FordHarrison

What You Need To Know About California's Amended Fair Pay Act That Takes Effect January 1, 2016

California's amended Fair Pay Act goes into effect on January 1, 2016, and is considered the most stringent law in the nation. The new law received broad support from both Republicans and Democrats in the Legislature. It…more

Corporate Counsel, Fair Pay Act, Gender-Based Pay Discrimination, Pay Transparency, Recordkeeping Requirements

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Federal Judge Dismisses Claim against University; Failure to Appropriately Monitor Docket Not Excusable Neglect

A federal trial court in D.C. recently dismissed the Amended Complaint of a former professor at the University of the District of Columbia ("UDC" or "University") due to his failure to timely oppose a Motion to Dismiss, finding…more

Breach of Contract, Collective Bargaining, Due Process, Motion to Dismiss, Universities

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The Race to File H-1B Work Visas on April 1, 2017

We are releasing this Alert to remind employers of the fast-approaching April 1, 2017, opening date for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for work authorization in the U.S. Since…more

DOL, E-1, E-2, E-3, F-1 Visa

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Restaurant Industry Newsletter - April 2013: Help! I just received a Charge of Discrimination from the EEOC. What is it, and what do I do next?

If you just received a charge of discrimination from the Equal Employment Opportunity Commission ("EEOC"), you are not alone. During the EEOC's 2012 fiscal year, 99,412 charges of discrimination were filed…more

ADA, ADEA, Discrimination, EEOC, Equal Pay Act

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DOJ Publishes Antitrust Guidance for HR Professionals Relating to No-Poaching and Wage-Fixing Agreements

In a series of investigations and subsequent court actions, HR professionals have been identified as being potential targets for investigation of allegations of violations of antitrust laws related to employment practices,…more

Anti-Competitive, Antitrust Provisions, Competition, DOJ, Employer Liability Issues

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Supreme Court Upholds University Affirmative Action Admissions Policy

On June 23, 2016, the U.S. Supreme Court held for the second time that race may be taken into account when public universities and colleges admit students. In a 4-3 decision (Justice Kagan recused herself based on her prior work…more

Affirmative Action, College Admissions, Diversity, Educational Institutions, Equal Protection

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Highlights of San Diego Minimum Wage and Sick Leave Ordinance Approved by Voters and Expected to Take Effect in July 2016

On June 7, 2016, San Diego voters voted in favor of a proposed two-fold Ordinance, which will increase the City's minimum wage rate and allow employees working within the San Diego city limits to earn one hour of paid sick leave…more

Local Ordinance, Notice Requirements, Paid Leave, Posting Requirements, PTO

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DOL Issues Long-Awaited New Rule Governing Retirement Investment Advisors

On April 6, 2016, the U. S. Department of Labor (DOL) released a long-awaited final rule expanding the definition of "fiduciary" under ERISA as well as the duties of investment advisors who qualify as fiduciaries thereunder…more

Best Interest Contract Exemptions, Conflicts of Interest, DOL, Employee Benefits, ERISA

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New York City Ramps Up Efforts to Enforce the Prevailing Wage Requirement of Its 421-a Affordable Housing Tax Exemption

Owners of 421-a tax exempt buildings and developments should practice extreme caution when considering responding (or failing to respond) to the recent notices (Notices) sent by the City of New York Department of Housing…more

Affordable Housing, Prevailing Wages, Property Service Workers, Real Estate Market, Tax Exempt Entities

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OSHA Anti-Retaliation Rule Will Take Effect December 1

A federal judge on November 28 refused to block implementation of the anti-retaliation provisions of OSHA’s recordkeeping and reporting rule scheduled to take effect December 1, 2016. The business groups challenging the rule…more

Anti-Retaliation Provisions, Drug Testing, Employer Liability Issues, Final Rules, Incentives

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Airline Industry Alert: Court Finds Federal Law Preempts State Drug-Testing Law as Applied to Flight Attendant

In a decision that is good news for airline employers, a federal trial court in Minnesota has held that the state drug-testing statute, which prohibits discharging an employee the first time the employee fails a drug test, is…more

Airlines, Drug Testing, Federal Aviation Administration (FAA), Flight Crews, Hiring & Firing

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Massachusetts Voters Say "Yes" to Mandatory Sick Time

On election day, Massachusetts voters approved a ballot initiative requiring employers to provide sick time to their employees. Absent legislative repeal, the mandatory sick time law will become effective on July 1, 2015…more

Employee Rights, Paid Leave, Sick Leave

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What’s on the Horizon for U.S. Employers in 2016?

