In our latest edition of Employment Flash, we examine developments over the past three months, including the NLRB’s ruling regarding employees’ labor law rights in severance agreements, a Supreme Court decision that upheld...more
4/14/2023
/ Anti-Competitive ,
Automated Decision Systems (ADS) ,
Biometric Information ,
Biometric Information Privacy Act ,
Board of Directors ,
Clawbacks ,
Compensation ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Equal Pay ,
Ethnicity ,
EU ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Hiring & Firing ,
International Labor Laws ,
Minimum Salary ,
New Rules ,
NLRA ,
NLRB ,
Non-Disparagement Provisions ,
Proposed Rules ,
Severance Agreements ,
Sexual Assault ,
Sexual Harassment ,
UK ,
UK Competition and Markets Authority (CMA) ,
Unions ,
Vaccinations ,
Wage and Hour
This edition summarizes key employment law developments over the past six months, including amendments to the rules implementing the SEC’s whistleblower program, partnerships among U.S. federal agencies to prevent...more
9/30/2022
/ Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Human Resources Professionals ,
International Labor Laws ,
Joint Employers ,
Minimum Wage ,
NLRB ,
Securities and Exchange Commission (SEC) ,
Wage and Hour
This edition summarizes key employment law issues, including new clarifications of employers’ COBRA obligations and restrictions on noncompete agreements. We also discuss New York’s new conditions for background check...more
9/2/2021
/ COBRA ,
Criminal Background Checks ,
Department of Labor (DOL) ,
Employee Benefits ,
Employer Liability Issues ,
Form I-9 ,
Gig Economy ,
Hiring & Firing ,
International Labor Laws ,
Labor Regulations ,
Non-Compete Agreements ,
Over-Time ,
State Labor Laws ,
Wage and Hour
This edition of Employment Flash summarizes key employment law issues, including employers' COBRA obligations and increased minimum wage for federal contractors. We also discuss New York's newly enacted laws prohibiting...more
6/1/2021
/ COBRA ,
Coronavirus/COVID-19 ,
EEO-1 ,
Employee Benefits ,
Employer Liability Issues ,
Equal Pay ,
Form I-9 ,
Hiring & Firing ,
International Labor Laws ,
NLRB ,
OFCCP ,
Wage and Hour
This edition of Employment Flash summarizes key employment law issues, including the Department of Labor's proposal for determining independent contractor status, revised DOL regulations that clarify who qualifies for...more
10/16/2020
/ Administrative Procedure Act ,
Amended Rules ,
Arbitrary and Capricious ,
Bias ,
California ,
California Family Rights Act (CFRA) ,
Collective Redundancies Directive ,
Coronavirus/COVID-19 ,
Delivery Drivers ,
Department of Labor (DOL) ,
Earned Sick and Safe Time Act ,
Economic Realities Test ,
Electronic Protected Health Information (ePHI) ,
Employee Benefits ,
Employee Privacy Rights ,
Employee Training ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Federal Bans ,
Federal Contractors ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
France ,
Germany ,
Governor Newsom ,
Independent Contractors ,
International Labor Laws ,
Joint Employers ,
Local Ordinance ,
LPTA ,
Mayor de Blasio ,
Mileage Reimbursement ,
New Rules ,
New York ,
NLRB ,
Non-Compete Agreements ,
Occupational Exposure ,
OFCCP ,
Paid Sick Leave ,
Pay Data ,
Proposed Rules ,
Reasonable Accommodation ,
Reduction in Hours ,
Remote Working ,
Ridesharing ,
Safe Time ,
Sick Leave ,
State Labor Laws ,
Trump Administration ,
UK ,
Virus Testing ,
Workplace Safety
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
7/20/2020
/ Adverse Employment Action ,
Age Discrimination ,
Appeals ,
Ballots ,
Business Closures ,
CARES Act ,
Certification Requirements ,
City of Los Angeles ,
Civil Rights Act ,
Contact Tracing ,
Coronavirus/COVID-19 ,
Delivery Drivers ,
Department of Labor (DOL) ,
Emergency Orders ,
Employee Privacy Rights ,
Employee Retention ,
Employee Rights ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Foreign Workers ,
France ,
Hiring & Firing ,
Independent Contractors ,
International Labor Laws ,
LGBTQ ,
Local Ordinance ,
Misclassification ,
NLRB ,
Notice Requirements ,
Over-Time ,
Paid Family Leave Law ,
Posting Requirements ,
Re-Opening Guidelines ,
Rehiring Issues ,
Restrictive Covenants ,
Return-to-Work Agreements ,
Right of Recall ,
San Francisco ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender ,
UK ,
Unemployment Benefits ,
Unemployment Compensation System ,
Unlimited Benefits ,
Vacation Pay ,
Vicarious Liability
This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more
2/14/2020
/ Arbitral Deference ,
Arbitration ,
Confidentiality Policies ,
Criminal Convictions ,
Department of Labor (DOL) ,
Disability Discrimination ,
Drug Testing ,
Dynamex ,
Email Policies ,
Employee Rights ,
Employer Liability Issues ,
Equality Act ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Form I-9 ,
France ,
Gender-Based Pay Discrimination ,
H-1B ,
Harassment ,
Hiring & Firing ,
