Littler

Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely…more

ADA, Annual Reports, Class Action, Corporate Counsel, EEOC

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The Explosion of Paid Sick Leave In New Jersey

The trend of municipalities in New Jersey enacting paid sick leave ordinances continues.  Littler previously reported on the enactment of two such laws in Jersey City (effective January 24, 2014) and Newark (effective May 29,…more

Employer Mandates, New Legislation, Paid Leave, Sick Leave

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Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely…more

ADA, Annual Reports, Class Action, Corporate Counsel, EEOC

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Puerto Rico Governor Signs Law Allowing Employees to Use Accrued Paid Sick Leave to Care for Qualified Family Members

Governor Alejandro García Padilla recently signed Law No. 251 (House Bill 695), a measure that provides caregiver leave under Puerto Rico law. This law, which is effective immediately, amends the Puerto Rico Minimum Wage,…more

Employee Benefits, FMLA, New Legislation, Non-Exempt Employees, Puerto Rico

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Gubernatorial Writer's Cramp: 2014 California Employment Legislation Affecting Private Sector Employers

Does his hand hurt? Between signing and vetoing bills this year, California Governor Jerry Brown exercised his executive signature on the highest number of bills sent to a California governor since 2008. The California…more

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The Affordable Care Act and Staffing: One Size Does Not Fit All

Since its enactment in 2010, the Affordable Care Act (ACA) has generated debate and questions about the law's impact on third-party staffing arrangements. With the effective date of the ACA's "pay-or-play" employer mandate just…more

Affordable Care Act, Employee Definition, Employer Mandates, Full-Time Employees, Independent Contractors

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California District Court Re-Certifies Chinese Daily News Wage and Hour Class Action After Second Trip To Ninth Circuit

On April 15, 2014, in Wang v. Chinese Daily News, Inc., a California federal district court re-certified a Rule 23(b)(3) California state law wage and hour action involving a class of 200 non-exempt employees who alleged their…more

Class Action, Class Certification, Rule 23, Wage and Hour

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Final Regulations Clarify and Expand Portland Sick Leave Law Requirements

Beginning January 1, 2014, private-sector employers doing business in Portland that have six or more employees will be required to provide employees with a minimum of one hour of paid sick leave for every 30 hours of work…more

Accrued Benefits, Discrimination, Employee Rights, Notice Requirements, Sick Leave

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Whistleblowing in Tennessee: Does It Matter Who Hears the Whistle?

A whistleblower claims he was fired because he complained about wrongful conduct, and sues for retaliation. For the claim to survive, does it matter who hears the whistleblower's whistle? The Tennessee Supreme Court has…more

Adverse Employment Action, Internal Reporting, Reporting Requirements, Retaliation, TN Supreme Court

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New Jersey Employers Face New Pregnancy Accommodation Requirements

On January 21, 2014, New Jersey Governor Chris Christie signed the Pregnant Worker’s Fairness Act (PWFA) after nearly unanimous support in the State Assembly and Senate. The PWFA, which took effect immediately, applies to all…more

Employee Rights, Pregnancy, Pregnancy Discrimination, Reasonable Accommodation

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Same-Sex Marriages and Benefit Plans After Windsor

On June 26, 2013, the Supreme Court issued its long-awaited decision in Windsor v. United States, No. 12-307. The Court ruled (in a 5-4 decision) that the section of the Defense of Marriage Act (DOMA) that required federal laws…more

401k, Civil Unions, Divorce, DOMA, Domestic Partnership

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Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely…more

ADA, Annual Reports, Class Action, Corporate Counsel, EEOC

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Blacklisting Proposed Rule and DOL Guidance Could Have Serious Repercussions for Those Doing Business with the Federal Government

On May 28, 2015, the Federal Acquisition Regulatory (FAR) Council published in the Federal Register its highly anticipated Notice of Proposed Rulemaking (NPRM) regarding the so-called "blacklisting" procedures ordered by…more

Barack Obama, Blacklist, Comment Period, Corporate Counsel, DOL

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California Supreme Court to Decide Whether Finding That UTSA Claim Was Filed in Bad Faith Can Revive a Previously Dismissed Malicious Prosecution Claim

The California Supreme Court’s recent decision to review the Second District Court of Appeals’ ruling in Parrish v. Latham & Watkins, 238 Cal. App. 4th 81 (2015) sets the stage for a potential sea change in the litigation of…more

CA Supreme Court, Malicious Prosecution, Misappropriation, Trade Secrets, UTSA

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Court Finds Sham Litigation Violates Secondary Boycott Provisions of NLRA, But NLRA Prohibitions Do Not Apply to Worker Centers

On August 26, 2013, in Waugh Chapel South, LLC v. UFCW (4th Cir. 2013), the U.S. Court of Appeals for the Fourth Circuit delivered a victory, in part, to employers and, in part, to labor. In its decision, the Fourth Circuit…more

Frivolous Lawsuits, NLRA, Sham Litigation Exception, Unions

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The California Grizzly Elbows Uncle Sam: New California Immigration Requirements For Private Sector Employers

Partly in response to the inaction in Washington on immigration reform, the California Legislature, in the annual session concluded in mid-September, passed several bills which were signed by Governor Brown that either create or…more

Discrimination, Employer Liability Issues, I-9, Immigrants, Immigration Reform

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Social Gatherings and Social Media this Holiday Season – What's Not to "Like"?

According to a survey by the Society for Human Resource Management, almost 90% of employers throw a holiday party. Taking into account holiday parties hosted by employees for co-workers, there is a very good chance your…more

Communications Decency Act, Employer Liability Issues, Holiday Parties, NLRA, Popular

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México: Reforma a la Ley del INFONAVIT Establece Nuevas Obligaciones en la Subcontratación

El pasado 04 de junio de 2015, se reformó la Ley del Instituto del Fondo Nacional de la Vivienda para los Trabajadores (“Ley del INFONAVIT”) para adicionar el artículo 29 Bis como un requisito adicional en la práctica de…more

Hiring & Firing, Mexico, Outsourcing

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Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely…more

ADA, Annual Reports, Class Action, Corporate Counsel, EEOC

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California Court Rules Teacher Tenure Statutes Unconstitutional

On June 10, 2014, the trial court judge in Vergara v. State of California issued a decision striking down as unconstitutional five provisions of the California Education Code regarding public school teacher tenure procedures…more

Department of Education, Hiring & Firing, Public Schools, Seniority, Teachers

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Private Sector Employers in the District of Columbia Will Soon Be Required to Comply with a New Law Restricting Their Ability to Rely on Criminal Records for Employment Purposes

On August 22, 2014, the District of Columbia Mayor signed a new law restricting most employers that operate in the District of Columbia in their ability to rely on criminal history information, including criminal background…more

Background Checks, Criminal Background Checks, Employer Liability Issues, Hiring & Firing, Job Applicants

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Michigan's New "Internet Privacy Protection Act" Sets Limitations for Employers and Employees

On December 28, 2012, Michigan joined California,1 Illinois,2 and Maryland3 in enacting a social media password protection law when Governor Rick Snyder signed the "Internet Privacy Protection Act" (IPPA or the "Act"). In an…more

Cybersecurity, Electronic Communications, Internet Privacy Protection Acts, Passwords, Social Media

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The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation

In This Report: - Explanation And Scope Of This Preliminary Littler Report - Introduction - Workplace LAW Challenges And Solutions - A. Human Displacement - B. Union And Non-Union Labor…more

Anti-Discrimination Policies, Business Torts, Discovery, Healthcare, Internet of Things

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Retaliation and Whistleblower Claims by In-House Counsel

In This Issue: - Whistleblower protections and in-House Counsel - Sarbanes-oxley - The Dodd-Frank Act - The False Claims Act - Common Law Wrongful Discharge Claims - The Ethical…more

After-Acquired Evidence, Attorney-Client Privilege, Confidentiality Agreements, Conflicts of Interest, Corporate Counsel

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Missouri Appeals Court Holds Sexual Orientation Discrimination is not Prohibited by Missouri Human Rights Act

In a case of first impression at the appellate level, the Missouri Court of Appeals for the Western District of Missouri has held that the Missouri Human Rights Act (“MHRA”) does not prohibit discrimination based on sexual…more

Employment Discrimination, Hiring & Firing, Hostile Environment, PricewaterhouseCoopers, SCOTUS

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Paid Sick Time Law Developments in the State of California; Emeryville, California; Eugene, Oregon; and Bloomfield, New Jersey

The wave of new sick leave legislation continues across the country.  At the same time, state and local governments continue to refine existing laws to address new laws passed, as well as the complexities that surround providing…more