While the upcoming U.S. Presidential election and on-going Congressional gridlock make it unlikely any new federal employment laws will be enacted in the U.S. in 2016, employers can expect federal agencies to continue their…more

Ban the Box, Class Action Arbitration Waivers, Corporate Counsel, Criminal Background Checks, DOL

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Implementation of DOL's New Persuader Rule Permanently Blocked

A federal court in Texas has issued a decision permanently blocking the U.S. Department of Labor (DOL) from implementing the final version of its "persuader rule." See National Federation of Independent Businesses v. Perez (N.D…more

Administrative Procedure Act, Arbitrary and Capricious, DOL, Filing Requirements, First Amendment

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Ninth Circuit, California Appellate Court Take Aim at Arbitration Agreements

The Ninth Circuit and the California Court of Appeal have each issued decisions that may fundamentally affect how employers deal with arbitration agreements in the future. In Morris v. Ernst & Young, the Ninth Circuit held that…more

Appeals, Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers

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Tennessee Supreme Court Throws Out Applicant's Workers' Compensation Retaliation Claim Against Prospective Employer

On August 21, 2015, the Tennessee Supreme Court held that a job applicant does not have a cause of action under the Tennessee Workers' Compensation Act (TWCA) against a prospective employer for failure to hire based on the…more

ADA, Disability, Disability Discrimination, Hiring & Firing, Hospitals

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Alabama's New Non-Compete Statute Places New Restrictions on Employers

Effective January 1, 2016, Alabama passed a new non-compete and non-solicitation statute, repealing § 8-1-1 of the Alabama Code (the "New Act"). The New Act attempts to codify principles the Alabama courts have previously…more

Confidential Information, Corporate Counsel, Intellectual Property Protection, Non-Compete Agreements, Non-Solicitation Agreements

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Headline news: Policies, procedures essential tools in fight against sexual harassment

Last week, former Fox News Anchor Gretchen Carlson slapped Fox News Chairman and CEO Roger Ailes with a wrongful termination and sexual harassment lawsuit in New Jersey Superior Court. The lawsuit alleges that Ailes made…more

Anti-Discrimination Policies, Discrimination, Employer Liability Issues, Hiring & Firing, Retaliation

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EEOC Publishes Revised EEO-1 Pay Data Rule

The Equal Employment Opportunity Commission (EEOC) has published a revised proposed rule to collect summary pay data from employers that file EEO-1 reports. The EEOC originally published a proposed rule to collect pay data in…more

EEO-1, EEOC, Equal Pay, Gender-Based Pay Discrimination, Pay Discrimination

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City of Los Angeles Passes Ban-the-Box Law

The City of Los Angeles recently enacted its own Ban-the-Box law, designed to prevent employers with at least 10 employees from inquiring into or requiring an applicant to disclose their criminal history until a conditional…more

Background Checks, Ban the Box, Conditional Job Offers, Criminal Background Checks, Criminal Records

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Connecticut Supreme Court Rules No Punitive Damages Under the Connecticut Fair Employment Practices Act

The Connecticut Supreme Court recently set aside an award of statutory punitive damages in a disability discrimination case brought pursuant to Connecticut’s human rights law, the Connecticut Fair Employment Practices Act…more

ADA, Civil Rights Act, Compensatory Damages, CT Supreme Court, Disability Discrimination

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Federal Judge Dismisses Claim against University; Failure to Appropriately Monitor Docket Not Excusable Neglect

A federal trial court in D.C. recently dismissed the Amended Complaint of a former professor at the University of the District of Columbia ("UDC" or "University") due to his failure to timely oppose a Motion to Dismiss, finding…more

Breach of Contract, Collective Bargaining, Due Process, Motion to Dismiss, Universities

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Restaurant Industry Newsletter - September 2014

Restaurant Franchisors Targeted by NLRB and DOL for Claims They are Joint Employers of Franchisees' Employees- Restaurant franchisors are facing efforts from both the National Labor Relations Board (NLRB) and the U.S…more

DOL, Franchises, Franchisors, Joint Employers, NLRA

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"Brexit": What American Employers Need to Know

Following the United Kingdom's stunning decision last week to leave the European Union, many US employers with employees in the UK find themselves wondering: What happens now? To be sure, "Brexit" was a monumental and…more

EEA, Employee Relocations, EU, Member State, Popular

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Tennessee Governor Signs Legislation Providing Additional Employment Protections for Handgun Owners

Tennessee Governor Bill Haslam has signed legislation providing new employment protections for handgun owners. As discussed in more detail in our March 25, 2015 Alert, the new law creates a private right of action for any…more

Employer Liability Issues, Governor Haslam, Guns-in-Trunks Legislation, New Legislation

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What Impact Could Trump's Election Have on Employers?

