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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Reminder - The Race Is On to File H-1B Work Visas on April 1, 2016

We are releasing this Alert to remind employers of the fast approaching April 1, 2016, deadline for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for long-term work authorization in the U.S…more

Deadlines, Foreign Workers, H-1B, USCIS, Work Visas

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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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Federal Court Approves $415 Million Settlement of Employee Antitrust Claims Against California Technology Employers

On September 2, 2015, a federal trial court in California approved a $415 million settlement of an antitrust class action filed against a number of Silicon Valley technology employers, including Apple Inc. and Google, among…more

Antitrust Litigation, Apple, Class Action, Compliance, DOJ

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NLRB Provides Insight into Recent Developments at Symposium

On April 10, 2015, Emory University School of Law and the Emory Law Journal presented a symposium, sponsored by FordHarrison, focused on the National Labor Relations Board (NLRB) and its recent decisions and actions…more

Employer Liability Issues, Employer Mandates, NLRB, Symposium

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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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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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Airline Industry Alert: RLA System Board Rules That Cessation of Operations as an Air Carrier Resulted in Termination of the CBA

In a recent decision, an RLA System Board of Adjustment has ruled that unilateral termination of a pilot retiree health insurance plan was permissible because the underlying CBA had terminated…more

Airlines, Aviation Industry, Collective Bargaining, Employee Benefits, Health Insurance

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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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Labor Department Unveils Final "Persuader Rule"

On March 23, 2016, 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 arrangement to persuade…more

Disclosure Requirements, DOL, LMRDA, Persuader Rules, Unions

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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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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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Exercise Aniston-esque restraint when analyzing offensive employee posts

This week’s employment law lesson comes to us from the movie Horrible Bosses. In the movie, Julia (played by Jennifer Aniston) is a dentist who employs dental assistant Dale (played by Charlie Day). After Julia uses her boss…more

NLRA, NLRB, Protected Activity, Social Media

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EEOC Proposes Requiring Employers to Report Pay and Hours Worked Information on EEO-1 Forms

In accordance with the Obama administration's efforts to combat a perceived gender gap in compensation, the EEOC has proposed revising the Employer Information Report (EEO-1) to require employers to provide information on…more

Data Collection, EEO-1, EEOC, Equal Pay, Pay Discrimination

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Home Care Professionals Series Part 1 – NYS Domestic Workers' Bill of Rights

As most home care agencies know, the United States Department of Labor ("USDOL") eliminated the companionship exemption for home care agency workers on October 13, 2015 in its Final Rule on the Application of the FLSA to…more

DOL, Domestic Workers, ESTA, Home Healthcare Workers, Paid Leave

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California Supreme Court Tells Both Sides to Sit Down

The California Supreme Court's recent decision in Kilby v. CVS Pharmacy/Henderson v. JPMorgan Chase has clarified the state's standards concerning when employers must provide suitable seating to their employees. While the…more

CA Supreme Court, CVS, Employer Liability Issues, JPMorgan Chase, PAGA

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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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San Francisco Becomes First U.S. City to Approve Fully Paid Leave for New Parents

On April 5, 2016, San Francisco, California's Board of Supervisors approved a measure mandating that San Francisco employers provide six weeks of fully paid leave during a calendar year for new parents, including mothers,…more

Employee Benefits, Local Ordinance, Parental Leave, San Francisco, Wage and Hour

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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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New York City Passes Ban-the-Box Legislation Affecting Private Employers

On June 10, 2015, the New York City Council passed the NYC Fair Chance Act (the Act) in a landslide vote. Sponsored by New York City Council Member Jumaane Williams (D-Brooklyn), the Act amends the New York City Human Rights Law…more

Background Checks, Ban the Box, Compliance, CPLR, Criminal Background Checks

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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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Supreme Court Delivers New Life to Pregnancy Discrimination Claim

On March 25, 2015, the United States Supreme Court issued an opinion that redefines the standard for disparate treatment claims under the Pregnancy Discrimination Act (PDA). In Young v. United Parcel Service, Inc., the Court…more

Disparate Treatment, PDA, Pregnancy Discrimination, Reasonable Accommodation, SCOTUS

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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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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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‘I was not told there would be math’

