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Expansion of Rights for Victims of Workplace Sexual Harassment in California

On September 30, 2018, Governor Jerry Brown of California signed into law several bills aimed at strengthening the rights of an individual alleging workplace sexual harassment. The most impactful of the new bills is the Stand...more

New York Releases Model Sexual Harassment Prevention Policy and Training for Employers

On August 23, 2018, New York Governor Andrew Cuomo announced proposed guidelines for complying with the state’s newly-enacted legislation addressing sexual harassment in the workplace through education and prevention....more

California Supreme Court Restricts De Minimis Defense in State Law Claims for Small Amounts of Unpaid Wages

Under the federal Fair Labor Standards Act, a well-established body of law rejects claims for unpaid minimum wages and overtime based on very small increments of time that are administratively difficult to record. This...more

California Supreme Court Adopts a More Streamlined Worker Friendly Test to Determine Independent Contractor Status

In a broad-ranging decision issued on April 30, 2018, the Supreme Court of California announced a new legal standard to determine whether a worker is an employee or an independent contractor under California law, adopting a...more

Ninth Circuit Rules That Prior Salary Cannot Justify Gender Pay Differentials Under the Equal Pay Act

On April 9, 2018, the U.S. Court of Appeals for the Ninth Circuit ruled in Rizo v. Yovino that an employer cannot use an employee’s prior salary to justify a wage disparity between male and female employees under the federal...more

California Supreme Court Establishes Overtime-Calculation Formula for Employees Receiving Flat-Sum Bonuses

Under both federal and state law, overtime compensation owed to a nonexempt employee must be based on the employee’s “regular rate of pay.” That regular rate includes not only the employee’s standard hourly rate but also an...more

Second Circuit Becomes the Second Federal Appeals Court to Hold That Title VII Prohibits Sexual Orientation Discrimination

On February 26, 2018, the U.S. Court of Appeals for the Second Circuit became the second federal appeals court to rule that Title VII of the 1964 Civil Rights Act (“Title VII”) bars employers from discriminating on the basis...more

NLRB Reverts to a Broad Test for Determining Joint Employer Status At Least for Now

In a December 18, 2017 Legal Alert, we reported on the National Labor Relations Board’s Hy-Brand Industrial Contractors, Ltd. decision. That decision overruled a broad test for determining joint-employer status under the...more

US Department of Labor Issues Updated Guidelines for Internship Programs Under the Fair Labor Standards Act

On January 5, 2018, the U.S. Department of Labor’s Wage and Hour Division issued Fact Sheet #71, which sets forth new federal guidelines for determining whether an intern or student at a for-profit company must be paid under...more

The NLRB Adopts New Standards for Analyzing Workplace Rules and Determining Joint-Employer Status

The recent addition to the National Labor Relations Board (the “Board”) of two new members appointed by President Trump has altered the balance of power at that agency. This change was reflected on December 14, 2017, when the...more

OSHA Sets December 15 Deadline to Electronically Submit Workplace Injury and Illness Reports

After much uncertainty and delay, the Occupational Safety and Health Administration confirmed that the deadline for employers to electronically submit injury and illness data from their 2016 OSHA Form 300A is December 15,...more

California Enacts Law Barring Pre-Employment Inquiries About Salary History

On October 12, 2017, Governor Jerry Brown of California signed into law a statute that prohibits employers from seeking salary-history information, including compensation and benefits information, about an applicant for...more

New Georgia Law Allows Employees to Use Sick Leave for Care of Family Members

On May 8, 2017, Georgia Governor Nathan Deal signed into law a new statute requiring certain employers to allow their employees to use up to five days of their available paid sick leave to care for immediate family members....more

The Seventh Circuit Holds That Title VII Prohibits Sexual Orientation Discrimination: Key Takeaways for Employers

On April 4, 2017, the Seventh Circuit, sitting en banc, held in Hively v. Ivy Tech Community College of Indiana that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual orientation. In an...more

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