The election is over. The vote is in. Donald Trump will be our 45th President. And, for the first time since 2006 (when the 109th Congress was in session during the Bush administration), come 2017, a Republican President will…more

Affordable Care Act, Blacklist, Data Collection, Disclosure Requirements, DOL

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FLSA Conditional Certification Denied in NYS for 5,000 Home Care Workers

In a case with far reaching implications, Cowell v. Utopia Home Care, Inc., 2:14-cv-00736-LDW-SIL, Magistrate Judge Steven Locke of the Eastern District of New York (covering Brooklyn, Queens and Long island) ruled that claims…more

Class Action, Class Certification, Collective Actions, Conditional Certification, Corporate Counsel

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ACA Reporting Delayed

On Monday, December 28, 2015, the Internal Revenue Service announced in Notice 2016-4 that employers will have additional time to file annual reports required under the Patient Protection and Affordable Care Act ("ACA"). The…more

Affordable Care Act, Annual Reports, Cadillac Tax, Filing Deadlines, Health Insurance

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Eighth Circuit Weighs in On Legality of Class Action Waivers

On June 2, 2016, a three-judge panel of the U.S. Court of Appeals for the Eighth Circuit held that an arbitration agreement containing a class action waiver was lawful under the National Labor Relations Act (NLRA). Cellular…more

ALJ, Arbitration, Class Action, Class Action Arbitration Waivers, Corporate Counsel

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California Court of Appeal Finds Fact Investigation by Outside Counsel is Privileged

In City of Petaluma v. Superior Court (Andrea Waters), the California Court of Appeal recently held that outside counsel's fact investigation of an employee's harassment and discrimination claims conducted prior to litigation…more

Attorney-Client Privilege, Corporate Counsel, Discrimination, EEOC, Harassment

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Recent Changes to Maryland Law Give Pregnant Employees and New Parents Enhanced Employment Protections

In 2013, the Maryland legislature passed the Reasonable Accommodations for Disabilities Due to Pregnancy Act requiring employers with 15 or more employees to provide reasonable accommodation for individuals with a disability…more

Employee Rights, Pregnancy, Pregnancy Discrimination

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Organized Labor’s International Strategy To Solve Its Domestic Crisis: A look at how American labor unions are reaching out to European and other international allies to influence U.S. labor relations and how companies should respond

Another major factor contributing to organized labor’s decline in the U.S. is the global economy. Asthe market for goods and services transitioned from domestic to global, U.S. companies faced downward pressure on labor costs to…more

Auto Manufacturers, Automotive Industry, DaimlerChrysler, Germany, Global Economy

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Hack Attacks!

Lately, the news has lead with stories about the alleged Russian hacking of various American political organizations, ostensibly for the purpose of influencing the 2016 elections. U.S. law enforcement has surmised that the…more

Confidentiality Agreements, Cyber Threats, Data Theft, Employee Training, Hackers

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OFCCP Issues New Scheduling Letter and Itemized Listing – Federal Contractors Must Act Quickly to Ensure Compliance

On September 30, 2014, the Office of Federal Contract Compliance Programs ("OFCCP") published a Notice in the Federal Register announcing a newly approved Scheduling Letter and Itemized Listing…more

Affirmative Action, Compliance, EEO-1, Federal Contractors, OFCCP

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Peter Dinklage takes on Elf

It’s December, which means that those of us holiday fanatics can decorate and watch Christmas movies to our hearts’ content without shame. Of course, I won’t tell anyone if you already had your tree up in November (like me) or…more

EEOC, Employer Liability Issues, Harassment, Hostile Environment, Sexual Harassment

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NLRB Holds Student Assistants Who Have a Common-Law Employment Relationship With a Private University Are "Employees" Under The National Labor Relations Act

In an August 23, 2016, decision, Trustees of Columbia University, 364 NLRB No. 90 (2016), the National Labor Relations Board (NLRB) overruled existing precedent and held that student assistants, who have a common-law employment…more

Brown University, Collective Bargaining, Colleges, Educational Institutions, Graduate Students

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Florida Court finds Workers' Compensation Statute Unconstitutional

Circuit Judge Jorge E. Cueto of the 11th Judicial Circuit in and for Miami-Dade County, Florida has found that Section 440.11 of Florida's Workers' Compensation Act (the "Act"), which makes the Act the "exclusive" remedy…more

Bodily Injury, Disability, Workplace Injury

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Federal Court Says ADA Does Not Require Reassignment of Employee Without Competition

If an employee can no longer perform the essential functions of his or her position due to a disability, one common form of reasonable accommodation under the Americans with Disabilities Act (ADA) is reassignment to a vacant…more

ADA, Corporate Counsel, Disability Discrimination, Disabled, EEOC

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OSHA Anti-Retaliation Rule Will Take Effect December 1

A federal judge on November 28 refused to block implementation of the anti-retaliation provisions of OSHA’s recordkeeping and reporting rule scheduled to take effect December 1, 2016. The business groups challenging the rule…more

Anti-Retaliation Provisions, Drug Testing, Employer Liability Issues, Final Rules, Incentives

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"Persuader Rule" IMPORTANT UPDATE

Previously, we alerted our clients that the U.S. Department of Labor (DOL) issued the final version of its "persuader rule," which requires employers, third-party lawyers and other labor consultants to disclose to the DOL any…more

Collective Bargaining, DOL, Persuader Rules, Reporting Requirements, Unions

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Finally! Something That's Not "Protected Activity" in California

It turns out that “protected activity” sufficient to make out a retaliation claim in California is not as broad as it may sometimes seem. On November 9, 2016, the Court of Appeal affirmed summary judgment for the employer in…more