Saturday Night Live has made invaluable contributions to American humor, but the best may be the show’s political parodies. Chevy Chase was famous for mocking Gerald Ford’s clumsy reputation (undeserved, for sure, considering…more

Entertainment Industry, Hiring & Firing, Human Resources Professionals, Job Applicants, Skilled Laborers

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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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U.S. Women’s National Soccer Team alleges gender wage discrimination

Five star players of the U.S. Women’s National Soccer Team (Carli Lloyd, Alex Morgan, Megan Rapinoe, Becky Sauerbrunn and Hope Solo) made headlines this week by filing a charge of discrimination with the Equal Employment…more

Employer Liability Issues, Equal Pay, Gender Equity, Gender-Based Pay Discrimination, Olympics

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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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Airline Industry Alert: Court Finds Airline Deregulation Act Does Not Preempt Miami-Dade County's Living Wage Ordinance

On September 21, 2015, the U.S. Court of Appeals for the Eleventh Circuit held that the Airline Deregulation Act (ADA) does not preempt Miami-Dade County's Living Wage Ordinance (LWO). Amerijet Int'l, Inc. v. Miami-Dade Cnty.,…more

Air Cargo, Airline Deregulation Act, Airlines, Airports, Appeals

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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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Executive Order Will Require Paid Sick Leave for Employees of Government Contractors

President Obama has signed an Executive Order requiring federal contractors and subcontractors to provide employees with one hour of paid sick leave for every 30 hours worked, for at least 56 hours per year. The requirement will…more

Compliance, Davis-Bacon Act, Employee Benefits, Executive Orders, Federal Contractors

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Legal Alert: FCPA Resource Guide Issued

On November 14, 2012, the Criminal Division of the United States Department of Justice ("DOJ") and the Enforcement Division of the United States Security and Exchange Commission ("SEC") issued "A Resource Guide to the U.S…more

Compliance, DOJ, FCPA, FCPA Resource Guide, SEC

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Recent Opinion Letter Raises Questions Regarding California's Paid Leave Law

California employers are now facing another hurdle in their efforts to comply with state's paid leave law, the Healthy Workplaces, Healthy Families Act of 2014, in light of a recent opinion letter from the state agency that…more

Corporate Counsel, DLSE, Healthy Workplaces Healthy Families Act 2014, PTO, Sick Leave

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Legal Alert: Obesity Is A Disease, But Is It A Disability?

The American Medical Association's (AMA's) declaration that obesity is a disease could open the door to a new wave of lawsuits under the Americans with Disabilities Act (ADA)…more

ADA, American Medical Association, Disability, Disability Discrimination, EEOC

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3 Legal Mistakes Hiring Managers Make In the Employment Process

In your experience, what's the one legal mistake hiring managers always (inadvertently) make? That's the question we asked labor and employment attorneys writing on JD Supra - and here is what we heard back..…more

Background Checks, Hiring & Firing, Legal Perspectives

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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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New Texas Law: Is it Enough to Ease Concern Over Franchise Liability for Employment-Related Claims?

In response to concerns of franchisors that recent National Labor Relations Board (NLRB) actions threaten to undermine the common understanding of a franchisor-franchisee relationship, the Texas Labor Code was amended by the…more

Corporate Counsel, Franchisors, Joint Employers, Labor Code, NLRA

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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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Proponents of Florida's Medical Marijuana Amendment Have High Hopes But Will Its Passing Affect Your Workplace Policies?

If voters approve the ballot initiative "Use of Marijuana for Certain Medical Conditions" ("Amendment 2") this November, Florida will become the 24th state plus Washington D.C. to legalize medical marijuana. Amendment 2 would…more

Drug-Free Workplace Act, Marijuana, Medical Marijuana, Trucking Industry

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Andrews and Hogan verdicts demonstrate disgust against invasion of privacy

Just this month, two large jury awards were given to celebrities in their respective civil suits alleging amongst other things, invasion of privacy: First, FOX sportscaster Erin Andrews was awarded $55 million in her…more

Confidential Information, Employment Policies, Erin Andrews, Invasion of Privacy, Popular

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New Tennessee Law Limits Scope of Employment Discrimination

Tennessee has drastically changed the legal landscape of employment discrimination litigation under state law. For claims arising after July 1, 2014, plaintiffs will no longer have the ability to seek unlimited compensatory…more