Compliance, Earned Sick Time, Employee Benefits, Healthy Workplaces Healthy Families Act 2014, Paid Sick Leave Act

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NLRB Imposes New "Indirect Control" Joint Employer Standard in Browning-Ferris

On August 27, 2015, the last day of Harry Johnson, III's term as a Board member, the National Labor Relations Board issued its long-awaited decision in Browning-Ferris Industries of California, Inc. The Board voted 3-2 to change…more

Amicus Briefs, Browning-Ferris Industries of California Inc., Collective Bargaining, Contractors, Corporate Counsel

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Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely…more

ADA, Annual Reports, Class Action, Corporate Counsel, EEOC

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West Virginia DOL Withdraws Proposed Emergency Wage and Hour Regulations

In welcome news for employers, the West Virginia Department of Labor (WVDOL) has withdrawn a set of emergency regulations that would have significantly revamped state wage and hour requirements and created conflicts with federal…more

Conflicts of Laws, DOL, Employer Liability Issues, FLSA, Minimum Wage

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High Court Again Finds a California Court Failed to Place Arbitration Agreements on Equal Footing With Other Contracts

On December 14, 2015, in DirecTV, Inc. v. Imburgia, the U.S. Supreme Court reversed a California State Court of Appeal decision that had invalidated an arbitration provision based on language from the agreement rendering the…more

Arbitration Agreements, Class Action Arbitration Waivers, DirectTV, DirecTV v Imburgia, Federal Arbitration Act

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West Virginia Employment Update: The Mountain State is Becoming Much More Attractive to Employers

For the past several decades, West Virginia has not fared particularly well when employers were faced with tough decisions regarding whether to close or open new facilities in the state.  One of the factors that undoubtedly…more

Arbitration, Arbitration Agreements, Business Development, DOL, Government Contractors

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European Court of Justice Expands the Definition of Working Time

The European Court of Justice ("ECJ") recently issued a decision regarding the paid working time of certain mobile employees that will have a significant impact on companies with employees in the European Union. The ECJ's…more

Employees, EU, European Court of Justice (ECJ), Tyco, Wage and Hour

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Federal Judge Holds FAAAA Preempts a Critical Portion of the Massachusetts Independent Contractor Law

On July 8, 2015, a federal district court judge held that a section of the Massachusetts Independent Contractor law, as applied to same-day delivery services, is preempted by the Federal Aviation Administration Authorization Act…more

Aviation Industry, Delivery Drivers, FAAAA, Hiring & Firing, Independent Contractors

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The Sixth Circuit Extends the NLRA's Reach to Tribal-Owned Casinos

The extent of the National Labor Relations Act's application to tribal-owned and operated enterprises on reservations is an open question in many circuits. Recently, two Sixth Circuit decisions resolved the question in favor of…more

ADEA, Casinos, ERISA, Jurisdiction, NLRA

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The Federal Enclave Doctrine: A Potentially Powerful Defense to State Employment Laws

The U.S. Constitution provides that the federal government has exclusive legislative rights over certain federal territories – such as military bases, courthouses, and other official properties – if a state consents to the…more

Class Action, Federal Jurisdiction, Preemption, Removal, Wage and Hour

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Nevada Establishes Conclusive Presumption for Independent Contractor Status

In Terry v. Sapphire Gentlemen’s Club, 336 P.3d 951 (Nev. Oct. 30, 2014), the Nevada Supreme Court adopted the Fair Labor Standard Act (FLSA)’s “economic realities” test to determine whether workers can be classified as…more

ABC Test, Business Licenses, FLSA, Independent Contractors, IRS

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West Virginia DOL Withdraws Proposed Emergency Wage and Hour Regulations

In welcome news for employers, the West Virginia Department of Labor (WVDOL) has withdrawn a set of emergency regulations that would have significantly revamped state wage and hour requirements and created conflicts with federal…more

Conflicts of Laws, DOL, Employer Liability Issues, FLSA, Minimum Wage

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Connecticut Addresses E-Cigarettes and Vapor Products, Imposes Signage Requirements on Select Employers

Connecticut has passed a new law regulating electronic nicotine delivery systems and vapor products in various venues, including numerous places of employment.  Effective October 1, 2015, Public Act No. 15 206 (the Act)…more

E-Cigarettes, Penalties, Posting Requirements, Public Hearing, Smoking Bans

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San Francisco Ordinance Imposes New Burdens on 'Formula' Retail Employers

In addition to federal and state laws, San Francisco currently has ten labor and employment laws that apply only to employees working within the City. On December 5, 2014, the eleventh San Francisco-specific employment law was…more

Employee Rights, Local Ordinance, Retailers, San Francisco, Wage and Hour

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As Expected, the NLRB Eliminates the Employer's Right to Terminate Dues Checkoff Upon Expiration of a CBA

On August 27, 2015, the National Labor Relations Board, in Lincoln Lutheran of Racine, 362 NLRB No. 188, overturned 53 years of precedent, holding that, like most other terms and conditions of employment, an employer’s…more

Canning v NLRB, CBAs, Collective Bargaining, Corporate Counsel, NLRB

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Pittsburgh City Council Approves Amended Paid Sick Leave Bill

On August 3, 2015, less than one month after the introduction of the original bill, the Pittsburgh City Council passed an amended bill requiring virtually all employers within the city to provide paid sick leave. Pittsburgh is…more

Employee Benefits, PTO, Recordkeeping Requirements, Sick Leave, Wage and Hour

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The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation

In This Report: - Explanation And Scope Of This Preliminary Littler Report - Introduction - Workplace LAW Challenges And Solutions - A. Human Displacement - B. Union And Non-Union Labor…more

Anti-Discrimination Policies, Business Torts, Discovery, Healthcare, Internet of Things

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IRS Provides Welcome Guidance on Mid-Year Amendments to Safe Harbor 401(k) Plans

The IRS recently issued Notice 2016-16 (the “Notice”), which permits most mid-year amendments to safe harbor 401(k) plans.  This is welcome news to sponsors of safe harbor 401(k) plans who, prior to the issuance of the Notice,…more

401k, Employee Benefits, IRS, Retirement Plan, Safe Harbors

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Rhode Island Enacts Legislation Requiring Accommodations for Pregnant Employees

On June 25, 2015, Rhode Island Governor Gina M. Raimondo signed legislation requiring Rhode Island employers to provide workplace accommodations for pregnant workers.  The new law, which went into effect immediately, obligates…more

Compliance, Employment Policies, FEPA, Leave of Absence, Pregnancy

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SEC Report Indicates Whistleblower Program Going Strong

Compliance professionals and attorneys received confirmation on Tuesday of what many have long expected: the U.S. Securities and Exchange Commission whistleblower program is steadily growing in scope and impact, and the SEC is…more

Anti-Retaliation Provisions, Compliance, Dodd-Frank, Popular, SEC

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Contrary to Union's Argument, NLRB Finds Jurisdiction Over Nonprofit Corporation Operating Charter School in Chicago

In Chicago Mathematics & Science Academy Charter School, Inc., 359 NLRB No. 41 (Dec. 14, 2012), the National Labor Relations Board ("the Board" or "NLRB") rejected the position of a teachers' union and found that it had…more

Charter Schools, NLRB, Unions

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Federal Judge Holds FAAAA Preempts a Critical Portion of the Massachusetts Independent Contractor Law

On July 8, 2015, a federal district court judge held that a section of the Massachusetts Independent Contractor law, as applied to same-day delivery services, is preempted by the Federal Aviation Administration Authorization Act…more

Aviation Industry, Delivery Drivers, FAAAA, Hiring & Firing, Independent Contractors

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Maine Enacts Law Restricting Employer Access to an Employee's or Job Applicant's Social Media Accounts

Maine has now enacted legislation that restricts an employer’s ability to demand information regarding an employee’s or job applicant’s social media account. The passage of H.P. 640 - L.D. 921, An Act to Strengthen the Rights…more

DOL, FINRA, Governor LePage, Hiring & Firing, Legislative Vetoes

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The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation

In This Report: - Explanation And Scope Of This Preliminary Littler Report - Introduction - Workplace LAW Challenges And Solutions - A. Human Displacement - B. Union And Non-Union Labor…more

Anti-Discrimination Policies, Business Torts, Discovery, Healthcare, Internet of Things

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Ninth Circuit Addresses When Commuting Time May Be Compensable Under California Labor Code and What Must be Included in a PAGA Notice

The U.S. Court of Appeals for the Ninth Circuit recently addressed the compensability of commute time under the California Labor Code and the content required in a Private Attorneys General Act of 2004 (PAGA) letter. The Ninth…more