Adverse Employment Action, Age Discrimination, Disability Discrimination, Discrimination, FEHA

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Texas Court Enjoins Enforcement of Regulation that Would Forbid Discrimination in Healthcare on the Basis of Gender Identity and Termination of Pregnancy

As LGBTQ rights have taken center stage in political and social issues, FordHarrison has been following ground-breaking litigation related to LGBTQ rights and providing updates. In the latest decision, a federal judge in Texas…more

Abortion, Affordable Care Act, Discrimination, Employer Mandates, Gender Discrimination

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Employer Not Required by ADA to Permit Employee to Telecommute

Reversing an earlier panel decision, the Sixth Circuit has held that an employee who was unable to regularly and consistently attend work was not a qualified individual with a disability under the Americans with Disabilities Act…more

ADA, Appeals, Attendance, Best Management Practices, EEOC

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What Does Florida's New Medical Marijuana Law Mean for Employers?

As employers in Florida prepare for the new year, many may wonder how Florida’s new medical marijuana law will impact them. In the November 2016 election, Florida as well as Arkansas, North Dakota and Montana all approved their…more

ADA, Decriminalization of Marijuana, Disability Discrimination, Drug Testing, Employment Policies

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Does New Jersey's Conscientious "Everyone" Protection Act Trump the NLRB's Exclusive Jurisdiction? State Supreme Court says "Yes" - FordHarrison

Executive Summary: Just when employers thought New Jersey's Supreme Court could not expand the state's whistleblower law further (as we reported last summer), the Conscientious Employee Protection Act (CEPA) once again has been…more

Anti-Retaliation Provisions, CEPA, Collective Bargaining Agreements (CBA), Employer Liability Issues, Hiring & Firing

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Seventh Circuit Indicates It May Conclude that Sexual Orientation Discrimination is Sex Discrimination Under Title VII

Since its enactment, courts have followed the premise that Title VII of the Civil Rights Act of 1964 does not prohibit sexual orientation discrimination. A changing of the tides began in July 2015, when the Equal Employment…more

Appeals, Civil Rights Act, Discrimination, EEOC, Employer Liability Issues

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Connecticut Supreme Court Rules No Punitive Damages Under the Connecticut Fair Employment Practices Act

The Connecticut Supreme Court recently set aside an award of statutory punitive damages in a disability discrimination case brought pursuant to Connecticut’s human rights law, the Connecticut Fair Employment Practices Act…more

ADA, Civil Rights Act, Compensatory Damages, CT Supreme Court, Disability Discrimination

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What Does Florida's New Medical Marijuana Law Mean for Employers?

As employers in Florida prepare for the new year, many may wonder how Florida’s new medical marijuana law will impact them. In the November 2016 election, Florida as well as Arkansas, North Dakota and Montana all approved their…more

ADA, Decriminalization of Marijuana, Disability Discrimination, Drug Testing, Employment Policies

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Airline Management Newsletter - February 2014

Ninth Circuit Upholds Strike Injunction Against Non-Union Employees - Executive Summary: The Ninth Circuit recently affirmed the decision of a federal trial court, which granted a strike injunction against unrepresented…more

Airlines, Airports, Aviation Industry, Collective Bargaining, Employer Liability Issues

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Health Care Alert: Supreme Court Limits Agency Fees to Full-Fledged Public Employees

In a decision that could have a significant financial impact on many labor unions, the U.S. Supreme Court has held that personal care providers, who are considered state employees only for limited collective bargaining purposes…more

Collective Bargaining, Employee Benefits, Harris v Quinn, Healthcare, SCOTUS

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Texas Court Enjoins Enforcement of Regulation that Would Forbid Discrimination in Healthcare on the Basis of Gender Identity and Termination of Pregnancy

As LGBTQ rights have taken center stage in political and social issues, FordHarrison has been following ground-breaking litigation related to LGBTQ rights and providing updates. In the latest decision, a federal judge in Texas…more

Abortion, Affordable Care Act, Discrimination, Employer Mandates, Gender Discrimination

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HR tips for drafting and cultivating your own ‘Tom Brady’ or ‘Aaron Rodgers’

Think the NFL was happy with this past Sunday’s games? I sure do. The NFL playoffs are in full swing and that usually is great news for the league since they get to dominate the sports headlines for a while. But after a weekend…more

Football, Human Resources Professionals, Managers, NFL, Policies and Procedures

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White House Issues State Call To Action To Ban Certain Non-Compete Agreements

On October 25, 2016, the Obama Administration issued a “State Call to Action on Non-Compete Agreements.” This call to action is part of President Obama’s Executive Order directing states to increase competition for workers and…more

Best Practices, Confidential Information, Contract Terms, Employment Contract, Hiring & Firing

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EEOC Increases Penalty for Violating Notice Posting Requirements by 150 Percent

