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The Pregnant Workers Fairness Act: EEOC Issues Final Regulations

On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued its final rule implementing the Pregnant Workers Fairness Act (PWFA). The final rule will be published in the Federal Register on April 19,...more

1 More Hour of Sleep but 4 More Wage and Hour Problems as Daylight Saving Time Ends

​​​​​​​On Sunday, November 6, 2022, at 2:00 a.m., daylight saving time will end. This World War I–era practice of turning back the clock one hour in the fall became a federal law in the United States when President Lyndon...more

SCOTUS Case Watch 2019-2020: Welcome to the New Term

The Supreme Court of the United States kicked off its 2019-2020 term on October 7, 2019, with several noteworthy cases on its docket. This term, some of the issues before the Court will likely have great historical...more

“It Says What It Says”: Dodd-Frank Whistleblower Protection Requires SEC Reporting, SCOTUS Rules

On February 21, 2018, the Supreme Court of the United States ruled that the anti-retaliation provision of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act does not extend to an individual who has not...more

New Supreme Court Term to Kick Off With Argument in Class Action Waiver Cases

On July 19, 2017, the Supreme Court of the United States released the October 2017 term’s calendar for oral arguments, including the date it will hear oral argument in the three consolidated class action waiver cases that are...more

Here We Go Again! DOL Proposes to Rescind the Permanently Enjoined “Persuader” Rule (and Perhaps Revise It)

The U.S. Department of Labor (DOL) moved one step closer to undoing President Obama's permanently enjoined “persuader activity” regulation when, on June 12, the agency issued a notice of proposed rulemaking (NPRM) for reverse...more

States May Not “Hale” an Out-of-State Railroad: No Personal Jurisdiction, Supreme Court Rules

On May 30, 2017, the Supreme Court of the United States held that section 56 of the Federal Employers’ Liability Act (FELA) does not address personal jurisdiction over railroads. The two underlying lawsuits were filed in...more

ADA and FMLA Claims Fail for Call Center Employee Who Dropped Calls

In a published opinion, the Tenth Circuit Court of Appeals recently ruled that the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) do not require employers to excuse an employee’s misconduct...more

Governor Cuomo Signs Executive Orders to Close the Wage Gap as part of “New York Promise” Agenda

There is no doubt that pay equity and pay data have both been a major focus of the federal government enforcement agenda during the Obama administration. While we wait to see if and how the Trump administration will address...more

The “Opposite of Work”: California Supreme Court Issues On-Call Rest Break Ruling

On December 22, 2016, the Supreme Court of California ruled that California law prohibits on-duty and on-call rest periods. According to the court, “[d]uring required rest periods, employers must relieve their employees of...more

Does the ADA Protect a Customer Service Agent With Dissatisfied Customers? The Ninth Circuit Says No

The Ninth Circuit Court of Appeals recently ruled against a failure-to accommodate claim brought by a customer service employee who was fired for poor performance. According to the court, the former employee, who suffered...more

New York Attorney General Answers White House’s Call: Promises Bill to Curb Non-Compete Use

On the same day that the White House released its “State Call to Action on Non-Compete Agreements,” encouraging states to adopt best practice policies in the enforcement of non-compete agreements, New York State’s Attorney...more

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

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

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

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

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

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

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

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

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

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

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

Supreme Court Eliminates Notice-and-Comments for Some Agency Interpretations

On March 9, 2015, the Supreme Court of the United States ruled that the Paralyzed Veterans doctrine, which requires an agency to use the notice-and-comment procedures of the Administrative Procedure Act (APA) when issuing a...more

Supreme Court Rules Security Screenings Are Not "Integral and Indispensable" to Principal Activities and Thus Not Compensable

On Tuesday, December 9, 2014, the Supreme Court of the United States ruled that the time workers spend waiting to undergo and undergoing security screenings is not compensable under the Fair Labor Standards Act (FLSA)....more

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