News & Analysis as of

Department of Labor (DOL) Adverse Employment Action

Ogletree, Deakins, Nash, Smoak & Stewart,...

First Circuit Issues Opinion Clarifying FLSA’s Administrative Exemption

On August 14, 2023, the U.S. Court of Appeals for the First Circuit issued a decision—Marcus v. American Contract Bridge League—clarifying and applying the standards for determining whether an employee qualifies for the Fair...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - September 2023

DOL Proposes Changes to Overtime Regulations. On August 30, 2023, the U.S. Department of Labor (DOL) announced that it would issue a notice of proposed rulemaking to amend the regulations implementing the overtime provisions...more

DirectEmployers Association

OFCCP Week In Review: August 2023 #3

Monday, August 14, 2023: U.S. Justice & Education Departments Issued Joint Resources on Lawfully Advancing DEI Following Supreme Court’s University Admissions Decision - The U.S. Departments of Justice (“DOJ”) and Education...more

DirectEmployers Association

DE Under 3: Reversal of 2019 Enterprise Rent-a-Car Trial Decision; EEOC Commissioner Nominee Update; Overtime Listening Session

In this episode of DE Under 3, resident expert John Fox shares first-hand experience with the recent appellate court’s reversal of the 2019 Enterprise Rent-a-Car discrimination trial decision, and Candee shares updates on...more

DirectEmployers Association

OFCCP Week In Review: May 2022 #5

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Epstein Becker & Green

#WorkforceWednesday: CA COVID-19 Policies Get Updates, NYC Pay Transparency Law Postponed, DOL Targets Worker Retaliation -...

Epstein Becker & Green on

This week, we look at updated regulations in California and New York City and at the U.S. Department of Labor (DOL). California Employers Update COVID-19 Policies California employers are implementing updated COVID-19...more

Epstein Becker & Green

#WorkforceWednesday: CA Whistleblower Retaliation Cases, NYC Pay Transparency Law, Biden’s Labor Agenda - Employment Law This...

This week, we’re recapping major items shifting at the state, local, and federal levels, including whistleblower retaliation case law, pay transparency rules, and federal labor policies. California Supreme Court Specifies...more

Proskauer - Labor Relations Update

NLRB, DOL, and EEOC Announce Joint Initiative to Combat Worker Retaliation

Yesterday, the National Labor Relations Board (NLRB), along with the U.S. Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC), announced the creation of an interagency initiative to raise...more

Epstein Becker & Green

Philadelphia Enacts Protections for COVID-19 Whistleblowers

Epstein Becker & Green on

Philadelphia is making sure employers err on the side of caution when it comes to COVID-19. As of June 26, 2020, Philadelphia-based employees have additional protections from retaliation through the unanimously passed the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - July 2020

This edition of Employment Flash summarizes key employment law issues related to COVID-19 as well as two seminal U.S. Supreme Court rulings that protect gay and transgender employees from discrimination, and clarify the...more

FordHarrison

The Gig is Up – New Jersey Misclassification Laws Create Extreme Risk for Anyone Utilizing Independent Contractors

FordHarrison on

Soon after being elected, New Jersey’s Governor created a task force to end misclassification of independent contractors, and the state’s Department of Labor and Workforce Development (DOL) began increasing audits and its...more

FordHarrison

#10YearChallenge: How Much of a Difference Has a Decade Made in Employment Law?

FordHarrison on

Early in 2019, social media feeds, from Instagram to Twitter and Facebook, were filled with “10-Year Challenge” posts. To participate, users posted side-by-side pictures from 2009 and 2019, respectively, with...more

Polsinelli

DOL Implements Procedures for New Tax Whistleblower Claim Under Taxpayer First Act

Polsinelli on

On September 11, 2019, the Department of Labor announced that whistleblower retaliation complaints under the Taxpayer First Act (TFA) will be handled by the Occupational Safety and Health Administration (OSHA). ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Untangling Complex Leave Issues – Part II

In the second episode of this two-part series, John Stretton and Rachel Mandel discuss the complexities surrounding the Family and Medical Leave Act and the Americans with Disabilities Act, including no fault attendance...more

Bradley Arant Boult Cummings LLP

My Safety Complaint Was Unsafe for My Continued Employment

OSHA Safety Retaliation – What Is It? Virtually every employee protection law, federal or state, has some sort of anti-retaliation provision. The federal Occupational Safety and Health Act is no exception. The Occupational...more

Jackson Lewis P.C.

Maine Department Of Labor Provides No Guidance Concerning The Impact Of The State’s Recreational Marijuana Law On Workplace Drug...

Jackson Lewis P.C. on

Effective February 1, 2018, a provision in Maine’s recreational marijuana law impacts workplace drug testing. As we previously blogged, the law prohibits employers from taking adverse employment actions for off-premises...more

Manatt, Phelps & Phillips, LLP

Employment Law - September 2017

More Obama-Era Policies—Pay Data Collection, Overtime Rule—Fall - Why it matters - Continuing the rollback of Obama-era policies, the Equal Employment Opportunity Commission (EEOC) hit pause on the collection of...more

Proskauer - Whistleblower Defense

DOL Allows SOX Claim Where Foreign Whistleblower Alleged Violation of US Law

The Department of Labor’s Administrative Review Board (ARB) recently held that a former employee of Exelis Systems Corporation who was employed in Afghanistan could bring a SOX claim even though he worked exclusively outside...more

Holland & Knight LLP

OSHA Issues Final Rule On Complaints Under Affordable Care Act's Anti-Retaliation Provision

Holland & Knight LLP on

The Affordable Care Act (ACA) added Section 18C to the Fair Labor Standards Act (FLSA) to prohibit retaliation against employees who engage in certain activities protected by the ACA. Responsibility for receiving and...more

Littler

Restoring Decades-Old Precedent, the DOL Blows the Whistle on Fordham's "Fundamental Error"

Littler on

On Friday, September 30, 2016, U.S. Department of Labor’s (DOL’s) Administrative Review Board (ARB) issued its highly anticipated decision in Palmer v. Illinois Central Railroad Company, ARB No. 16-035 (2016), correcting its...more

Parker Poe Adams & Bernstein LLP

Trucking Company Owner Personally Liable for Whistleblower Retaliation Claim

Recent amendments to the Surface Transportation Act include a new cause of action for employees of companies engaged in interstate transportation who allege that they were fired or had other adverse action taken against them...more

Franczek P.C.

New Illinois Law Provides Bereavement Leave

Franczek P.C. on

The Child Bereavement Leave Act (“the Act”) became effective July 29, 2016, and it provides up to two weeks (10 working days) of unpaid leave to employees in the event of the death of an employee’s child. The Act applies...more

McAfee & Taft

Employee says ‘Labor Board;’ Court says ‘Retaliation’

McAfee & Taft on

When does a retaliation claim under the Fair Labor Standards Act (FLSA) arise? Put another way, does an employee actually have to go to the U.S. Department of Labor before an adverse employment action in order to have a...more

Proskauer - Whistleblowing & Retaliation

OSHA Releases Final Dodd-Frank Whistleblower Regulations

OSHA recently released its final rule implementing the whistleblower provisions of the Consumer Financial Protection Act of 2010 (“CFPA”).  The following are the key features of the rule...more

Manatt, Phelps & Phillips, LLP

Employment Law - October 2015 #2

Take the Cure: New California Law Permits Corrections of Wage Statement Violations - Why it matters: Employers may want to review their wage statements after Governor Jerry Brown signed a new law that permits them...more

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