Labor & Employment Updates

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.
News & Analysis as of

Six Things About The ADA That Even An Employer Can Love.

When President George H.W. Bush signed you into law in 1990, I had been practicing employment law for less than two years, so I feel like you and I grew up together....more

New Laws in Local Jurisdictions

A number of new laws went into effect in Virginia, Maryland and the District of Columbia as of July 1, 2015. These include the following: In Virginia: Employers are no longer permitted to require workers or job...more

Supreme Court Expands Religious Discrimination Liability

Most employers know that Title VII prohibits discrimination against applicants or employees based on religion. They also know that Title VII requires employers to provide reasonable, religion-based accommodations to employees...more

Just how wide is the band of reasonable responses for misconduct dismissals?

In Newbound v Thames Water Utilities Ltd, the Court of Appeal has restored an Employment Tribunal’s decision that the Claimant was unfairly dismissed for a breach of his employer’s health and safety procedures....more

By the Numbers: The Summer of Employment Law

There’s no doubt that this summer is keeping human resources professionals and employment lawyers hopping. With new proposed rules on overtime, benefit coverage for married same-sex couples, a few birthdays, and ongoing data...more

Megan’s Law: How California Limits its Use for Employment Purposes

Since New Jersey led the way in 1994, many states have enacted so-called Megan’s Laws, which establish public online registries of individuals who have been convicted of a sex-based offense. California’s version of Megan’s...more

DOL Proposes New FLSA Test for Employee Exemptions and Issues New Guidance for Independent Contractor Classifications

What you need to know: The Department of Labor recently proposed an important change to the Fair Labor Standards Act that would significantly reduce the number of employees who are properly deemed “exempt” from the...more

Blog: Do Perceptions Of Wage Fairness Affect Consumer Behavior?

The answer is yes, according to a recent study from the Harvard Business School, “Paying Up for Fair Pay: Consumers Prefer Firms with Lower CEO-to-Worker Pay Ratios. Just in time to be part of the mood music for the SEC’s...more

Heads up! Inflation Adjustments To Acquisition Thresholds Are Just Around The Corner

On July 2, 2015, the FAR Council issued a Final Rule that amends the FAR, effective October 1, 2015, to implement inflation-based adjustments to certain acquisition-related monetary thresholds. 80 Fed. Reg. 38293. The...more

Latest on Uber: Are the Drivers Employees or Independent Contractors?

The California Labor Commission recently ruled an Uber driver was an employee of Uber–as opposed to an independent contractor–and therefore must be reimbursed approximately $4,000.00 for expenses she incurred as an Uber...more

[Event] 2nd Annual West Coast Ambulatory Surgery Center Seminar - October 6, Los Angeles, CA (Early Bird Registration ends Aug....

Please join us for Nossaman LLP's 2nd Annual West Coast Ambulatory Surgery Center Seminar and learn from seasoned industry experts the key strategies for successfully navigating healthcare's rocky shores relating to ASCs,...more

Abu Dhabi Global Markets: New Regulations: Employment Regulations

It remains the case that no UK employment statutes have been expressly listed as applying in the ADGM, however, although there are no express provisions relating to post-termination restrictions in the Employment Regulations,...more

Cybersecurity Update - July 2015

Employees are the front line of your information security defense. While technological protections are essential (for example, anti- virus software, firewalls, spam filters, etc.), none are as effective as a vigilant end...more

NLRB’s New Election Rules Are Here to Stay

The NLRB’s “ambush” or “quickie” election rules are definitely here to stay. A federal judge in a Washington, D.C. district court rejected the U.S. Chamber of Commerce and other business groups’ challenge to the Board’s new...more

Wisconsin Eases, But Does Not Eliminate, the One Day of Rest in Seven Law

Effective July 14, 2015, Wisconsin has made it easier for an employer to comply with Wisconsin Statute 103.85, Wisconsin’s “one day of rest in seven” requirement. Under this statute, most factory and mercantile employers must...more

Governor Rauner and AFSCME Extend Master Agreement, But Only Through September

Earlier this week, Governor Rauner and AFSCME Council 31, the union representing almost 40,000 state workers, agreed to temporarily extend the terms of the 2012-2015 collective bargaining agreement (CBA) and prohibit a strike...more

“Zero tolerance” policy on drugs in workplace upheld by human rights tribunal where employee did not have “marijuana card”

An employee who smoked marijuana on the job without legal and medical authorization was not discriminated against when dismissed under his employer’s “zero tolerance” policy, the British Columbia Human Rights Tribunal has...more

AT&T Was Right in Banning Employee “Prisoner” T-shirts

The U.S. Court of Appeals for the District of Columbia recently ruled that AT&T had a right to forbid its employees, when interacting with the public, from wearing t-shirts that the company reasonably believed could harm its...more

Illinois Releases Pregnancy Accommodation Proposed Rules

The Illinois Department of Human Rights (IDHR) released proposed rules regulating pregnancy discrimination and accommodation in employment. Released on July 17, 2015, these rules are authorized by the Illinois Pregnancy...more

White House Releases Report on Improving and Modernizing the Immigration System to Meet 21st Century Needs

Earlier this month, the White House released a review of the United States’ immigration policies in a report entitled, “Modernizing & Streamlining our Legal Immigration System for the 21st Century.” The Report highlights key...more

Employer Wage and Hour Headaches Continue in 2015

The trend of wage and hour developments facing employers continues in 2015 with the U.S. Department of Labor (DOL) recently issuing a proposed rule that would update the regulations governing the white collar exemptions to...more

CalPERS And Pay Equity

The Securities and Exchange Commission has given notice of its intent to adopt final pay ratio disclosure rules at its meeting next week.  In applauding the SEC’s proposed rules, the California Public Employees’ Retirement...more

Unpaid Interns: The New Category of Employees?

The fiery debate over the employment status of and protections afforded to unpaid interns is alive and well! It appears that Congress is continuing the trend of providing additional workplace protections to unpaid interns. ...more

Who’s That Knocking at Your Door? USCIS Plans House Calls to Retrieve Erroneous EADs

U.S. Citizenship and Immigration Services (USCIS) is taking extreme measures to get back all the three-year Employment Authorization Document (EAD) cards erroneously issued to Deferred Action for Childhood Arrivals (DACA)...more

Preventing Whistleblower Claims in the Automotive Industry

Whistleblower and retaliation claims are some of the most costly claims brought by employees and they are on the rise. OSHA, who governs complaints for over 20 whistleblower statutes, reports a 58% increase in whistleblower...more

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