The EEOC is increasing the penalty for failure to post the required workplace notices under Title VII, the ADA, and GINA by 150 percent. This increase means the maximum penalty for notice violations will increase to $525 per…more

ADA, Corporate Counsel, Discrimination, EEOC, Employee Rights

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"Persuader Rule" IMPORTANT UPDATE

Previously, we alerted our clients that the U.S. Department of Labor (DOL) issued the final version of its "persuader rule," which requires employers, third-party lawyers and other labor consultants to disclose to the DOL any…more

Collective Bargaining, DOL, Persuader Rules, Reporting Requirements, Unions

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The Race to File H-1B Work Visas on April 1, 2017

We are releasing this Alert to remind employers of the fast-approaching April 1, 2017, opening date for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for work authorization in the U.S. Since…more

DOL, E-1, E-2, E-3, F-1 Visa

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Fifth Circuit Decision May Endanger Many Texas Arbitration Agreements

The Fifth Circuit has issued a decision which may affect Texas employers who utilize employment arbitration agreements. In Nelson v. Watch House Int'l, L.L.C., No. 15-10531 (5th Cir. Mar. 2, 2016), the court found an employment…more

Arbitration, Arbitration Agreements, Class Action Arbitration Waivers, Employer Liability Issues

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Employer Strategies In A Changing Slow-Growth Economy – Dealing With Organized Labor: The Boeing Blueprint

How are U.S. employers approaching the economic "recovery" from the recession and what strategies are being employed by them, particularly in relation to unionized workforces?…more

Boeing, Business Development, Economic Downturn, Unions

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Airline Management Newsletter - February 2014

Ninth Circuit Upholds Strike Injunction Against Non-Union Employees - Executive Summary: The Ninth Circuit recently affirmed the decision of a federal trial court, which granted a strike injunction against unrepresented…more

Airlines, Airports, Aviation Industry, Collective Bargaining, Employer Liability Issues

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Implementation of DOL's New Persuader Rule Permanently Blocked

A federal court in Texas has issued a decision permanently blocking the U.S. Department of Labor (DOL) from implementing the final version of its "persuader rule." See National Federation of Independent Businesses v. Perez (N.D…more

Administrative Procedure Act, Arbitrary and Capricious, DOL, Filing Requirements, First Amendment

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Invocation of "The Rule" During Trade Secret Injunction Hearings

The Texas Supreme Court ruled last week that a party accused of stealing trade secrets does not have an absolute right to be present in the courtroom for the entirety of a preliminary injunction hearing when the trade secrets at…more

Absolute Privilege, Due Process, Infringement, Misappropriation, Oil & Gas

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Georgia Wage Garnishments Resume after Revised Order

Nearly one month after Federal Judge Marvin Shoob, of the United States District Court for the Northern District of Georgia, ruled that Georgia's garnishment law is unconstitutional, on Monday, October 5, 2015, Judge Shoob…more

Bank Accounts, Banking Sector, Compliance, Financial Institutions, Garnishment

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Top 5 HR resolutions for not getting sued in 2017

As 2016 draws to a close, each of us will likely take time to reflect on what we hope to achieve in the coming year. In my case, this reflection usually involves resolving to be happier and more productive and reduce my carb…more

ADA, Anti-Harassment Policies, Anti-Retaliation Provisions, Discrimination, Document Retention Policies

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Florida's Minimum Wage Rate Increases January 1, 2017

Effective January 1, 2017, Florida's minimum wage rate will increase from $8.05 per hour to $8.10 per hour. The increase is calculated by the Florida Department of Economic Opportunity and is based on the percentage increase in…more

Florida, FLSA, Minimum Wage, Restaurant Industry, Tipped Employees

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Mila Kunis’ open letter on gender bias at work

Many people know actor Mila Kunis for her role in the TV series “That ’70s Show” and her film roles in Forgetting Sarah Marshall and the drama Black Swan. Kunis has recently been in the headlines for her open letter on sexism in…more

Discrimination, Employment Discrimination, Entertainment Industry, Gender Discrimination, Gender-Based Pay Discrimination

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New California Paid Sick Leave Law May Cause Headaches for Employers

On September 10, 2014, California Governor Jerry Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014 (HWHFA), which provides nearly all employees working in California with paid sick leave. The new law…more

Employee Rights, Jerry Brown, New Legislation, Paid Leave, Sick Leave

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Airline Industry Alert: FAA Does Not Recommend Routine Psychological Testing for Pilots

On June 9, 2016, the FAA announced specific actions that it will take, in conjunction with airlines and pilots' unions, concerning pilots' mental health in response to the Malaysia Flight 370 and Germanwings Flight 9525…more

Aviation Industry, Federal Aviation Administration (FAA), Medical Examinations, Mental Health, Mental Illness

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Tennessee Supreme Court Throws Out Applicant's Workers' Compensation Retaliation Claim Against Prospective Employer

On August 21, 2015, the Tennessee Supreme Court held that a job applicant does not have a cause of action under the Tennessee Workers' Compensation Act (TWCA) against a prospective employer for failure to hire based on the…more