Appeals, PAGA, Summary Judgment, Travel Time, Unpaid Overtime

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Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely…more

ADA, Annual Reports, Class Action, Corporate Counsel, EEOC

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The Wellness Program Awakens: District Court Rejects EEOC Challenge in Flambeau

Wellness programs, already something of a force in the group health plan industry, received a shot in the arm at the end of 2015 when a federal district court in Wisconsin ruled that an employer may require compliance with a…more

ADA, Corporate Counsel, EEOC, Exemptions, GINA

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Michigan Court of Appeals Rules Medical Marijuana Users Discharged for Positive Drug Tests May Still Be Eligible for Unemployment Benefits

In a published decision that may surprise employers, the Michigan Court of Appeals ruled that an employee terminated for testing positive for marijuana but who possesses a medical marijuana card is not disqualified from…more

Appeals, Drug Testing, Marijuana, Medical Marijuana, Unemployment Benefits

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Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely…more

ADA, Annual Reports, Class Action, Corporate Counsel, EEOC

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Agencies Issue Final Rules Governing Contractor Minimum Wage, Whistleblower Protections

On December 4, 2015, three federal agencies published a final rule amending the Federal Acquisition Regulation (FAR) to implement Executive Order (E.O.) 13658, Establishing a Minimum Wage for Contractors. The same day, the same…more

Federal Acquisition Regulations (FAR), Federal Contractors, Minimum Wage, Wage and Hour, Whistleblower Protection Policies

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Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely…more

ADA, Annual Reports, Class Action, Corporate Counsel, EEOC

See All Updates »

Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely…more

ADA, Annual Reports, Class Action, Corporate Counsel, EEOC

See All Updates »

California Court of Appeals Awards Attorneys' Fees to Defendant For Misappropriation of Trade Secrets Claim Brought in Bad Faith

A California appellate court recently affirmed the trial court’s ruling in Cypress Semiconductor Corporation v. Maxim Integrated Products, Inc. that the defendant (“Maxim”) was entitled to attorney’s fees under California Civil…more

Appeals, Attorney's Fees, Bad Faith, Civil Code, Dismissals

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Philadelphia Pregnancy Accommodation Law Notice to Employees Must be Posted by April 20, 2014

On or before April 20, 2014, all employers with employees in the City of Philadelphia must post a new notice on pregnancy discrimination from the Philadelphia Commission on Human Relations. Unlike the Philadelphia 21st Century…more

Pregnancy, Pregnancy Discrimination, Reasonable Accommodation

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Required 2016 Minimum Wage Poster for Federal Contractors Available

The U.S. Department of Labor has updated its 2016 minimum wage poster to reflect new requirements imposed by the February 12, 2014, Executive Order (E.O.) 13658, Establishing a Minimum Wage for Contractors. The E.O. requires…more

DOL, Federal Acquisition Regulations (FAR), Federal Contractors, FLSA, Minimum Wage

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Increased Minimum Wage Is on Its Way: The City of San Jose's New Minimum Wage Ordinance Takes Effect on March 11

This past November, voters in the City of San Jose, California ("City") approved their own minimum wage ordinance (MWO) – the largest city in the United States to take this action. The ordinance takes effect on Monday, March 11,…more

Business Taxes, Exemptions, Local Ordinance, Minimum Wage

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New York Employers Are Now Safe to Make Wage Deductions: NYDOL Issues Final Wage Deduction Regulations

The New York Department of Labor (NYDOL) issued final regulations, effective October 9, 2013, which explain how and when employers may make deductions for wage overpayments due to mathematical or clerical errors and for…more

DOL, Overpayment, Wage Deductions, Wages

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Annual Report On EEOC Developments: Fiscal Year 2014

In This Issue: - INTRODUCTION ..I. LOOKING BACK AT FY 2014: A REVIEW OF EEOC SUCCESSES AND FAILURES, AND SIGNIFICANT CASES AND DEVELOPMENTS TO WATCH FOR IN FY 2015 ..A. Key Statistics …more

Access To Justice, ADA, Conciliation, Discrimination, EEOC

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Mexico: It's the Law! Mexico Employers Must Implement Training Programs for Employees or Risk Steep Fines

On June 14, 2013, Mexico's Department of Labor and Social Welfare ("STPS") published final rules outlining an employer's obligation to develop and implement detailed employee training programs that will foster productivity…more

Compliance, Employee Benefits, Employee Rights, Enforcement, Labor Departments

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Certain Illinois Employers Now Required to Post Human Trafficking Helpline

A new Illinois state law requires certain employers to post notices informing employees and other members of the public of a helpline to assist any person who is subject to human trafficking. This law, effective January 1,…more

Adult Entertainment, Airports, Federal Acquisition Regulations (FAR), Forced Labor, Hospitals

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Pennsylvania Supreme Court Changes Labor Market Survey Rules

The Pennsylvania Supreme Court recently issued a decision that may significantly change the ability of an employer to modify or suspend Pennsylvania Workers’ Compensation benefits based on a Labor Market Survey. In Phoenixville…more

Workers' Compensation Defense

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Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely…more

ADA, Annual Reports, Class Action, Corporate Counsel, EEOC

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Federal Court Rules that Virginia's Laws Barring Same-Sex Marriage are Unconstitutional

On February 13, 2014, in Bostic v. Rainey, Judge Arenda L. Wright Allen of the U.S. District Court for the Eastern District of Virginia ruled that any Virginia laws banning same-sex marriage or prohibiting recognition of…more

Equal Protection, Fourteenth Amendment, Marriage, Marriage Equality, Same-Sex Marriage

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California Law Extends Workplace Discrimination Prohibition to Stalking Victims and Imposes New Reasonable Accommodation Requirement

California Governor Jerry Brown recently signed into law Senate Bill No. 400 (SB 400), which expands the state's current employment discrimination protections to victims of stalking. Effective January 1, 2014, SB 400 amends…more

ADA, Crime Victims, Discrimination, DLSE, Domestic Violence

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Open Carry and Campus Carry: Expanded Handgun Rights in Texas in 2016 and Beyond

In its most recent session, the Texas legislature passed two bills related to handgun possession in Texas.  House Bill No. 910 (HB 910) legalizes open carry of handguns in Texas.  Senate Bill No. 11 (SB 11) allows handgun…more

Compliance, Concealed Weapons, Educational Institutions, Employment Policies, Gun Laws

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Ninth Circuit Defines Parameters for Removal of PAGA Actions

California's Private Attorneys General Act of 2004 (PAGA) allows an "aggrieved employee" to recover civil penalties for certain violations of the California Labor Code. The amount of recovery in a PAGA action is based on the…more

PAGA, Rest and Meal Break

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Connecticut's Governor Vetoes Restrictive Non-Compete Bill Due to Lack of Clarity

On Friday, July 12, 2013, Connecticut's Governor Dannel P. Malloy vetoed a bill that would have restricted the use of non-compete agreements in the context of mergers and acquisitions. The proposed bill, "An Act Concerning…more

Acquisitions, Dannel Malloy, Legislative Vetoes, Mergers, Non-Compete Agreements

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Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely…more

ADA, Annual Reports, Class Action, Corporate Counsel, EEOC

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DC Bill Would Provide Most Generous Paid Leave Benefits in the Nation

On October 6, 2015, the District of Columbia Council introduced legislation that would establish a universal paid leave system for all DC residents and workers who are employed in DC but live elsewhere. The Universal Paid Leave…more

Corporate Counsel, Covered Employee, Employee Benefits, FMLA, Medical Leave

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The Big Move Toward Big Data in Employment

The world of Big Data has arrived, and it is beginning to affect employers and their decision-making in ways undreamed of even a few years ago. Employers can access more information about their applicant pool than ever before,…more

ADA, Big Data, Class Action, Compliance, Data Protection

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México Promulga Reformas Importantes a la Ley Federal del Trabajo

El día de hoy se publicó en el Diario Oficial de la Federación el "Decreto por el que se reforman, adicionan y derogan diversas disposiciones de la Ley Federal del Trabajo" de México. Las reformas entran en vigor a partir del 01…more

Dismissals, International Labor Laws, Unions, Wages

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Colorado Supreme Court Upholds Termination of Employee for Medical Marijuana Use

On June 15, the Colorado Supreme Court provided good news to Colorado employers that prohibit employee marijuana use.  In the long-awaited decision in Coats v. Dish Network, the court ruled that medical marijuana use—which is…more

CO Supreme Court, Coats v Dish Network, Drug Testing, Hiring & Firing, Marijuana

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Second Circuit Announces New Test For Intern Claims and Puts the Brakes on Class and Collective Claims by Interns

