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Conversion to At-Will Status Does Not Void Restrictive Covenant, PA Court Holds

Non-solicitation covenants contained in two expired employment agreements were still in effect even after the employees in question were converted to "at-will" status and later terminated, the Pennsylvania Superior Court has...more

T-Mobile Ordered to Dismantle Company-Controlled "Union"

Notwithstanding the change in administrations, the National Labor Relations Board (NLRB) continues to be active in the non-unionized workplace, giving employers another reason to carefully review policies that affect workers,...more

U.S. Supreme Court Rejects De Novo Review for EEOC Subpoenas

The U.S. Supreme Court resolved a circuit court split regarding the standard of review applicable to district court decisions that evaluate the enforceability of EEOC investigative subpoenas and held yesterday that an abuse...more

Trump Repeals Obama's "Blacklisting" Executive Order

As part of a broader effort to reduce government regulations, President Donald Trump has signed a congressional joint resolution that permanently blocks the "Fair Pay and Safe Workplaces" rule, a regulation resulting from an...more

Colorado Businesses Continue to Face "Drive By" Lawsuits Over ADA Accessibility

Plaintiffs have brought more than 150 lawsuits in federal court in Denver against Colorado businesses alleging violations of the Americans with Disabilities Act (ADA) over the past year, following a national trend. These...more

NLRB Complaints May Be Voidable After SCOTUS Ruling

The U.S. Supreme Court has affirmed a lower court's decision to vacate a National Labor Relations Board (NLRB) complaint issued by the Board's Acting General Counsel, who at the time was ineligible to serve based on the...more

SCOTUS Nominee Gorsuch's Judicial Conservatism May Benefit Employers

President Trump's nomination of Judge Neil M. Gorsuch could shape the U.S. Supreme Court for years to come because of the judge's relatively young age (49) and because he could be part of a conservative majority on the Court,...more

Supreme Court Agrees to Decide Enforceability of Class Action Waivers in Employment Agreements

The U.S. Supreme Court has agreed to decide an important issue that has deeply divided the Courts of Appeals—are arbitration provisions in employment agreements that waive an employee's right to bring or participate in class...more

EEOC Rule Requires Employers to Report Summary Pay Data

The Equal Employment Opportunity Commission (EEOC) has finalized its anticipated rule regarding the addition of pay data to its annual Employer Information Report (EEO-1). Beginning on March 31, 2018, private employers with...more

The Close of the Obama Era: What It Means for Employers [Video]

Steven W. Suflas, a partner in the firm’s Labor and Employment Group, outlines five recent Obama administration developments that will shape employer and management liabilities....more

Ninth Circuit Sides with NLRB in Divide over Employee Arbitration Waiver Agreements

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

Arbitrator, Not Court, Decides If Arbitration Agreement Allows Class Arbitration, California Supreme Court Rules

A divided California Supreme Court has held that an arbitrator, rather than a court, should determine whether an arbitration clause in an employment agreement allows employees to bring their claims in arbitration on a...more

Colorado Governor Signs Bill That Gives Employees Right To Review Their Personnel File

A bill requiring Colorado private employers to provide requesting employees with access to inspect and copy their personnel files at least annually has been signed by Governor John Hickenlooper. The bill defines "personnel...more

Circuit Courts Weigh Employee Arbitration Waiver Agreements with Divergent Results

Conflicting decisions issued within one week of each other from the U.S. Courts of Appeals for the Seventh and Eighth Circuits exemplify the ongoing debate in circuit courts across the country about the enforceability of...more

Governor Signs Pregnancy Accommodation Bill into Law Following Passage by Colorado Legislature

Governor Hickenlooper earlier this week signed a bill passed by the Colorado General Assembly that requires Colorado employers to provide reasonable workplace accommodations for applicants and employees who have needs due to...more

The FLSA’s New Overtime Rule Is Here - Higher Ed Applications

The U.S. Department of Labor (DOL) issued a final rule substantially increasing the annual salary an employee must earn to be exempt from overtime pay requirements. The final rule—which takes effect on December 1, 2016,—will...more

The FLSA’s New Overtime Rule Is Here

The U.S. Department of Labor (DOL) issued a final rule substantially increasing the annual salary an employee must earn to be exempt from overtime pay requirements. The final rule—which takes effect on December 1, 2016—will...more

Utah Employers Should Prepare for New Overtime Rules

The Department of Labor (DOL) has submitted its proposed rule regarding the white collar overtime exemptions for a final review to the White House Office of Management and Budget. It is anticipated that the final rule will be...more

Employers Should Prepare for New Overtime Rules

The Department of Labor (DOL) has submitted its proposed rule regarding the white collar overtime exemptions for a final review to the White House Office of Management and Budget. It is anticipated that the final rule will be...more

Divided Supreme Court Allows Public Unions’ Agency Fee Collection to Continue

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

Supreme Court Allows Use of Statistical Sampling in Class Actions, But Only In Narrow Circumstances

The U.S. Supreme Court has held that statistical sampling may be proper in some contexts in its long-awaited decision in Tyson Foods, Inc. v. Bouaphakeo. The case involves the use of statistical sampling by plaintiffs in...more

Colorado Supreme Court Upholds Firing Over Off-Duty Medical Marijuana Use

An employer did not act unlawfully when it fired a quadriplegic worker who used medical marijuana while off duty, the Colorado Supreme Court ruled today in a 6-0 decision. Affirming the April 2013 decision of the Colorado...more

NLRB Rules Workers Have Right To Use Employer E-mail for Organizing Activity, Reversing Precedent

In a closely watched decision, the National Labor Relations Board (the Board) ruled today that workers must be permitted to use their employers’ e-mail systems for union organizing activity and all other communications about...more

12/12/2014  /  Email , NLRB , Purple Communications , Unions

Third Circuit Holds that Courts, Not Arbitrators, Should Rule on Classwide Arbitration

In Opalinski v. Robert Half International, Inc., the United States Court of Appeals for the Third Circuit held that where an arbitration clause is silent as to the availability of classwide arbitration, that issue should...more

Calif. Supreme Court Sides Against NLRB, Finds Class Action Waivers in Arbitration Agreements Enforceable

The Supreme Court of California recently found an employee’s waiver of the right to bring a class action against his former employer enforceable under state law. In the process, the court reversed its 2007 decision in Gentry...more

6/30/2014
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