Independent Contractors ,
Injunctive Relief ,
Internal Investigations ,
International Labor Laws ,
Job Applicants ,
Joint Employers ,
Local Ordinance ,
Mandatory Arbitration Clauses ,
Marijuana ,
Medical Marijuana ,
Misclassification ,
NLRB ,
Pay Discrimination ,
Pay Equity Laws ,
Pay Rates ,
Recreational Use ,
Religious Beliefs ,
Severance Agreements ,
State and Local Government ,
State Labor Laws ,
Tip Credit ,
Title VII ,
UK ,
Union Elections ,
Veganism ,
White-Collar Exemptions ,
Workplace Investigations
This edition of Employment Flash looks at developments in labor and employment law, including a Supreme Court ruling that Title VII’s charge-filing requirement is nonjurisdictional and new state legislation in New York,...more
8/1/2019
/ ABC Test ,
Affirmative Defenses ,
Amended Complaints ,
Charge-Filing Preconditions ,
Civil Rights Act ,
De Minimis Claims ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
EU ,
Faragher/Ellerth defense ,
Federal Arbitration Act ,
Forfeiture ,
Fort Bend County Texas v Davis ,
France ,
Gender Discrimination ,
Gender Violence Acts ,
International Labor Laws ,
Jurisdictional Requirements ,
Mandatory Arbitration ,
Non-Compete Agreements ,
NYHRL ,
Off-The-Clock ,
Pay Gap ,
Recordkeeping Requirements ,
Sarbanes-Oxley ,
State Labor Laws ,
Title VII ,
Transparency ,
Wage and Hour ,
Whistleblowers ,
Work Schedules ,
Workplace Safety
This edition of Employment Flash looks at developments in labor and employment law, including with respect to restrictive covenants; new state anti-harassment laws; minimum wage increases; age bias claims; and the employee...more
1/31/2019
/ ADEA ,
Age Discrimination ,
Amended Rules ,
Anti-Harassment Policies ,
Appeals ,
Common Law Test ,
Employer Liability Issues ,
Employment Policies ,
Federal Labor Laws ,
France ,
Gender-Based Pay Discrimination ,
Germany ,
Independent Contractors ,
International Labor Laws ,
Job Applicants ,
Minimum Wage ,
Misclassification ,
NLRB ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Pay Gap ,
Protected Concerted Activity ,
Reporting Requirements ,
Restraint of Trade ,
Restrictive Covenants ,
Salary/Wage History ,
Sexual Harassment ,
State Labor Laws ,
Transparency ,
UK ,
Vicarious Liability ,
Workers' Compensation Claim
This edition of the Employment Flash looks at the new Department of Labor directive regarding contractor compensation practices; recent NLRB developments, including a draft rule regarding joint employment; the rise of...more
9/27/2018
/ Breastfeeding ,
CA Supreme Court ,
Class Action ,
Compensation ,
De Minimus Doctrine ,
Decertification ,
Department of Labor (DOL) ,
DLSE ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
FEHA ,
Immigration Procedures ,
Interactive Process ,
International Labor Laws ,
Joint Employers ,
Misclassification ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
NYCHRL ,
OFCCP ,
Off-The-Clock ,
Paid Sick Leave Act ,
Popular ,
Reasonable Accommodation ,
Securities Litigation ,
Sexual Harassment ,
State Labor Departments ,
State Labor Laws ,
Uber ,
Wage and Hour ,
Work Schedules
This edition examines recent labor and employment developments at the U.S. federal, state and local levels, including a Texas district court ruling invalidating the Department of Labor's overtime rule; a New York appellate...more
9/25/2017
/ Agency Deference ,
Appeals ,
Class Action Arbitration Waivers ,
Department of Labor (DOL) ,
EEO-1 ,
Fair Labor Standards Act (FLSA) ,
France ,
Gender Discrimination ,
Gig Economy ,
Harassment ,
Hiring & Firing ,
Independent Contractors ,
International Labor Laws ,
Joint Employers ,
Minimum Salary ,
NLRB ,
Over-Time ,
Pay Data ,
Preliminary Injunctions ,
Presidential Nominations ,
Restrictive Covenants ,
Senate Confirmation Hearings ,
Slurs ,
State Labor Laws ,
Tip Credit ,
UK ,
Wage and Hour ,
White-Collar Exemptions
This edition examines recent labor and employment developments at the U.S. federal, state and local levels, including the House of Representatives' American Health Care Act and the Senate's Better Care Reconciliation Act, the...more
6/29/2017
/ Administrative Interpretation ,
Affordable Care Act ,
Arbitration Agreements ,
CA Supreme Court ,
Comp Time ,
Conditional Certification ,
Criminal Convictions ,
Day of Rest Laws ,
Department of Labor (DOL) ,
Employer Mandates ,
Employment Discrimination ,
Equal Pay Act ,
Essential Health Benefits ,
Extraterritoriality Rules ,
Fair Labor Standards Act (FLSA) ,
Fair Workweek ,
Fast-Food Industry ,
Federal Arbitration Act ,
Federal v State Law Application ,
Food Service Workers ,
France ,
Germany ,
Health Insurance ,
Healthcare Reform ,
Hiring & Firing ,
International Labor Laws ,
Joint Employers ,
Kindred Nursing Centers v Clark ,
Misclassification ,
Parental Leave ,
Retail Workers ,
Salary/Wage History ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Sexual Stereotyping ,
Split of Authority ,
State Labor Laws ,
Title VII ,
Unpaid Overtime ,
Whistleblowers