ADA, Disability, Disability Discrimination, Hiring & Firing, Hospitals

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Students in Clinical Training Program Were Not Employees Under the FLSA

A federal trial court in Florida recently issued a significant decision on the issue of unpaid trainees under the FLSA, finding that 25 former students of Wolford College were not employees when they participated in a clinical…more

Classification, Employee Rights, FLSA, Full-Time Employees, Students

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Alabama's New Non-Compete Statute Places New Restrictions on Employers

Effective January 1, 2016, Alabama passed a new non-compete and non-solicitation statute, repealing § 8-1-1 of the Alabama Code (the "New Act"). The New Act attempts to codify principles the Alabama courts have previously…more

Confidential Information, Corporate Counsel, Intellectual Property Protection, Non-Compete Agreements, Non-Solicitation Agreements

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New Jersey Employers Cannot Reduce Employees' Time To File Discrimination Claims From Two Year Statute Of Limitations, Rules Unanimous New Jersey Supreme Court

The New Jersey Supreme Court has held that employment agreements shortening the time in which an employee may file a discrimination claim against his or her employer under the New Jersey Law Against Discrimination (LAD) are…more

Anti-Discrimination Policies, Corporate Counsel, Disability Discrimination, Discrimination, Employee Rights

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The Race to File H-1B Work Visas on April 1, 2017

We are releasing this Alert to remind employers of the fast-approaching April 1, 2017, opening date for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for work authorization in the U.S. Since…more

DOL, E-1, E-2, E-3, F-1 Visa

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Data privacy in the Americas - At a glance

As multinational employers are aware, data privacy laws can vary greatly from jurisdiction to jurisdiction. Ensuring compliance with the different requirements can be challenging, and the penalties for noncompliance can be…more

Background Checks, Computer Fraud and Abuse Act (CFAA), Confidential Information, Corporate Counsel, Cybersecurity

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EEOC Issues Publication Informing Job Applicants and Employees with Mental Health Conditions of their Employment Rights

On December 12, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued a user-friendly resource document aimed at informing applicants and employees with mental health conditions about their workplace rights under…more

ADA, Anti-Discrimination Policies, Anti-Harassment Policies, Disability Discrimination, EEOC

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Separate vs. Combined Leave Policies - The Pros and Cons

With more and more jurisdictions on local and state levels enacting paid sick leave laws, and likely more to come, a frequent question from affected employers is whether it is preferable to have separate vacation/personal leave…more

Employee Rights, Paid Leave, PTO, Sick Leave, Wage and Hour

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The DOL's Proposed Amendments Increase the Salary Threshold for the FLSA's White Collar Exemptions - Dramatically Expanding the Number of Employees Eligible for Overtime

Executive Summary: Yesterday, in a 295-page report, the U.S. Department of Labor ("DOL") issued its long-awaited proposed amendments to the Fair Labor Standards Act's ("FLSA") "white collar" exemption tests for executive,…more

DOL, FLSA, Non-Exempt Employees, NPRM, Wage and Hour

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Does New Jersey's Conscientious "Everyone" Protection Act Trump the NLRB's Exclusive Jurisdiction? State Supreme Court says "Yes" - FordHarrison

Executive Summary: Just when employers thought New Jersey's Supreme Court could not expand the state's whistleblower law further (as we reported last summer), the Conscientious Employee Protection Act (CEPA) once again has been…more

Anti-Retaliation Provisions, CEPA, Collective Bargaining Agreements (CBA), Employer Liability Issues, Hiring & Firing

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Legal Alert: Supreme Court Sets Heightened Standard For Proving Retaliation Claims

On June 24, 2013, the United States Supreme Court heightened the burden of proof for employees bringing retaliation claims under Title VII by holding that employees have to prove that the employer's desire to retaliate was the…more

But For Causation, Discrimination, Hiring & Firing, Race Discrimination, Religious Discrimination

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What California Employers Need to Know About the New CFRA Regulations Effective July 1, 2015

On July 1, 2015, the Fair Employment and Housing Council's (FEHC) new regulations interpreting the California Family Rights Act (CFRA) went into effect. The regulations were intended to clarify the previous regulations and align…more

California Family Rights Act (CFRA), Covered Employee, FMLA, Paid Leave, Wage and Hour

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Federal Court Stops December 1st Implementation of New Overtime Rules

Employers do not have to make changes to comply with the Department of Labor’s (DOL’s) new overtime regulations by the December 1, 2016 deadline. In a surprising decision, a federal District Court in Texas issued an injunction…more

DOL, Exempt-Employees, Final Rules, FLSA, Minimum Salary

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New York City Ramps Up Efforts to Enforce the Prevailing Wage Requirement of Its 421-a Affordable Housing Tax Exemption

Owners of 421-a tax exempt buildings and developments should practice extreme caution when considering responding (or failing to respond) to the recent notices (Notices) sent by the City of New York Department of Housing…more