Compensatory Damages, Discrimination, Employer Liability Issues

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Legal Alert: Minnesota Court Upholds Principle That Married Employees May Lawfully Sleep With The Enemy

Your friends may refuse to hang out with you because of your spouse, but in Minnesota, your employer generally cannot…more

Hiring & Firing, Marriage, Protected Class

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Don’t matter if you’re black or white

Somewhere between outrage, bewilderment, and comedy falls the news that a U.K. production company has cast very very very white actor Joseph Fiennes as Michael Jackson in Elizabeth, Michael and Marlon, a short film about a…more

Age Discrimination Act, Hiring & Firing, Movies, Race Discrimination

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3 Things Small Business Owners Don't Include in Their Year-End Planning, But Should

When it comes to year-end planning, what's the one thing most small business owners don't do but should? That's the question we put to attorneys writing on JD Supra, knowing that the diversity of insights would make for…more

Buy-Sell Agreements, Employee Benefits, Legal Perspectives, Small Business, Year-End Compliance Checklist

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Labor Department Unveils Final "Persuader Rule"

On March 23, 2016, 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 arrangement to persuade…more

Disclosure Requirements, DOL, LMRDA, Persuader Rules, Unions

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D.C. Circuit Reverses NLRB's Decision that AT&T Violated Employees' Rights When It Suspended Employees for Wearing T-Shirt Disparaging the Company

It was probably not that surprising that the U.S. Court of Appeals for the District of Columbia reversed the National Labor Relations Board's (NLRB) decision in Southern New England Telephone Company, 1356 NLRB No. 118 (2011). …more

ALJ, Appeals, AT&T, NLRA, NLRB

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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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Failure to Promote Employee on Maternity Leave Results in Litigation

When the Pregnancy Discrimination Act (PDA) was enacted in 1978, employers were clearly put on notice that they are forbidden from discriminating on the basis of pregnancy. Unfortunately, charges of pregnancy discrimination are…more

Compensatory Damages, Demotions, Deutsche Bank, Discrimination, EEOC

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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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The Dawn of "Micro-Unions": A Scary Proposition for Employers

Unions can be difficult enough to manage, even for experienced employers. Imagine taking your workforce of 100 employees and dividing them up into 10 different collective bargaining units… represented by 10 different unions……more

Bargaining Units, Employee Rights, Employer Liability Issues, NLRA, NLRB

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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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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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Chris Rock’s #OscarsSoWhite monologue: Don’t try this at work

The glitz, glamour, and celebratory nature of last night’s Academy Awards were dimmed by the ongoing controversy about the total lack of racial diversity among Oscar contenders for the last two years. In response, Chris Rock…more

Academy Awards, Discrimination, Diversity, EEOC, Movies

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Restaurant Industry Alert: Wage Board Proposal - Fast Food Workers' Minimum Wage May Rise to $15 in New York City by 2018

On July 22, 2015, the New York State Department of Labor's (NYSDOL) Wage Board voted to recommend a 171 percent increase in the minimum wage for fast food workers in New York City (NYC), from the current hourly rate of $8.75 to…more

Attorney Generals, Compliance, DOL, Fast-Food Industry, Minimum Wage

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Legal Alert: Supreme Court Lends Support To Strategy For Curtailing Wage And Hour Collective Actions

On April 16, 2013, the Supreme Court issued a decision that makes it easier for employers to limit the scope of wage and hour "collective actions." In Genesis Healthcare Corp. v. Symczyk (Apr. 16, 2013), the Court held that an…more

Class Certification, Collective Actions, FLSA, Genesis HealthCare, Genesis Healthcare Corp. v. Symczyk

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NLRB Strikes Down Work Rule Prohibiting Off-Duty Employee Access To Company Property

Executive Summary: On May 1, 2014, the National Labor Relations Board (NLRB) issued an order finding that Piedmont Gardens, a retirement community, violated § 8(a)(1) of the National Labor Relations Act (NLRA) when it…more

Accessibility Rules, Employment Policies, NLRA, NLRB, Section 7

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Unpaid Wage Claims for Pre- and/or Post-Work Activities: Leaving America's Heartland and Coming to a Corporate Environment Near You