On July 2, 2015, the U.S. Court of Appeals for the Second Circuit issued two eagerly awaited decisions that may dampen the recent wave of collective and class actions filed by unpaid interns claiming they should be paid…more

Class Action, Class Certification, DOL, FLSA, Hearst

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Home Care Industry Coalition Seeks Supreme Court Review of DOL's Home Care Rule

In the latest litigation chapter involving the U.S. Department of Labor’s rule extending minimum wage and overtime requirements to certain home care workers, a home care industry coalition has taken its challenge of the rule to…more

Companionship Exemptions, Compliance, DOL, FLSA, Home Healthcare Workers

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DC Bill Would Provide Most Generous Paid Leave Benefits in the Nation

On October 6, 2015, the District of Columbia Council introduced legislation that would establish a universal paid leave system for all DC residents and workers who are employed in DC but live elsewhere. The Universal Paid Leave…more

Corporate Counsel, Covered Employee, Employee Benefits, FMLA, Medical Leave

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Annual Report On EEOC Developments: Fiscal Year 2014

In This Issue: - INTRODUCTION ..I. LOOKING BACK AT FY 2014: A REVIEW OF EEOC SUCCESSES AND FAILURES, AND SIGNIFICANT CASES AND DEVELOPMENTS TO WATCH FOR IN FY 2015 ..A. Key Statistics …more

Access To Justice, ADA, Conciliation, Discrimination, EEOC

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Connecticut Extends Workplace Harassment and Discrimination Protections to Unpaid Interns

On June 22, 2015, Connecticut Governor Dannel P. Malloy signed into law a new statute that extends workplace harassment, discrimination and retaliation protection to unpaid interns. Historically, it was unclear whether an…more

Anti-Harassment Policies, Commission on Human Rights, Discrimination, DOL, Employment Policies

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Puerto Rico Supreme Court: Failure to Provide Safe, Private and Hygienic Area for Breastfeeding in the Workplace May Violate Working Mother’s Constitutional Right to Privacy

On January 25, 2016, the Supreme Court of Puerto Rico held that employers in Puerto Rico should provide a safe, private, and hygienic place for working nursing mothers to extract breast milk during the nursing period as provided…more

Breastfeeding, Corporate Counsel, Puerto Rico, Right to Privacy, SBA

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Annual Report On EEOC Developments: Fiscal Year 2014

In This Issue: - INTRODUCTION ..I. LOOKING BACK AT FY 2014: A REVIEW OF EEOC SUCCESSES AND FAILURES, AND SIGNIFICANT CASES AND DEVELOPMENTS TO WATCH FOR IN FY 2015 ..A. Key Statistics …more

Access To Justice, ADA, Conciliation, Discrimination, EEOC

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Minimum Wages, Maximum Challenges in 2016 (2017, 2018 . . .)

Although the state-level minimum wage changes in 2015 have been tame compared to the significant changes in 2014, employers should be aware of a number of minimum wage legislative developments on the federal, state, and local…more

DOL, FLSA, Minimum Wage, Tipped Employees, Wage and Hour

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Rhode Island Enacts Legislation Requiring Accommodations for Pregnant Employees

On June 25, 2015, Rhode Island Governor Gina M. Raimondo signed legislation requiring Rhode Island employers to provide workplace accommodations for pregnant workers.  The new law, which went into effect immediately, obligates…more

Compliance, Employment Policies, FEPA, Leave of Absence, Pregnancy

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West Virginia Employment Update: The Mountain State is Becoming Much More Attractive to Employers

For the past several decades, West Virginia has not fared particularly well when employers were faced with tough decisions regarding whether to close or open new facilities in the state.  One of the factors that undoubtedly…more

Arbitration, Arbitration Agreements, Business Development, DOL, Government Contractors

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Massachusetts Extends Labor and Employment Protections to Domestic Workers

Effective April 1, 2015, Massachusetts will become the fourth state (after New York, California and Hawaii) to extend employment protections specifically to domestic workers. The "Domestic Workers' Bill of Rights"1 creates new…more

Domestic Workers, Employer Mandates, New Legislation, Wage and Hour

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"That Can't Be Right!" California Appellate Court Rules that Piece Rate Workers Are Entitled to Separate Hourly Compensation

A California Court of Appeal dealt another blow to employers this month when it held automobile mechanics, who earned at least minimum wage for every hour worked, were entitled to separate hourly compensation for any time not…more

Automotive Industry, Class Action, Collective Bargaining, Minimum Wage, Piece-Rate Pay

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Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely…more

ADA, Annual Reports, Class Action, Corporate Counsel, EEOC

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EEOC Enforcement Guidance on Pregnancy Discrimination Adds ADA Duties of Reasonable Accommodation

On July 14, 2014, the EEOC issued its long-anticipated Enforcement Guidance on Pregnancy Discrimination and Related Issues (the Guidance), which, according to Commissioner Lipnic, "adopts new and dramatic substantive changes to…more

ADA, Discrimination, EEOC, Employer Liability Issues, Enforcement Guidance

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FTC Report: With Big Data Can Come Big Responsibility

The Federal Trade Commission (“FTC”) issued a report this month entitled, “Big Data: A Tool for Inclusion or Exclusion.”1 The theme of the report is that there are benefits and risks associated with companies’ use of big data—in…more

Analytics, Big Data, Employment Discrimination, FTC, Popular

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SEC Report Indicates Whistleblower Program Going Strong

Compliance professionals and attorneys received confirmation on Tuesday of what many have long expected: the U.S. Securities and Exchange Commission whistleblower program is steadily growing in scope and impact, and the SEC is…more

Anti-Retaliation Provisions, Compliance, Dodd-Frank, Popular, SEC

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NLRB Upholds Unilateral Changes in Negotiated Employee Benefits

In an era when the National Labor Relations Board seldom finds actions by employers to be reasonable, that agency recently issued two decisions finding that a unilateral change in employee benefits provided under a collective…more

ALJ, Collective Bargaining, Corporate Counsel, Employee Benefits, Healthcare

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Ninth Circuit Finds Auto 'Service Advisors' Not Exempt Under FLSA

In Navarro v. Encino Motorcars, LLC (9th Cir. Mar. 24 2015), the U.S. Court of Appeals for the Ninth Circuit addressed an issue of first impression in the Circuit: whether individuals who worked for automobile dealerships as…more

Appeals, Automotive Industry, Car Dealerships, Corporate Counsel, Exempt-Employees

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Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely…more

ADA, Annual Reports, Class Action, Corporate Counsel, EEOC

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House Bill Would Require Public Disclosure of Company Policies to Combat Supply Chain Trafficking

On July 27, 2015, U.S. Representatives Carolyn Maloney (D-NY) and Chris Smith (R-NJ) introduced the Business Supply Chain Transparency on Trafficking and Slavery Act of 2015 (H.R. 3226) (the "Bill"). The Bill would require that…more

Child Labor, Federal Acquisition Regulations (FAR), Forced Labor, Human Trafficking, Publicly-Traded Companies

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Mexico Approves an Increase to the Daily Minimum Wage for 2016

On December 18, 2015, the National Commission on Minimum Wages ("Comisión Nacional de los Salarios Mínimos" or CONASAMI ) approved a general minimum wage increase of 4.2%, effective January 1, 2016…more

Mexico, Minimum Wage, Wage and Hour

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New Case Provides Lessons That May Help Companies Avoid Pitfalls When Structuring Independent Contractor Relationships

The district court's opinion denying cross-motions for summary judgment in Bobbitt v. Broadband Interactive, Inc., No. 8:11-cv-2855 (M.D. Fla. Oct. 21, 2013) illustrates how not to structure an independent contractor…more

Contract Drafting, Employee Rights, Employer Liability Issues, FLSA, Independent Contractors

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Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely…more

ADA, Annual Reports, Class Action, Corporate Counsel, EEOC

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Paid Sick Time Law Developments in the State of California; Emeryville, California; Eugene, Oregon; and Bloomfield, New Jersey

The wave of new sick leave legislation continues across the country.  At the same time, state and local governments continue to refine existing laws to address new laws passed, as well as the complexities that surround providing…more

Compliance, Earned Sick Time, Employee Benefits, Healthy Workplaces Healthy Families Act 2014, Paid Sick Leave Act

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Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely…more

ADA, Annual Reports, Class Action, Corporate Counsel, EEOC

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Minnesota Enacts “Ban the Box Law" Prohibiting Employment Application Criminal History Checkmark Boxes and Restricting Criminal Record Inquiries Until After Interviews or Conditional Job Offers

