Littler

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

NLRB General Counsel Issues Report Concerning Legality of Common Employer Rules

On March 18, 2015, NLRB General Counsel Richard Griffin issued a Report Concerning Employer Rules, in a stated effort to provide guidance on the intersection of employer rules and the National Labor Relations Act (NLRA). …more
| Civil Rights, Communications & Media Law, Labor & Employment Law, Privacy, Intellectual Property

The Supreme Court Sides with the Department of Labor in "Rulemaking" Challenge

The U.S. Supreme Court handed the U.S. Department of Labor (DOL) a victory in a battle over whether the agency's reversal of its stance on the exempt status of mortgage loan officers was subject to public notice and comment. In…more
| Administrative Law, Labor & Employment Law, Finance & Banking, Real Estate - Residential

DOL Issues its Final Rule for SOX Whistleblower Complaints

On March 5, 2015, the U.S. Department of Labor issued a Final Rule implementing protections for employees of securities companies and their subsidiaries, as well as employees of national credit-rating agencies. The Final Rule…more
| Civil Rights, Commercial Law & Contracts, Labor & Employment Law, Finance & Banking, Securities Law

Wisconsin Becomes Next "Right to Work" State

March 6, 2015 Authors: Jonathan Levine, Adam Tuzzo, and Sarah Matt On March 6, 2015, Wisconsin’s State Assembly approved legislation that will make Wisconsin the 25th “Right to Work” state in the country.  Governor Walker has…more
| Labor & Employment Law

District of Columbia Issues Template "Wage Theft Prevention Amendment Act" Notices

The District of Columbia’s new Wage Theft Prevention Amendment Act of 2014 (the Act), which became effective on February 26, 2015, requires employers to provide written notice to each employee based in D.C. containing specific…more
| Labor & Employment Law

Fleet-Footed Investigations and Prompt Remedial Action: The New Normal

Does your company respond to all internal concerns immediately, investigate them thoroughly and remediate them with unmatchable speed? What if the concern comes from an officer, director, lawyer, compliance professional,…more
| Civil Rights, Commercial Law & Contracts, Labor & Employment Law, Securities Law

Same-Sex Married Couples Now Have Equal Rights to FMLA Leave Regardless of Their Residence

March 3, 2015 Authors: Jean L. Schmidt The U.S. Department of Labor (DOL) has issued a Final Rule revising the regulatory definition of "spouse" under the Family and Medical Leave Act (FMLA) to ensure that same-sex married…more
| Civil Rights, Constitutional Law, Labor & Employment Law, Military Law

SEC Targeting Broad Employee Confidentiality Clauses

February 27, 2015 Authors: Gregory Keating and Harry Jones The Securities and Exchange Commission (SEC) has recently contacted a number of companies seeking every confidentiality agreement, nondisclosure agreement, settlement…more
| Civil Rights, Commercial Law & Contracts, Labor & Employment Law, Securities Law

New Protections for Pregnant Employees Set to Take Effect in the District of Columbia

Employers in the District of Columbia will soon be required to provide reasonable workplace accommodations to employees whose ability to perform the functions of their positions are limited as a result of pregnancy, childbirth,…more
| Civil Rights, Labor & Employment Law

Update on Criminal Background Checks: Impact of EEOC v. Freeman and Ongoing Challenges in a Continuously Changing Legal Environment

The latest chapter in the ongoing saga of employment-related criminal background checks in the United States has been written, and one of the authors had some particularly strong words for the Equal Employment Opportunity…more
| Civil Procedure, Civil Rights, Labor & Employment Law, Finance & Banking

New Jersey Supreme Court Provides Guidance to Employers Defending Against Certain Supervisory Harassment Claims

On February 11, 2015, the New Jersey Supreme Court for the first time directly addressed and adopted the standard set forth in the U.S. Supreme Court's 1998 decisions in Burlington Industries, Inc. v. Ellerth and Faragher v…more
| Civil Rights, Labor & Employment Law

Philadelphia Enacts Paid Sick Leave Ordinance for Virtually All Employers

After seven years and two previous vetoes, on February 12, 2015, Philadelphia City Council passed, and Mayor Michael Nutter promptly signed into law, the Promoting Healthy Families and Workplaces Ordinance ("the Ordinance") with…more
| Labor & Employment Law

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
| Labor & Employment Law

What to Expect When Your Male Employee Is Expecting: Massachusetts Replaces Maternity Leave Act with Parental Leave Act

February 6, 2015 Authors: Adam Forman and Shannon Berube Effective April 7, 2015, the Massachusetts Maternity Leave Act will be replaced by the Parental Leave Act ("PLA"). The new law expands the scope of the Maternity Leave Act…more
| Labor & Employment Law
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