It is nothing new for farms and manufacturing plants to find themselves subject to collective and/or class action lawsuits by employees claiming they should have been paid for time spent "donning and doffing" work clothes and…more

Class Action, Corporate Counsel, Employer Liability Issues, FLSA, Security Clearance

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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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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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The UK Continues to Take Aim at the Gender Pay Gap

More than 35 years after the United Kingdom's Equal Pay Act was introduced, recently released statistics show a 19.2 percent gap in average full time salaries between men and women. Recently, Shared Parental Leave was…more

Corporate Counsel, Equal Pay, Equal Pay Act, Gender Discrimination, Gender-Based Pay Discrimination

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Reminder - The Race Is On to File H-1B Work Visas on April 1, 2016

We are releasing this Alert to remind employers of the fast approaching April 1, 2016, deadline for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for long-term work authorization in the U.S…more

Deadlines, Foreign Workers, H-1B, USCIS, Work Visas

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Supreme Court Upholds DOL's Rulemaking Procedure in Reclassifying Mortgage Loan Officers

On March 9, 2015 the U.S. Supreme Court held that a federal agency is not required to engage in notice-and-comment rulemaking when it issues an interpretation of a regulation that is significantly different from its prior…more

Administrative Procedure Act, FLSA, Mortgage Loan Officer, Notice and Comment, Paralyzed Veterans Doctrine

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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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New Jersey's Conscientious "Everyone" Protection Act? State Supreme Court says "Yes"

As we previously forecast and employers feared, New Jersey's Supreme Court has dramatically expanded the state's whistleblower law, the Conscientious Employee Protection Act or "CEPA." In doing so, the Court held that so-called…more

CEPA, Compliance, Hiring & Firing, Retaliation, Whistleblower Protection Policies

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Reminder - The Race Is On to File H-1B Work Visas on April 1, 2016

We are releasing this Alert to remind employers of the fast approaching April 1, 2016, deadline for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for long-term work authorization in the U.S…more

Deadlines, Foreign Workers, H-1B, USCIS, Work Visas

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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, CFAA, Confidential Information, Corporate Counsel, Cybersecurity

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Legal Alert: Undocumented Workers Who Are "Off The Clock" Or "Off The Books" Are Still Subject To The FLSA

In Lucas v. Jerusalem Café, the United States Court of Appeals for the Eighth Circuit held that undocumented workers are entitled to recover for unpaid overtime and minimum wage violations under the federal Fair Labor Standards…more

Employee Rights, Employer Liability Issues, FLSA, Minimum Wage, Undocumented Immigrants

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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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New Federal Law May Be Employers' Strongest Weapon Against Trade Secret Theft

Until now, employers with trade secrets stolen by former employees had to rely upon uneven, hit-or-miss state laws to protect their intellectual property and confidential information. Enter the Defend Trade Secrets Law of 2016,…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Intellectual Property Protection, Misappropriation, Pending Legislation

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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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Lack of Time Records? There's an Expert for That – U.S. Supreme Court Reinforces Use of Time Study Experts in Class Certification

Yesterday, the U.S. Supreme Court held that when an employer fails to create accurate time records, courts may rely on expert time studies not only to determine unpaid hours of work, but also to determine the underlying issue of…more

Class Action, Class Certification, Doffing, Donning, FLSA

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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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New York Enacts Paid Family Leave Law and Increases Minimum Wage Rate

On March 31, 2016, New York State lawmakers finalized a budget deal that included: (1) a bill mandating paid family leave for most employees (the "Paid Family Leave Law") and (2) a statewide incremental increase to a $15 per…more

FMLA, Minimum Wage, New Legislation, Paid Family Leave Law, Paid Leave

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3 tips for appropriate performance appraisals

Each new year brings new resolutions. You might not be surprised to learn a 2015 Nielsen survey showed getting in shape was the most common new year’s resolution for last year. This year is likely to bring more of the same. I…more

Annual Assessments, Employee Evaluations, Performance Reviews

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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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Fourth Circuit Backs NLRB on Supervisor Status

The Fourth Circuit recently upheld a finding of the National Labor Relations Board (NLRB) that four employees were not supervisors, even though each employee oversaw the daily work of between 22 and 40 workers. The Fourth…more