Effective January 1, 2014, recent amendments to Minnesota law will restrict the timing of pre-employment inquiries by most private employers into a candidate’s criminal past. Employers who are not exempted from the law may not…more

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Virginia Supreme Court Reverses Dismissal of Non-Compete Case, Emphasizing Need for Case-by-Case Analysis

In Assurance Data, Inc. v. John Malyevac, No. 121989 (Sept. 12, 2013), the Supreme Court of Virginia held that the Fairfax County Circuit Court had been too quick to rule on the enforceability of a covenant not to compete,…more

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New Jersey Agency Issues Regulations on Statewide “Ban-the-Box” Law

As previously reported, on August 11, 2014, New Jersey Governor Chris Christie signed “The Opportunity to Compete Act” – New Jersey’s so-called “ban-the-box” law – which restricts the ability of covered employers to inquire…more

Ban the Box, Criminal Background Checks, EEOC, Hiring & Firing, New Legislation

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Rhode Island Enacts Legislation Requiring Accommodations for Pregnant Employees

On June 25, 2015, Rhode Island Governor Gina M. Raimondo signed legislation requiring Rhode Island employers to provide workplace accommodations for pregnant workers.  The new law, which went into effect immediately, obligates…more

Compliance, Employment Policies, FEPA, Leave of Absence, Pregnancy

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Massachusetts Attorney General Creates a "Safe Harbor" From the Requirements of the Massachusetts Sick Leave Law

The Massachusetts Attorney General recently issued a supplemental regulation to the state's new sick leave law that aims to provide a "safe harbor" to Massachusetts employers that had qualifying paid time off ("PTO") policies…more

Attorney Generals, PTO, Safe Harbors, Sick Leave, Vacation Pay

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U.S. Department of Justice and SEC Release Long-Awaited Guidance on Foreign Corrupt Practices Act

On November 14, 2012, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) released their long-awaited guidance on the Foreign Corrupt Practices Act (FCPA). A Resource Guide to the US Foreign Corrupt…more

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Narrow Supreme Court Ruling Upholds Arbitrator's Decision that Parties' Agreement Permits Class Arbitration

In Oxford Health Plans LLC v. Sutter, the United States Supreme Court was asked to determine "whether an arbitrator exceeds his powers under the Federal Arbitration Act by determining that parties affirmatively 'agreed to…more

Arbitration, Class Action, Contract Interpretation, Federal Arbitration Act, Oxford Health v Sutter

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ACA Outlook: What Will 2016 Hold for the Affordable Care Act and Employers?

For many employers, 2016 will bring new requirements and challenges with respect to compliance with the Affordable Care Act (ACA).  However, their burden in years beyond 2016 may very likely diminish because of recent changes…more

Affordable Care Act, Automatic Enrollment, Cadillac Tax, Corporate Counsel, Health Insurance

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New California Laws Restrict the Discretion Employers Have to Inquire Into and Use Criminal Record Information

On October 10, 2013, California joined the growing list of states with expanded protections for individuals with prior criminal records when Governor Jerry Brown approved a bill (SB 530) amending the California Labor Code.1 …more

Criminal Background Checks, Criminal Records, Discrimination, Expungement, Sealed Records

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New York City Expands Human Rights Law to Prohibit Employment Discrimination Against Caregivers

Earlier this month, New York City Mayor Bill de Blasio signed legislation that expands the New York City Human Rights Law, making New York City the latest municipality to protect caregivers from discrimination in their terms or…more

Caregivers, Employment Discrimination, New Legislation, NYCHRL

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Mexico: It's the Law! Mexico Employers Must Implement Training Programs for Employees or Risk Steep Fines

On June 14, 2013, Mexico's Department of Labor and Social Welfare ("STPS") published final rules outlining an employer's obligation to develop and implement detailed employee training programs that will foster productivity…more

Compliance, Employee Benefits, Employee Rights, Enforcement, Labor Departments

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The Big Move Toward Big Data in Employment

The world of Big Data has arrived, and it is beginning to affect employers and their decision-making in ways undreamed of even a few years ago. Employers can access more information about their applicant pool than ever before,…more

ADA, Big Data, Class Action, Compliance, Data Protection

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New Compensation Disclosures for Public Companies

The Securities and Exchange Commission (SEC) has adopted a final rule requiring publicly traded corporations to disclose, to the SEC and shareholders, the ratio of CEO compensation to the "median compensation" of the…more

CEOs, Disclosure Requirements, Dodd-Frank, Executive Compensation, Final Rules

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DOL Proposes New Rule for Certain Immigrant and Nonimmigrant Programs Affecting Employment

The Department of Homeland Security (DHS) recently issued a proposed rule to amend employment-based immigrant and nonimmigrant visa programs. The new rule is intended to benefit both U.S. employers and foreign national workers…more

Corporate Counsel, EB-1, Grace Period, H1-B, I-140

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Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely…more

ADA, Annual Reports, Class Action, Corporate Counsel, EEOC

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Challenges and Best Practices for Home Care Employers Following the Elimination of the Companionship Exemption

In this Issue: - Introduction - History of the Companionship exemption - The New Regulations - Impact of the New Regulations - Challenges and Best practices for Home Care employers…more

Caregivers, Companionship Exemptions, DOL, Employee Benefits, Employee Rights

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Supreme Court Confirms EEOC Conciliation Efforts are Subject to Judicial Review

On April 29, 2015, in a unanimous decision, the U.S. Supreme Court resolved a circuit split in holding that the Equal Employment Opportunity Commission’s (EEOC) attempts to conciliate a discrimination charge prior to filing a…more

Conciliation, Discrimination, EEOC, Judicial Review, Mach Mining v EEOC

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Open Carry and Campus Carry: Expanded Handgun Rights in Texas in 2016 and Beyond

In its most recent session, the Texas legislature passed two bills related to handgun possession in Texas.  House Bill No. 910 (HB 910) legalizes open carry of handguns in Texas.  Senate Bill No. 11 (SB 11) allows handgun…more

Compliance, Concealed Weapons, Educational Institutions, Employment Policies, Gun Laws

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California Court Rules Teacher Tenure Statutes Unconstitutional

On June 10, 2014, the trial court judge in Vergara v. State of California issued a decision striking down as unconstitutional five provisions of the California Education Code regarding public school teacher tenure procedures…more

Department of Education, Hiring & Firing, Public Schools, Seniority, Teachers

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Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely…more

ADA, Annual Reports, Class Action, Corporate Counsel, EEOC

See All Updates »

Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely…more

ADA, Annual Reports, Class Action, Corporate Counsel, EEOC

See All Updates »

Are We There Yet? California Appellate Court Rules There Is No Statutory Cap for Pregnancy-Disability Leave

The interplay among state and federal employment leave requirements can be confusing and often becomes a trap for the unwary, as occurred in the recent case of Sanchez v. Swissport, Inc., No. B237761 (Cal. Ct. App. Feb. 21,…more

Appeals, California Family Rights Act (CFRA), Disability, Disability Leave, FEHA

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Fourth Circuit Holds Employer Liable for Third-Party Racial and Sexual Harassment

In its first published opinion on the topic, the U.S. Court of Appeals for the Fourth Circuit ruled last month in Freeman v. Dal-Tile Corp. that an employer is liable for harassment by a third party when the employer knows or…more

Employer Liability Issues, Harassment, Sexual Harassment, Third-Party Risk

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DOJ Warns That Employers Using Labor Contractors That Violate Anti-Discrimination Laws May be Held Liable

The Department of Justice's Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) recently issued an opinion letter clarifying that employers that carry out discriminatory employment practices, even…more

Anti-Discrimination Policies, DOJ, E-Verify, Employment Discrimination, Hiring & Firing

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EEOC Releases Detailed Enforcement Statistics – Claims Remain at Historic Levels

The U.S. Equal Employment Opportunity Commission (EEOC) announced that it received 99,412 private sector workplace discrimination charges during fiscal year (FY) 2012 – October 1, 2011 to September 30, 2012. While the number of…more

Discrimination, EEOC, Enforcement Statistics, Sexual Harassment, Title VII

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Minnesota Women's Economic Security Act Becomes Law

Last week, Minnesota passed the Women’s Economic Security Act (WESA), a nine-part law intended to break down barriers for women in the workplace. Of direct interest to employers, the law protects employees’ discussion about…more

Employer Liability Issues, Employer Mandates, Equal Pay, Family Status Accommodation, New Regulations

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The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation

In This Report: - Explanation And Scope Of This Preliminary Littler Report - Introduction - Workplace LAW Challenges And Solutions - A. Human Displacement - B. Union And Non-Union Labor…more

