2016

On October 10, 2015, California Governor Jerry Brown signed Assembly Bill 1513, which added new requirements with regard to employees who work on a piece-rate basis. The new law, which amends California Labor Code section...more

12/16/2015 - Affirmative Defenses Corporate Counsel Governor Brown Minimum Wage New Legislation Piece-Rate Pay Wage and Hour Wage Statements

The DOL’s Fall 2015 Regulatory Agenda: Does it Really Shed Light on the Timing for a Final Overtime Rule?

Approximately three months after the comment period closed on the proposal from the Obama administration and U.S. Department of Labor (DOL) to revise the Part 541 overtime regulations, the DOL issued its Fall 2015 Semiannual...more

12/1/2015 - Comment Period Corporate Counsel DOL Exempt-Employees Regulatory Agenda Rulemaking Process

California’s Gender Identity Legislation: New Protections for Transgender Employees Working with State Agencies

On October 7, 2015, Governor Jerry Brown signed Senate Bill 703 (SB 703), protecting transgender employees whose employers engage in business with state agencies. Specifically, the bill expands on the state’s pre-existing...more

10/9/2015 - Anti-Discrimination Policies Corporate Counsel Government Contractors Jerry Brown New Legislation Transgender

Your Rx for Complying with California’s Newly Effective Paid Sick Leave Law

The Healthy Workplaces, Healthy Families Act of 2014, which Governor Jerry Brown signed on September 10, 2014, goes into effect today, July 1, 2015. The Act requires California employers to provide employees with one hour of...more

7/2/2015 - DLSE Employee Rights Healthy Workplaces Healthy Families Act 2014 New Legislation Notice Requirements

The New Overtime Regulations: Are Your White Collar Employees Still Exempt?

On June 30, 2015, the U.S. Department of Labor (DOL) announced its long-awaited proposed rule that would revise the regulations concerning the white collar exemption contained in section 13(a)(1) of the Fair Labor Standards...more

7/1/2015 - Corporate Counsel DOL Exempt-Employees FLSA Human Resources Professionals NPRM Wage and Hour White-Collar Exemptions

Supreme Court Once Again Saves the ACA: Rules Yes on Tax Credits For Purchasers From a Federal Exchange

On June 25, 2015, the Supreme Court of the United States ruled that tax credits are available to individuals in states that have a federal Exchange under Section 1321 of the Affordable Care Act (the Act or the ACA). In a...more

6/26/2015 - Affordable Care Act Health Insurance Health Insurance Exchanges Income Taxes IRS King v Burwell Public Health Insurance Marketplace State Health Insurance Exchanges Tax Credits

“Ambush” Election Challenge Fails in Federal Court

A federal judge in Texas recently ruled in favor of the National Labor Relations Board (NLRB) in a case challenging the Board’s “ambush” election rules. The lawsuit, Associated Builders and Contractors of Texas, Inc. v....more

6/23/2015 - Abuse of Discretion Administrative Authority Ambush Election Rules NLRA NLRB Protected Activity Right to Privacy Trade Associations Union Elections Unions

California Employers Take the Heat . . . of new Revised Heat Illness Standards

On April 7, 2015, the California Department of Industrial Relations (DIR) and the state safety and health agency announced that the current heat illness prevention regulation has been amended. The Office of Administrative Law...more

6/8/2015 - Employer Liability Issues Heat Exposure OSHA Popular Workplace Safety

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