Affordable Housing, Prevailing Wages, Property Service Workers, Real Estate Market, Tax Exempt Entities

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Internal Revenue Code Section 162(m) Compliance Alert

As we start the New Year, publicly traded corporations should begin reviewing their compensation plans/arrangements to ensure that compensation that is intended to qualify as performance-based compensation satisfies the…more

Compensation Committee, Executive Compensation, Internal Revenue Code (IRC), IRS, Performance Incentives

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Major Changes to New York Overtime and Minimum Wage Regulations to Take Effect on December 31, 2016

As of December 31, 2016, employers wishing to claim an administrative or executive exemption to New York State’s overtime regulations must raise each exempt employee’s salary threshold to $727.50-$825.00 per week, depending on…more

DOL, Exempt-Employees, Exemptions, Fast-Food Industry, FLSA

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Do Not Repeat the Mistakes of Your Diva

Preparation pays off. While it may be well known that “practice practice practice” gets you to Carnegie Hall, it appears you don’t even need to do the sound check to play Times Square on New Year’s Eve. Mariah Carey’s…more

Employee Handbooks, Employee Training, Entertainment Industry, Holidays, Internal Audit Functions

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Employers Should Be Aware Of The Risks Of Unexpected FMLA Liability

Executive Summary: While most companies are aware of the liability they may face if they violate the FMLA, a recent decision from the Eleventh Circuit serves as a reminder of just how important it is for employers to train…more

Employer Liability Issues, Estoppel, FMLA, Human Resources Professionals, Retaliation

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Airline Industry Alert: NLRB Rules Aircraft Cleaners Are Not Subject to the Railway Labor Act

On July 26, 2016, the National Labor Relations Board (NLRB) ruled that Menzies Aviation (USA), Inc. (Menzies) fell under its jurisdiction. In resolving a recurring dispute as to whether ground operations provided to air carriers…more

Air Carriers, Airlines, Aviation Industry, Jurisdiction, National Mediation Board (NMB)

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More Businesses Face Lawsuits Challenging Website Accessibility

Despite the recent explosion of lawsuits challenging the accessibility of websites under Title III of the Americans with Disabilities Act (ADA), the Department of Justice (DOJ) has announced that it will not publish proposed…more

ADA, Advanced Notice of Proposed Rulemaking (ANPRM), Class Action, DOJ, Internet

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DOL Issues Administrator's Interpretation Expanding the Definition of Joint Employment

Under the Obama administration, the U.S. Department of Labor (DOL) has aggressively enforced and interpreted the federal wage and hour laws. Consistent with that approach, on Wednesday January 20, 2016, the Department of Labor's…more

Agricultural Workers, DOL, FLSA, Joint Employers, Seasonal Workers

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Are You Prepared to Deal with Potential Exposure to Ebola in the Workplace?

With the diagnosis of the second Ebola case in the United States on October 12, 2014 – one in which a healthcare worker contracted the lethal disease while performing her job duties – U.S. employers are examining what necessary …more

Ebola, Healthcare

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Ninth Circuit Approves DOL Rule that Restricts Tip Pooling

Section 203(m) of the Fair Labor Standards Act (FLSA) allows employers of tipped employees to take a tip credit against the employer's minimum wage obligation if: (a) notice of the tip credit is provided, and (b) tipped…more

DOL, FLSA, Minimum Wage, Resorts & Restaurants, Tip Credit

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EEOC Issues Publication Informing Job Applicants and Employees with Mental Health Conditions of their Employment Rights

On December 12, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued a user-friendly resource document aimed at informing applicants and employees with mental health conditions about their workplace rights under…more

ADA, Anti-Discrimination Policies, Anti-Harassment Policies, Disability Discrimination, EEOC

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Resource Update: Innovative Strategies for Defending Against the Rising Tide of Wage and Hour Class and Collective Action Claims

Over the last decade, employers increasingly have been bombarded with wage and hour lawsuits filed by current and former employees under the Fair Labor Standards Act (FLSA) and various state law equivalents. Though no talisman…more

Class Action, Collective Actions, Employee Rights, Employer Liability Issues, FLSA

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Finally! Something That's Not "Protected Activity" in California

It turns out that “protected activity” sufficient to make out a retaliation claim in California is not as broad as it may sometimes seem. On November 9, 2016, the Court of Appeal affirmed summary judgment for the employer in…more

Adverse Employment Action, Age Discrimination, Disability Discrimination, Discrimination, FEHA

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Recommendations to Make the Corporate Holiday Party Fun, Festive, and Harassment-Free

Now that Thanksgiving is behind us, employers will be tasked with planning a variety of holiday gatherings to celebrate the season. Employers may want to make a list and check it twice to ensure that their holiday get-togethers…more

Drunk Driving, Employer Liability Issues, Holiday Gifts, Holiday Parties, Holidays

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Federal Court Says ADA Does Not Require Reassignment of Employee Without Competition

