Labor & Employment Updates

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

EEOC to Collect Summary Pay Data

First Collection Will Be in March 2018 - WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) today announced that starting March 2018, it will collect summary employee pay data from certain employers....more

NLRB Reaffirms Alan Ritchey Doctrine with New Make-Whole Twist

Seyfarth Synopsis: The Board reaffirmed, prospectively, the Alan Ritchey doctrine requiring employers to bargain over discretionary discipline issued to newly organized employees pre-first contract and mandated prospective...more

Legislation To Delay Overtime Rule Passed By The House Of Representatives

The U.S. House of Representatives yesterday voted 246 to 177, largely along party lines, in favor of legislation which would delay the rule’s effective date by six months, from December 1, 2016, to June 1, 2017. Prior to the...more

Substance over form? Defining the modern employment relationship

The British Columbia Supreme Court recently applied the “modern approach” to determining whether an employment relationship exists at law in TCF Ventures Corp. v The Cambie Malone’s Corporation, 2016 BCSC 1521....more

House Passes Bill to Delay Effective Date of Overtime Rule Change

The House of Representatives has passed a bill to delay the effective date of the new overtime rule by six months (from December 1, 2016 to June 1, 2017). ...more

California Prevailing Wage Law Expanded to Cover Private Projects

PREVAILING WAGE LAW is California's "other" minimum wage. It requires workers to be paid union wages on publicly funded construction projects. But in recent years, the law in California has EXPANDED well beyond its initial...more

Spoiler Alert: LA Hotel Ordinance Is Here to Stay

There’s a new twist in the ongoing soap-opera like saga surrounding the Los Angeles Citywide Hotel Worker Minimum Wage Ordinance.  The Hotel Associations that opposed the Ordinance have now dropped their two-year law suit to...more

EEOC Sues Physicians Management Groups For Disability Discrimination

Doctor's Contract Terminated for Taking Prescribed Medications, Federal Agency Charged - ATLANTA - Two Atlanta physicians groups, Georgia Hospitalists Group, LLC and ApolloMD Business Services, LLC, violated federal law...more

New Jersey Senate Approves Legislation Extending Unemployment Benefits to Striking Workers

Under current New Jersey law, most individuals who are unemployed due to a stoppage of work are disqualified from unemployment benefits. While the New Jersey Supreme Court held that strikers are entitled to unemployment...more

Update on the Employment Application Process and Background Checks

Now that Massachusetts has barred its employers’ from asking job applicants about salary information, and Connecticut has joined the “Ban the Box” trend (prohibiting employers from asking applicants about arrests and...more

U.K. now requires supply chain transparency on human trafficking risks

In Part I of our two-part series, we discussed the worldwide issue of modern-day slavery and the California response. In this second part, we discuss the latest response in the United Kingdom. The United Kingdom Modern...more

New DOL fiduciary rule and swaps - ISDA update

The Department of Labor’s final revised fiduciary regulation will become applicable on April 10, 2017. Those affected by the revised regulation will include banks and other financial institutions that negotiate investment...more

Labor Department Issues Final Rule Implementing Executive Order on Government Contractor Paid Sick Leave

The U.S. Department of Labor has released final regulations implementing President Barack Obama’s Executive Order 13706, requiring up to seven days of paid sick leave for workers on federal contracts....more

It’s Time to Get Back to Basics: Keeping Your Workplace Free of Sexual Harassment

In an interview last month, the 2016 Republican presidential nominee stated that if his daughter were sexually harassed, he “would like to think she would find another career or find another company.” His son later stated...more

OSHA Provides New Guidance on Unacceptable Whistleblower Settlements, Ensures Whistleblowers Cannot Waive Right to Receive Awards

In a memorandum dated September 15, OSHA has made explicit that it will not approve any settlement agreements between employers and employees that discourage the employee from acting as a whistleblower....more

EEOC Publishes Final Pay Data Changes to EEO-1 Report

The Equal Employment Opportunity Commission has issued revisions requiring employers with at least 100 employees to submit annual EEO-1 reports that include W-2 pay and hours worked data for their entire workforces,...more

House Votes to Delay OT Rule But Employers Are Not Out of the Woods Yet

Yesterday, the United States House of Representatives passed a bill, H.R. 6094 (the “bill” referred to as the Regulatory Relief for Small Businesses, Schools and Nonprofits Act), that would delay the effective date of the...more

Election 2016: Political Speech and Activity in the Workplace

On November 8, voters across the country will head to the polls to determine the next president. Some states have already begun the early voting process. Voters will also decide who fills various U.S. congressional seats,...more

NEW UPDATE: Is Your Workers’ Compensation Program Unlawful?

In two previous posts, on April 19, 2016 and June 21, 2016, we reported on the EquityComp workers’ compensation program offered by Berkshire Hathaway subsidiaries Applied Underwriters (Applied) and California Insurance...more

Have a Management Rights Clause? It May Not Save You from Bargaining with the Union

Many union employers insist on strong management clauses in their labor agreements. Such clauses contain language reserving for the employer the right to adopt new rules and regulations. A reasonable employer may assume that...more

New 'Digest of EEO Law' Issued by EEOC

Includes Key Federal Sector Decisions, Special Article on Discrimination Due to Mental Health Conditions Under EEO Laws - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) today announced the latest...more

Independent Contractors or Employees: Why It Is so Important to Use the Proper Classification for the People that Work for You

Over the past few years, there has been a concerted effort on the part of the US Department of Labor, as well as various state attorneys general, to target businesses that misclassify workers as independent contractors when...more

New California Limits on Choice-of-Law and Venue Provisions in Employment Contracts, Including Arbitration Agreements, with...

Recently, Governor Jerry Brown signed S.B. 1241, which addresses choice-of-law and venue provisions in employment contracts that are entered into, modified or extended on or after January 1, 2017. Under the bill, the...more

Whistleblower’s Attorney’s Communications with Regulators Found to be Protected by Work Product Doctrine

A California Magistrate Judge in BofI Federal Bank v. Erhart ruled that a whistleblower’s attorney’s communications sent to federal regulators were protected by the attorney work product doctrine. No. 15-cv-2353 (S.D. Cal....more

Paid Sick Leave for Federal Contractors is Here: DOL Announces Final Rule

On September 29, 2016, the U.S. Department of Labor (DOL) announced publication of the final rule implementing the paid sick leave executive order that applies to federal contractors. Executive Order (EO) 13706, Establishing...more

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