Littler

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
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Rights, Labor & Employment Law

Philadelphia Issues Employer Poster for New Paid Sick Leave Ordinance and Creates New Agency for Enforcement

The Managing Directors Office for the City of Philadelphia has issued the notification poster for employers to use to comply with the new “Promoting Healthy Families and Workplaces” Ordinance. This Ordinance requires certain…more
| Labor & Employment Law

Preventing Wage Secrecy in DC: Another Layer to the Regulatory Cake

On March 11, 2015, the District of Columbia's Wage Transparency Act of 2014 (the "Act") took effect.  The Act makes it unlawful for employers to prohibit employees from discussing their wages, and also prohibits employer…more
| Elections & Politics, Labor & Employment Law

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
| Elections & Politics, Labor & Employment Law, Finance & Banking

New York City Council Passes the First Citywide Bill Restricting Employers from Using Credit Information in Employment Decisions

On April 16, 2015, the New York City Council overwhelmingly passed a bill to make it unlawful for most employers to use an applicant's or employee's credit history for employment purposes, except in certain, specified…more
| Labor & Employment Law, Finance & Banking

New Arkansas Law Boldly Embraces Noncompetition Provisions

On April 2, 2015, Arkansas enacted a new law (the Act) that greatly expands the enforceability of noncompete agreements in the state. The Act makes striking changes to Arkansas non-compete law…more
| Commercial Law & Contracts, Labor & Employment Law, Intellectual Property

Seattle's New Wage Theft Ordinance Imposes Notice Requirements and Civil Penalties

Effective April 1, 2015, a new Wage Theft Ordinance imposes specific wage and tip notice requirements on employers in the City of Seattle. The Seattle Office for Civil Rights (SOCR) is granted power to investigate complaints,…more
| Civil Rights, Labor & Employment Law

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
| Commercial Law & Contracts, Labor & Employment Law, International Law & Trade, Government Contracting

SEC's Attack on Confidentiality Agreements

Keeping its promise announced last year, the Securities and Exchange Commission on April 1, 2015, released a cease-and-desist order ("Order") declaring illegal a publicly traded company's use of a confidentiality agreement that…more
| Administrative Law, Civil Rights, Commercial Law & Contracts, Labor & Employment Law, Securities Law

Indiana Religious Freedom Restoration Act will not be used as a Tool for Discrimination

On April 2, 2015, the Indiana General Assembly passed, and the Governor signed, an amendment to the controversial new Indiana Religious Freedom Restoration Act ("Indiana RFRA") that explicitly prevents the statute from being…more
| Business Organizations, Civil Procedure, Civil Rights, Elections & Politics, Labor & Employment Law

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
| Civil Procedure, Civil Rights, Labor & Employment Law

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
| Civil Procedure, Labor & Employment Law

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
| Civil Procedure, Civil Rights, Labor & Employment Law

Virginia's Password Protection Law Continues the Trend Toward Increasing Legislative Protection of Personal Online Accounts

March 30, 2015 Authors: Philip Gordon and Joon Hwang As many state legislatures open their 2015 sessions, Virginia has become the first this year — and most likely not the last — to continue the legislative trend towards…more
| Communications & Media Law, Labor & Employment Law, Privacy

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
| Civil Procedure, Labor & Employment Law, Health
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