Anti-Discrimination Policies, Business Torts, Discovery, Healthcare, Internet of Things

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Required 2016 Minimum Wage Poster for Federal Contractors Available

The U.S. Department of Labor has updated its 2016 minimum wage poster to reflect new requirements imposed by the February 12, 2014, Executive Order (E.O.) 13658, Establishing a Minimum Wage for Contractors. The E.O. requires…more

DOL, Federal Acquisition Regulations (FAR), Federal Contractors, FLSA, Minimum Wage

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EU Privacy Regulators: Newly Announced "Privacy Shield" Not A Safe Harbor Yet

In response to the February 2, 2016, announcement by the European Commission (the "Commission") and the U.S. Commerce Department of a new framework, called the "Privacy Shield," to replace the invalidated U.S.-European Union…more

Article 29 Working Party (WP29), Binding Corporate Rules, Data Protection, EU, EU-US Privacy Shield

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Ninth Circuit Holds that Employers Are Entitled to Individualized Damages and Affirmative Defense Determinations in Wage and Hour Class Actions

In Wang v. Chinese Daily News, Inc., 2013 U.S. App. LEXIS 4423 (9th Cir. Mar. 4, 2013), the U.S. Court of Appeals for the Ninth Circuit issued a decision that runs contrary to its prior endorsement of the use of inferential…more

Affirmative Defenses, Class Action, Individualized Damages, Wage and Hour, Wang v Chinese Daily News

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Australia: Government Seeks to Redefine Parameters of Paid Parental Leave Entitlements to Prevent Employee "Double-Dipping"

Australia's federal government recently introduced the Fairer Paid Parental Leave Bill 2015. If approved, the new law will amend the Paid Parental Leave Act 2010 to redefine the parameters of paid parental leave entitlements…more

Employee Benefits, Employment Policies, Minimum Wage, Parental Leave, Wage and Hour

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SEC Continues its Efforts to Make Dodd-Frank Whistleblowing Easier

The Securities and Exchange Commission (SEC) recently issued interpretative guidance intended to advance the agency's position that a whistleblower is entitled to the anti-retaliation protections of the Dodd-Frank Wall Street…more

Amicus Briefs, Anti-Retaliation Provisions, Chevron Deference, Chevron v NRDC, Dodd-Frank

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New York State Supreme Court Finds 24-Hour Home Care Attendants Must be Paid for Sleep and Meal Periods

The New York State Department of Labor ("NY DOL") has consistently enforced the New York Labor Law ("NYLL") as permitting third-party employers of 24-hour home care attendants to pay their employees for 13 hours of a 24-hour…more

Home Health Agencies, Home Health Care, Home Healthcare Workers, NY Supreme Court, Rest and Meal Break

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Second Circuit Announces New Test For Intern Claims and Puts the Brakes on Class and Collective Claims by Interns

On July 2, 2015, the U.S. Court of Appeals for the Second Circuit issued two eagerly awaited decisions that may dampen the recent wave of collective and class actions filed by unpaid interns claiming they should be paid…more

Class Action, Class Certification, DOL, FLSA, Hearst

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U.S. Supreme Court Holds that ERISA Plan Can Enforce Contractual Limitations Provision to Bar Benefit Claim Lawsuit

The U.S. Supreme Court in Heimeshoff v. Hartford Life & Accident Insurance Co. et al. resolved a split among the circuits when it held that a contractual limitations clause in an ERISA-governed long-term disability benefits plan…more

Disability, Disability Benefits, Employee Benefits, ERISA, Heimeshoff v. Hartford Life & Accident Insurance Co.

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A Legislative El Niño for California?: New 2016 Employment Laws for the State’s Private Sector Employers

Experts are predicting a 95% chance of heavier-than-usual seasonal rainfall this year in Southern California based on the phenomenon known as “El Niño.”  Did the California Legislature and its Governor produce a comparable…more

Affirmative Defense, Agricultural Workers, Alcohol Beverage Control, Anti-Retaliation Provisions, Arbitration

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Annual Report On EEOC Developments: Fiscal Year 2014

In This Issue: - INTRODUCTION ..I. LOOKING BACK AT FY 2014: A REVIEW OF EEOC SUCCESSES AND FAILURES, AND SIGNIFICANT CASES AND DEVELOPMENTS TO WATCH FOR IN FY 2015 ..A. Key Statistics …more

Access To Justice, ADA, Conciliation, Discrimination, EEOC

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Federal Court Split on Consideration Needed to Enforce a Restrictive Covenant in Illinois Remains Unresolved

On July 14, 2015, the U.S. Court of Appeals for the Seventh Circuit decided Instant Technology, LLC v. DeFazio. The decision was widely expected to address the current split in the Northern District of Illinois on whether two…more

Appeals, Hiring & Firing, Reliable Fire Equipment Co. v. Arredondo, Restrictive Covenants, Staffing Agencies

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Pennsylvania Supreme Court Holds Uniform Written Obligations Act Does Not Allow Employer To Enforce Noncompete Unsupported By Consideration

In Socko v. Mid-Atlantic Systems of CPA, Inc. (No. J-40-2015), the Pennsylvania Supreme Court ruled on an issue of first impression: whether the state’s Uniform Written Obligations Act (“UWOA”) allows employers to enforce a…more

Non-Compete Agreements, PA Supreme Court, Socko, Written Agreements

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West Virginia's Amended Deliberate Intent Statute

For a number of years, W. Va. Code § 23-4-2 (commonly known as the deliberate intent statute) has provided employees with work-related injuries an avenue to circumvent the workers' compensation immunity afforded to West Virginia…more

Intoxication, Workers' Compensation Claim, Working Conditions, Workplace Injury

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The Heavy Burden of Light Duty: Young v. UPS

On March 25, 2015, the U.S. Supreme Court issued its much-anticipated decision in Young v. UPS, which employer and employee groups alike hoped would clarify whether employers must provide light duty and other workplace…more

Essential Functions, Legal History, PDA, Pregnancy Discrimination, Reasonable Accommodation

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Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely…more

ADA, Annual Reports, Class Action, Corporate Counsel, EEOC

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Private Attorneys General Act (PAGA) Amended to Address Some Excesses

On October 2, 2015, Governor Brown signed urgency legislation (Assembly Bill [AB] 1506) that immediately amends California's Labor Code Private Attorneys General Act of 2004 (PAGA) to address increasing civil litigation alleging…more

Enforcement Actions, Labor Code, New Legislation, PAGA, Wage and Hour

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Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely…more

ADA, Annual Reports, Class Action, Corporate Counsel, EEOC

See All Updates »

Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely…more

ADA, Annual Reports, Class Action, Corporate Counsel, EEOC

See All Updates »

Fifth Circuit Rules on Tip Pooling

In Montano v. Montrose Restaurant Associates, Inc., the U.S. Court of Appeals for the Fifth Circuit was presented with what may seem like an easy issue:  does including a “coffeeman” in a tip pool invalidate the tip credit?  The…more

Appeals, DOL, FLSA, Resorts & Restaurants, Restaurant Industry

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How Flexible Are You? Stretching the Boundaries with a Remote Workforce

Yahoo! CEO Marissa Mayer's recent decision to ban telecommuting has highlighted the issue of how employers of all sizes respond to technological changes that are redefining the workplace…more

ADA, Cybersecurity, Data Protection, Disability Discrimination, Discrimination

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The OFCCP's Pay Secrecy Final Rule for Federal Contractors and Subcontractors is Now Effective

On January 11, 2016, the final rule issued by the Office of Federal Contract Compliance Programs (OFCCP) amending regulations to implement President Obama's Executive Order 13665, the so-called "Pay Secrecy" or "Pay…more

Anti-Retaliation Provisions, Executive Orders, Federal Contractors, Non-Discrimination Rules, OFCCP

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Mexico: It's the Law! Mexico Employers Must Implement Training Programs for Employees or Risk Steep Fines

On June 14, 2013, Mexico's Department of Labor and Social Welfare ("STPS") published final rules outlining an employer's obligation to develop and implement detailed employee training programs that will foster productivity…more

Compliance, Employee Benefits, Employee Rights, Enforcement, Labor Departments

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Maine Enacts Law Restricting Employer Access to an Employee's or Job Applicant's Social Media Accounts

Maine has now enacted legislation that restricts an employer’s ability to demand information regarding an employee’s or job applicant’s social media account. The passage of H.P. 640 - L.D. 921, An Act to Strengthen the Rights…more