Bargaining Units, Corporate Counsel, NLRA, NLRB, Supervisors

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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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EEOC Proposes Requiring Employers to Report Pay and Hours Worked Information on EEO-1 Forms

In accordance with the Obama administration's efforts to combat a perceived gender gap in compensation, the EEOC has proposed revising the Employer Information Report (EEO-1) to require employers to provide information on…more

Data Collection, EEO-1, EEOC, Equal Pay, Pay Discrimination

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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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Form M-1 Filings Due March 1, 2016 for MEWAs

Multiple Employer Welfare Arrangements (MEWAs) must file a Form M-1 annually and shortly after inception. The annual Form M-1 filing deadline for the 2015 calendar year is March 1, 2016…more

Employee Benefits, Filing Deadlines, Form M-1, MEWAs

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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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The UK Continues to Take Aim at the Gender Pay Gap

More than 35 years after the United Kingdom's Equal Pay Act was introduced, recently released statistics show a 19.2 percent gap in average full time salaries between men and women. Recently, Shared Parental Leave was…more

Corporate Counsel, Equal Pay, Equal Pay Act, Gender Discrimination, Gender-Based Pay Discrimination

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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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NLRB Adopts New Broader Joint-Employer Standard

On August 27, 2015, the National Labor Relations Board (NLRB or Board) issued its long-awaited decision in Browning-Ferris Industries (BFI) substantially changing and expanding the standard for finding a joint-employer…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Corporate Counsel, Franchisee, Franchisors

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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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Managing Retail Employer Risk and the Janitorial Services Contractor-Subcontractor Relationship

Discount retailer Ross Stores, Inc.'s ("Ross") recent proposed settlement of a California labor law class action filed by immigrant and low wage subcontractors related to janitorial services performed in its Ross Dress for Less…more

Class Action, Contractors, Employer Liability Issues, Janitorial Services, PAGA

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Legal Alert: Sequestration Arrives With Federal Contractors Still Facing WARN Act Uncertainties

March 1 has arrived without a budget compromise in Washington, DC. Barring a last minute deal before midnight tonight, across-the-board federal budget cuts are expected to go into effect. For employers, this will bring with it…more

Contractors, Layoffs, Notice Requirements, Sequestration, WARN Act

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Pregnant Employees Now Entitled to ADA-Type Accommodations

The EEOC has issued new guidance on the reach of the Pregnancy Discrimination Act ("PDA") that greatly expands the protections it claims all employers must provide to pregnant employees. The two most significant new provisions…more

ADA, Discrimination, EEOC, Employee Rights, Pregnancy

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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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California Supreme Court Tells Both Sides to Sit Down

The California Supreme Court's recent decision in Kilby v. CVS Pharmacy/Henderson v. JPMorgan Chase has clarified the state's standards concerning when employers must provide suitable seating to their employees. While the…more

CA Supreme Court, CVS, Employer Liability Issues, JPMorgan Chase, PAGA

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New York Court Refuses to Enforce Agreement's Covenant Not to Compete Where Employer Breached the Agreement First

The right to enforce a covenant not to compete may be lost when the employer first violates the terms of the same agreement, says a New York appeals court. In Fewer v. GFI Grp. Inc. et al., 124 A.D.3d 457, 2015 WL 176227 (First…more

Adverse Employment Action, Breach of Contract, Corporate Counsel, Employer Liability Issues, Employment Contract

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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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New York Enacts Paid Family Leave Law and Increases Minimum Wage Rate

On March 31, 2016, New York State lawmakers finalized a budget deal that included: (1) a bill mandating paid family leave for most employees (the "Paid Family Leave Law") and (2) a statewide incremental increase to a $15 per…more

FMLA, Minimum Wage, New Legislation, Paid Family Leave Law, Paid Leave

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Home Care Professionals Series Part 1 – NYS Domestic Workers' Bill of Rights

As most home care agencies know, the United States Department of Labor ("USDOL") eliminated the companionship exemption for home care agency workers on October 13, 2015 in its Final Rule on the Application of the FLSA to…more

DOL, Domestic Workers, ESTA, Home Healthcare Workers, Paid Leave

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Contact

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

  • 404-888-3800

Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Class Action
  • Immigration Law
  • Labor & Employment Law
  • Litigation
Locations
Other U.S. Locations
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Number of Attorneys

100+ Attorneys

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