If an employee can no longer perform the essential functions of his or her position due to a disability, one common form of reasonable accommodation under the Americans with Disabilities Act (ADA) is reassignment to a vacant…more

ADA, Corporate Counsel, Disability Discrimination, Disabled, EEOC

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Georgia Wage Garnishments Resume after Revised Order

Nearly one month after Federal Judge Marvin Shoob, of the United States District Court for the Northern District of Georgia, ruled that Georgia's garnishment law is unconstitutional, on Monday, October 5, 2015, Judge Shoob…more

Bank Accounts, Banking Sector, Compliance, Financial Institutions, Garnishment

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Ninth Circuit Rules Service Advisors at Automotive Dealerships Are Not Exempt From Overtime Pay

On January 9, 2017, the U.S. Ninth Circuit Court of Appeals ruled in Navarro v. Encino Motorcars, for the second time, that service advisors at automotive dealerships are not exempt from overtime. In 2015, the Ninth Circuit…more

Appeals, Automotive Industry, Car Dealerships, DOL, Exempt-Employees

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Major Changes to New York Overtime and Minimum Wage Regulations to Take Effect on December 31, 2016

As of December 31, 2016, employers wishing to claim an administrative or executive exemption to New York State’s overtime regulations must raise each exempt employee’s salary threshold to $727.50-$825.00 per week, depending on…more

DOL, Exempt-Employees, Exemptions, Fast-Food Industry, FLSA

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Multiemployer Pension Plans Reduced Interest Rate Assumptions Dramatically Increase Withdrawal Liability

Many multiemployer pension plans are struggling financially today, and, according to the PBGC, about 10 percent of the 1,400 plans are expected to become insolvent within the next 10-15 years. These looming insolvencies were in…more

Employee Benefits, Interest Rate Adjustments, Multi-Employer Pensions, PBGC, Withdrawal Liability

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[Event] Evolving Workplace Issues and Dynamics - Are You Ready? - Seminar and Reception - November 10th, Melbourne, FL

Half-Day Seminar Hosted by South Brevard SHRM and FordHarrison SBSHRM and FordHarrison are partnering for a fantastic half-day event at the Eau Gallie Yacht Club. This event will be held in place of SBSHRM's usual luncheon…more

ADA, Anti-Discrimination Policies, Continuing Legal Education, EEOC, Employer Liability Issues

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Airline Industry Alert: FAA Does Not Recommend Routine Psychological Testing for Pilots

On June 9, 2016, the FAA announced specific actions that it will take, in conjunction with airlines and pilots' unions, concerning pilots' mental health in response to the Malaysia Flight 370 and Germanwings Flight 9525…more

Aviation Industry, Federal Aviation Administration (FAA), Medical Examinations, Mental Health, Mental Illness

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California Supreme Court Tells Employees To Rest Assured

After a years-long battle, the California Supreme Court finally issued a ruling defining what it means for an employer to provide a rest break to non-exempt employees under California law: rest breaks cannot be “on-duty” or…more

CA Supreme Court, Class Action, Class Certification, Labor Code, Non-Exempt Employees

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Massachusetts Lawmakers Approve Pay Equity Bill

Executive Summary: On July 23, Massachusetts lawmakers unanimously approved An Act to Establish Pay Equity (the "Bill"), which seeks to ensure that men and women are paid equally for comparable work. Variations in pay must be…more

Employer Liability Issues, Equal Pay, Gender Discrimination, Gender-Based Pay Discrimination, New Legislation

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[Event] Evolving Workplace Issues and Dynamics - Are You Ready? - Seminar and Reception - November 10th, Melbourne, FL

Half-Day Seminar Hosted by South Brevard SHRM and FordHarrison SBSHRM and FordHarrison are partnering for a fantastic half-day event at the Eau Gallie Yacht Club. This event will be held in place of SBSHRM's usual luncheon…more

ADA, Anti-Discrimination Policies, Continuing Legal Education, EEOC, Employer Liability Issues

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Texas Court Enjoins Enforcement of Regulation that Would Forbid Discrimination in Healthcare on the Basis of Gender Identity and Termination of Pregnancy

As LGBTQ rights have taken center stage in political and social issues, FordHarrison has been following ground-breaking litigation related to LGBTQ rights and providing updates. In the latest decision, a federal judge in Texas…more

Abortion, Affordable Care Act, Discrimination, Employer Mandates, Gender Discrimination

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FLSA Conditional Certification Denied in NYS for 5,000 Home Care Workers

In a case with far reaching implications, Cowell v. Utopia Home Care, Inc., 2:14-cv-00736-LDW-SIL, Magistrate Judge Steven Locke of the Eastern District of New York (covering Brooklyn, Queens and Long island) ruled that claims…more

Class Action, Class Certification, Collective Actions, Conditional Certification, Corporate Counsel

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Contact

271 17th Street NW, Suite 1900
Atlanta, GA 30363, United States

  • 404-888-3800

Areas of Practice
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Other U.S. Locations
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100+ Attorneys

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