DOL, FINRA, Governor LePage, Hiring & Firing, Legislative Vetoes

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"That Can't Be Right!" California Appellate Court Rules that Piece Rate Workers Are Entitled to Separate Hourly Compensation

A California Court of Appeal dealt another blow to employers this month when it held automobile mechanics, who earned at least minimum wage for every hour worked, were entitled to separate hourly compensation for any time not…more

Automotive Industry, Class Action, Collective Bargaining, Minimum Wage, Piece-Rate Pay

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California Supreme Court Holds Independent Contractor Misclassification Claims Can Be Determined by Common Proof – But Only in Certain Circumstances

In its first employment-related class certification decision since its seminal ruling in Duran v. U.S. Bank, the California Supreme Court, in a fragmented opinion, reversed the denial of class certification for a group of…more

Class Action, Class Certification, Employer Liability Issues, Independent Contractors, Misclassification

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District of Columbia Employers Must Provide Transportation Benefit Programs by the New Year

Employers with employees located in the District of Columbia must provide a transportation benefit program to employees by January 1, 2016. This mandatory commuter benefit is among many environmental and sustainability…more

Commuting, Covered Employee, Employee Benefits, Transportation Expenses

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8(f) v. 9(a) Relationships in the Construction Industry: The Controversy Continues

Responding to an 11-year-old decision by the U.S. Court of Appeals for the D.C. Circuit, the National Labor Relations Board’s General Counsel recently issued a memorandum that provides guidance to NLRB regional offices on…more

Collective Bargaining, Construction Contracts, NLRA, NLRB

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Marriage with a Capital "M": What Employers Need to Know About the Supreme Court's Decision in Obergefell v. Hodges

On June 26, 2015, the U.S. Supreme Court issued what can only be described as a landmark decision, ruling that the Fourteenth Amendment of the U.S. Constitution requires (i) all states to permit marriage between same-sex…more

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Ninth Circuit Joins First Circuit in Finding that the Elimination of a Pension Transfer Option does not Violate ERISA's Anti-Cutback Rule

In Anderson v. DHL Retirement Pension Plan, the Ninth Circuit followed the First Circuit in finding that the elimination of the right to transfer an account balance from a defined contribution plan to a defined benefit plan does…more

Defined Contribution Plans, ERISA, Pensions, Retirement

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Federal Agencies Issue Regulations Governing Benefit Reductions and Partitions for Underfunded Multiemployer Pension Plans

On June 17, 2015, the Internal Revenue Service (IRS) and the Pension Benefit Guaranty Corporation (PBGC) released several regulatory measures implementing the multiemployer pension plan amendments that were enacted in December,…more

401k, Employee Benefits, ERISA, IRS, MPRA

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Second Circuit Announces New Test For Intern Claims and Puts the Brakes on Class and Collective Claims by Interns

On July 2, 2015, the U.S. Court of Appeals for the Second Circuit issued two eagerly awaited decisions that may dampen the recent wave of collective and class actions filed by unpaid interns claiming they should be paid…more

Class Action, Class Certification, DOL, FLSA, Hearst

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Washington Court Weighs in on Privilege Waiver & What Is Opposition Activity

In Lodis v. Corbis Holdings, Inc., No. 67215-1-I (Wash. Ct. App. Jan. 14, 2013), the Washington State Court of Appeals has helped clarify what has become a contentious issue in employment litigation, ruling that "when a…more

Age Discrimination, Discovery, Discrimination, Emotional Injury Claims, Hiring & Firing

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Blacklisting Proposed Rule and DOL Guidance Could Have Serious Repercussions for Those Doing Business with the Federal Government

On May 28, 2015, the Federal Acquisition Regulatory (FAR) Council published in the Federal Register its highly anticipated Notice of Proposed Rulemaking (NPRM) regarding the so-called "blacklisting" procedures ordered by…more

Barack Obama, Blacklist, Comment Period, Corporate Counsel, DOL

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The Zika Virus: Frequently Asked Questions for Employers

The Zika virus is receiving significant press coverage, including reports that it may cause birth defects if pregnant women are exposed.  Employers may wonder if they have obligations to protect or accommodate employees under…more

ADA, CDC, Infectious Diseases, OSHA, Reasonable Accommodation

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Appeals Court Upholds Board Finding of Failure to Bargain over Job Relocation

The D.C. Circuit recently enforced the National Labor Relations Board’s January 3, 2012 order holding that an automotive dealership had violated Sections 8(a)(5) and 8(a)(1) of the National Labor Relations Act by failing to…more

ALJ, Automotive Industry, Bargaining Units, Car Dealerships, Collective Bargaining

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Trendsetter or Outlier? Oregon Adds New Twist to Password Protection Laws

Since early 2012, 21 states have enacted some form of "password protection" law. Although these laws vary substantially by state, their common thread is the intention to restrict employers' ability to access content in…more

Corporate Counsel, Employee Rights, Employment Policies, Hiring & Firing, New Legislation

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Just in Time for the Holidays, New Brunswick Gives the "Gift" of Paid Sick/Safe Time

On December 17, 2015, New Brunswick, New Jersey passed a sick and safe leave ordinance that provides up to 40 hours of paid sick and safe leave to employees beginning on January 6, 2016. Although there are similarities between…more

Employee Benefits, Posting Requirements, Sick Leave, Wage and Hour

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The Big Move Toward Big Data in Employment

The world of Big Data has arrived, and it is beginning to affect employers and their decision-making in ways undreamed of even a few years ago. Employers can access more information about their applicant pool than ever before,…more

ADA, Big Data, Class Action, Compliance, Data Protection

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Agencies Issue Final Rules Governing Contractor Minimum Wage, Whistleblower Protections

On December 4, 2015, three federal agencies published a final rule amending the Federal Acquisition Regulation (FAR) to implement Executive Order (E.O.) 13658, Establishing a Minimum Wage for Contractors. The same day, the same…more

Federal Acquisition Regulations (FAR), Federal Contractors, Minimum Wage, Wage and Hour, Whistleblower Protection Policies

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California Supreme Court Clarifies Requirements of Commissioned Employee Exemption

In recent years there has been substantial litigation regarding whether and how employers may satisfy California minimum wage requirements for compensation plans involving commissions. In Peabody v. Time Warner Cable, Inc., the…more

Corporate Counsel, Employer Liability Issues, Exempt-Employees, Minimum Wage, Putative Class Actions

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California Supreme Court to Decide Whether Finding That UTSA Claim Was Filed in Bad Faith Can Revive a Previously Dismissed Malicious Prosecution Claim

The California Supreme Court’s recent decision to review the Second District Court of Appeals’ ruling in Parrish v. Latham & Watkins, 238 Cal. App. 4th 81 (2015) sets the stage for a potential sea change in the litigation of…more

CA Supreme Court, Malicious Prosecution, Misappropriation, Trade Secrets, UTSA

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California District Court Re-Certifies Chinese Daily News Wage and Hour Class Action After Second Trip To Ninth Circuit

On April 15, 2014, in Wang v. Chinese Daily News, Inc., a California federal district court re-certified a Rule 23(b)(3) California state law wage and hour action involving a class of 200 non-exempt employees who alleged their…more

Class Action, Class Certification, Rule 23, Wage and Hour

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The Dodd-Frank Act's Diversity Policy Encourages – But Does Not Mandate – Specific Employer Action

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 ("Dodd-Frank Act" or "Act") authorizes certain federal agencies to assess the "diversity policies and practices of the entities they regulate." On June 10,…more

Civil Rights Act, Compliance, Discrimination, Diversity, Dodd-Frank

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Annual Report on EEOC Developments - Fiscal Year 2013

In this Report: - Introduction - Reflections On Fifty Years Of Title Vii Of The Civil Rights Act Of 1964 And Unsettled Issues Involving Systemic Claims And Class-Based Litigation By The EEOC - Overview Of…more

Civil Rights Act, Compliance, Discrimination, EEOC, Employee Rights

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The Big Move Toward Big Data in Employment

The world of Big Data has arrived, and it is beginning to affect employers and their decision-making in ways undreamed of even a few years ago. Employers can access more information about their applicant pool than ever before,…more

ADA, Big Data, Class Action, Compliance, Data Protection

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EEOC’s Proposed (Anti) Retaliation Guidance: Is Your Whistleblower Response System Ready?

