Littler

Wisconsin Eases, But Does Not Eliminate, the One Day of Rest in Seven Law

Effective July 14, 2015, Wisconsin has made it easier for an employer to comply with Wisconsin Statute 103.85, Wisconsin’s “one day of rest in seven” requirement. Under this statute, most factory and mercantile employers must…more
| Labor & Employment Law

Lawmakers Introduce Worker Misclassification Legislation

Two weeks after the U.S. Department of Labor issued an Administrator's Interpretation cautioning that "most workers are employees," Senators Bob Casey (D-PA) and Al Franken (D-MN) introduced a bill targeting worker…more
| Labor & Employment Law

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
| Labor & Employment Law, Nonprofit Law

Littler's Tammy McCutchen Testifies that the DOL's Approach in Proposed Overtime Rule is "Unprecedented"

The U.S. Department of Labor's methodology and minimum salary threshold set forth in its proposed revisions to the Fair Labor Standards Act's "white collar" exemptions are "unprecedented in the FLSA’s 77-year history," explained…more
| Labor & Employment Law

Washington Piece-Rate Workers to Receive Separate Rest Breaks

The expansive interpretation of meal and rest break regulations continues in Washington State, as the state's highest court ruled in Demetrio v. Sakuma Brothers Farms, Inc., Case No. 90932-6 (Wash. Sup. Ct. July 16, 2015), that…more
| Agriculture, Labor & Employment Law

Washington Piece-Rate Workers to Receive Separate Rest Breaks

The expansive interpretation of meal and rest break regulations continues in Washington State, as the state's highest court ruled in Demetrio v. Sakuma Brothers Farms, Inc., Case No. 90932-6 (Wash. Sup. Ct. July 16, 2015), that…more
| Agriculture, Labor & Employment Law

How Broad is Broad? New DOL Guidance Determines "Most Workers Are Employees"

In a move that is expected to have far-reaching consequences for employers, the U.S. Department of Labor issued new guidance on the classification of independent contractors as employees under the Fair Labor Standards Act…more
| Labor & Employment Law

Preemption Law Results Show Different Approaches States Take with Local Sick Leave Measures

2015 has been a notable year for the passage and implementation of local mandatory paid sick leave (PSL) laws. In addition to statewide laws taking effect in California and Massachusetts, new local laws have taken effect in…more
| Conflict of Laws, Labor & Employment Law

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
| Worker’s Compensation

Office of the Chief Administrative Hearing Officer Rejects DACA Recipient’s Document Discrimination Claim

The U.S. Office of the Chief Administrative Hearing Officer (OCAHO) recently published Gonzalez-Hernandez v. Arizona Family Health Partnership, an interesting decision that illustrates the conflict between state laws and the…more
| Immigration Law, Labor & Employment Law

EEOC Rules Discrimination Based on Employee's Sexual Orientation Is Sex Discrimination Under Title VII

The U.S. Equal Employment Opportunity Commission (EEOC or Commission) has issued a potentially groundbreaking decision finding that discrimination based on "sexual orientation" can be brought under Title VII of the Civil Rights…more
| Civil Rights, Labor & Employment Law

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
| Commercial Law & Contracts, Labor & Employment Law

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
| Civil Rights, Labor & Employment Law

IRS Moves to Prohibit Lump Sum Windows for Retirees

The IRS issued Notice 2015-49 (the "Notice") on July 9, 2015, effectively ending the ability of sponsors of qualified defined benefit pension plans ("DB Plan") to "de-risk" their plans by offering participants in pay status the…more
| Finance & Banking, Labor & Employment Law, Taxation

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
| Civil Procedure, Labor & Employment Law
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