The EEOC’s January 21, 2016 “Draft Proposed Enforcement Guidance on Retaliation and Related Issues” continues the pattern of governmental agencies probing deeply into your whistleblower program.  Whether or not the guidance…more

ADA, Anti-Retaliation Provisions, EEOC, Popular, Whistleblower Protection Policies

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San Francisco Bay Area Employers Must Comply with Commuter Benefits Program by September 30, 2014

Covered San Francisco Bay Area employers without an already-existing and compliant commuter benefits plan have until September 30, 2014, to select at least one of four commuter benefit options, notify employees of how to take…more

Commuter Tax Benefits, Commuting, Employee Benefits

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Houston City Council Passes City's First Anti-Discrimination in Private Employment Ordinance

On May 28, 2014, the Houston City Council passed the city's first ordinance to ban discrimination in private workplaces, and to expand the types of prohibited discrimination for employers subject to this ordinance, as noted…more

ADA, ADEA, Anti-Discrimination Policies, Discrimination, Employee Rights

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Massachusetts Earned Sick Time Safe Harbor is Drawing to an End: Are Your Policies Compliant?

On July 1, 2015, the Massachusetts earned sick time law took effect, requiring most Massachusetts employers to provide their employees with the right to accrue and take up to 40 hours of paid sick leave per year. The law does…more

Compliance, Employee Benefits, Safe Harbors, Sick Leave, Wage and Hour

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Buyer Beware – Continuing Its Controversial Changes, NLRB Increases the Price Tag of a Successor's Unlawful Failure to Hire Its Predecessor's Employees

On September 30, 2014, the National Labor Relations Board overruled established precedent once again. The Board’s decision enhanced the liability to which a successor employer is exposed when it fails to hire employees of its…more

Anti-Union Actions, Discrimination, Employer Liability Issues, Hiring & Firing, NLRB

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The Big Move Toward Big Data in Employment

The world of Big Data has arrived, and it is beginning to affect employers and their decision-making in ways undreamed of even a few years ago. Employers can access more information about their applicant pool than ever before,…more

ADA, Big Data, Class Action, Compliance, Data Protection

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The Heavy Burden of Light Duty: Young v. UPS

On March 25, 2015, the U.S. Supreme Court issued its much-anticipated decision in Young v. UPS, which employer and employee groups alike hoped would clarify whether employers must provide light duty and other workplace…more

Essential Functions, Legal History, PDA, Pregnancy Discrimination, Reasonable Accommodation

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Most New York City Employers Must Offer Commuter Transportation Benefits to Full-Time Employees

New York City’s Mass Transit Benefit Law requires that most New York City employers with at least 20 full-time employees offer such full-time employees the opportunity to use their pre-tax earnings, up to $130 per month, to pay…more

Fringe Benefits, Full-Time Employees, New Legislation, Recordkeeping Requirements, Transportation Expenses

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Too Little, Too Late: The Supreme Court Adopts But-For Causation for Title VII Retaliation Claims

On June 24, 2013, in University of Texas Southwestern Medical Center v. Nassar, 570 U.S. ___ (2013), the U.S. Supreme Court broke its long string of pronouncing expansive standards in the context of Title VII retaliation claims…more

Discrimination, Hiring & Firing, Race Discrimination, Religious Discrimination, Retaliation

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District Court Holds False Claims Act Applies to Employee Allegedly Terminated for Engaging in Protected Activity Against Unrelated Former Employer

In a matter of first impression, the U.S. District Court for the Western District of Pennsylvania in Cestra v. Mylan Inc. No. 15-0873 (E.D. Pa., May 22, 2015) held that the antiretaliation provision of the False Claims Act…more

Anti-Retaliation Provisions, Cephalon, False Claims Act (FCA), Hiring & Firing, Interlocutory Appeals

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The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation

In This Report: - Explanation And Scope Of This Preliminary Littler Report - Introduction - Workplace LAW Challenges And Solutions - A. Human Displacement - B. Union And Non-Union Labor…more

Anti-Discrimination Policies, Business Torts, Discovery, Healthcare, Internet of Things

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The Supreme Court Rules an Unaccepted Offer of Judgment Cannot Moot a Case, But What About Payment of Complete Relief?

A divided U.S. Supreme Court recently ruled in Campbell-Ewald Co. v. Gomez that an unaccepted settlement offer or offer of judgment is a legal nullity that cannot moot a case.  However, the Court left open the possibility that…more

Campbell Ewald v Gomez, Class Action, Class Representatives, FLSA, Genesis Healthcare Corp. v. Symczyk

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Board Extends Micro-Unit Union Organizing One Step Further

The National Labor Relations Board ("NLRB" or the "Board") continues to expand the impact of its controversial 2011 decision in Specialty Healthcare, which paved the way for labor unions to organize employees in so-called "micro…more

Collective Bargaining, Corporate Counsel, NLRB, Specialty Healthcare, Unions

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Gambling in the Workplace is Anything But a Safe Bet

So you didn’t win the Powerball jackpot?  There are still plenty of opportunities to win big in the next few weeks as Super Bowl L, March Madness, and even the Oscars quickly approach.  Many employees will likely be solicited by…more

Sports Gambling

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Copycat Ordinance: Los Angeles County to Adopt $15 Minimum Wage Similar to Recent Los Angeles Citywide Ordinance

On July 21, 2015, the Los Angeles County Board of Supervisors approved a motion directing County Counsel to prepare a “Countywide Minimum Wage Ordinance” to incrementally increase the minimum wage for Los Angeles County…more

Compliance, Consumer Price Index, Minimum Wage, Wage and Hour

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The Big Move Toward Big Data in Employment

The world of Big Data has arrived, and it is beginning to affect employers and their decision-making in ways undreamed of even a few years ago. Employers can access more information about their applicant pool than ever before,…more

ADA, Big Data, Class Action, Compliance, Data Protection

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Colorado Division of Labor Issues New Guidance on "Use-It-Or-Lose-It" Vacation Policies, But Questions Remain

The Colorado Department of Labor and Employment's Division of Labor has promulgated new guidance on "use-it-or-lose-it" vacation policies. While the Colorado Division of Labor has taken no enforcement position on use-it-or-lose…more

Compliance, DOL, Employment Policies, Hiring & Firing, New Guidance

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EEOC Sanctioned for Failing to Produce Class Claimants' Social Media ESI and Other e-Discovery Misconduct

In EEOC v. The Original HoneyBaked Ham Company of Georgia Inc., 2013 U.S. Dist. LEXIS 26887 (D. Colo. Feb. 27, 2013), the U.S. District Court for the District of Colorado sanctioned the Equal Employment Opportunity Commission…more

Bad Faith, Class Action, Discrimination, Document Requests, EEOC

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Certain Illinois Employers Now Required to Post Human Trafficking Helpline

A new Illinois state law requires certain employers to post notices informing employees and other members of the public of a helpline to assist any person who is subject to human trafficking. This law, effective January 1,…more

Adult Entertainment, Airports, Federal Acquisition Regulations (FAR), Forced Labor, Hospitals

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The Heavy Burden of Light Duty: Young v. UPS

On March 25, 2015, the U.S. Supreme Court issued its much-anticipated decision in Young v. UPS, which employer and employee groups alike hoped would clarify whether employers must provide light duty and other workplace…more

Essential Functions, Legal History, PDA, Pregnancy Discrimination, Reasonable Accommodation

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Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely…more

ADA, Annual Reports, Class Action, Corporate Counsel, EEOC

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Workplace Injuries: Intentional Tort Claims in Ohio Are (Nearly) Dead in the Water

The Ohio Supreme Court delivered another blow to injured workers who attempt to skirt Ohio's workers' compensation system by pursuing a remedy for their injuries in court. On the heels of another opinion1 narrowly interpreting…more

Appeals, Intent, Intentional Torts, Workplace Injury

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DOL Issues Updated FMLA Notices and Forms Addressing GINA "Safe Harbor" Language Requirements

The U.S. Department of Labor (DOL) recently issued new versions of the agency's template Family and Medical Leave Act (FMLA) notices and certification forms, which have been approved for use for the next three years.  The new…more

Disability Leave, Discrimination, DOL, FMLA, Genetic Discrimination

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Department of Labor Issues Sweeping Fiduciary Rule Proposal

On April 14, 2015, the Department of Labor (DOL) released a proposal to re-define who is rendered a "fiduciary" of an employee benefit plan under the Employee Retirement Income Security Act (ERISA) by providing investment advice…more

Benefit Plan Sponsors, Comment Period, DOL, ERISA, Fiduciary Duty

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Anti-Trafficking Regulations Impose New Obligations on All Federal Contractors

April 10, 2015 Authors: Elizabeth A. Lalik and Katherine A. Fearn Amendments to the Federal Acquisition Regulation (FAR) aimed at eliminating substandard labor conditions within government contractors' supply chains went into…more

Employer Mandates, Federal Acquisition Regulations (FAR), Federal Contractors, Human Trafficking, New Regulations