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
On January 29, 2020, Skadden hosted the webinar “Key Trends in Executive Compensation, Employment Law and Compensation Committee Practices” presented by panelists Michael Bergmann, Executive Compensation and Benefits counsel;...more
2/11/2020
/ #MeToo ,
Compensation & Benefits ,
Contract Terms ,
Corporate Governance ,
Disclosure Requirements ,
Employment Litigation ,
Executive Compensation ,
Gender-Based Pay Discrimination ,
Glass Lewis ,
Institutional Shareholder Services (ISS) ,
Internal Revenue Code (IRC) ,
IRS ,
Merger Agreements ,
Pay Gap ,
Pay Ratio ,
Pay Transparency ,
Pre-Employment Agreements ,
Proxy Advisors ,
Publicly-Traded Companies ,
Regulatory Requirements ,
Section 162(m) ,
Securities and Exchange Commission (SEC) ,
Sexual Harassment ,
Tax Deductions
This edition of Employment Flash looks at recent NLRB activity, including its issuance of a decision suggesting two members would be willing to reconsider a precedent regarding surveillance of employees’ union activity. We...more
12/13/2019
/ Appeals ,
Arbitration ,
Arbitrators ,
Ballot Measures ,
Bipartisan Agreement ,
Burden of Proof ,
Dynamex ,
EEO-1 ,
Employee Monitoring ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
EU ,
Exemptions ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Governor Vetoes ,
H-1B ,
Independent Contractors ,
Joint and Several Liability ,
Judicial Review ,
Minimum Salary ,
Multiemployer Plan ,
NLRB ,
Non-Compete Agreements ,
NYHRL ,
OFCCP ,
Offer of Judgment ,
Pay Data ,
Private Equity Funds ,
Repeal ,
Rescission ,
Retaliation ,
Retroactive Application ,
Right to Picket ,
Sexual Harassment ,
State Labor Laws ,
Strict Liability ,
Sun Capital Partners ,
Title VII ,
Trump Administration ,
Union Organizers ,
Whistleblower Protection Policies ,
White-Collar Exemptions
This edition of Employment Flash looks at a series of recent NLRB decisions, many of which apply to all employers, not just those with unionized employees. We also discuss other U.S. federal and state labor and...more
9/26/2019
/ Anti-Discrimination Policies ,
Bonuses ,
CA Supreme Court ,
Choice-of-Law ,
Class Action ,
Competition ,
Contract Modification ,
Data Collection ,
Deadlines ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Domestic Violence ,
Dynamex ,
EEO-1 ,
Employee Training ,
Employer Liability Issues ,
Employment Contract ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Fair Workweek ,
Family and Medical Leave Act (FMLA) ,
Federal Contractors ,
Federal Labor Laws ,
Highly Compensated Employees ,
Independent Contractors ,
Local Ordinance ,
Mandatory Arbitration Clauses ,
Minimum Salary ,
Misclassification ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Non-Exempt Employees ,
Non-Union ,
NYCHRL ,
Opinion Letter ,
Over-Time ,
Private Attorneys General Act (PAGA) ,
Public Schools ,
Reporting Requirements ,
Sexual Abuse ,
Sexual Harassment ,
Social Media Policy ,
State Labor Laws ,
Unilateral Modification ,
Union Membership ,
Unpaid Wages ,
Wage and Hour ,
White-Collar Exemptions ,
Work Schedules
As of September 11, 2019, the California Senate and Assembly had both passed an employment bill (AB5) that, if signed by Gov. Gavin Newsom, would codify the recent extension of employment protections to workers previously...more
9/17/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Legislative Agendas ,
Misclassification ,
Pending Legislation ,
Popular ,
Regulatory Agenda ,
Retroactive Application ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
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 regarding a DOJ appeal of the EEOC's heightened pay reporting requirements, the NLRB's decision narrowing the circumstances under...more
5/29/2019
/ ABC Test ,
Appeals ,
Arbitration Agreements ,
Breastfeeding ,
Class Arbitration ,
Classification ,
Common Law Test ,
Consent ,
Department of Labor (DOL) ,
Disability Discrimination ,
Drivers ,
Drug Testing ,
Economic Realities Test ,
EEO-1 ,
Employee Commissions ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay Report ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Federal Contractors ,
Final Guidance ,
Gender-Based Pay Discrimination ,
Gig Economy ,
Hairstyle Discrimination ,
Independent Contractors ,
Job Applicants ,
Lamps Plus Inc v Varela ,
Memorandum of Guidance ,
National Origin Discrimination ,
NLRA ,
NLRB ,
No-Match Letters ,
NYCHRL ,
NYHRL ,
OMB ,
Over-Time ,
Race Discrimination ,
Retroactive Application ,
SCOTUS ,
Sexual Harassment ,
Social Security Administration (SSA) ,
Successor Bar Doctrine ,
Training Requirements ,
Uber ,
Union Dues ,
Unions
This edition of Employment Flash looks at developments in labor and employment law, including with respect to minimum salary thresholds for the DOL's new overtime rule, the EEOC's collection of compensation data for increased...more
3/25/2019
/ Anti-Harassment Policies ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
EEO-1 ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Federal Contractors ,
Gender Expression ,
Gender Identity ,
H-1B ,
Independent Contractors ,
Lobbying ,
Medical Leave ,
Minimum Salary ,
NLRB ,
Non-Disclosure Agreement ,
Non-Union ,
NYCHRL ,
OMB ,
On-Call Employees ,
Opinion Letter ,
Paid Family Leave Law ,
Paid Leave ,
Pay Transparency ,
Preemption ,
Reporting Requirements ,
Retail Workers ,
Settlement Agreements ,
State Labor Laws ,
Union Dues ,
USCIS ,
Wage and Hour ,
White-Collar Exemptions
On February 5, 2019, Skadden hosted the webinar “Key Trends in Executive Compensation, Employment Law and Compensation Committee Practices.” The panelists were David Schwartz, Skadden’s global head of Labor and Employment...more
2/15/2019
/ #MeToo ,
Audits ,
CD&A ,
CEOs ,
CFOs ,
Clawbacks ,
Compensation Committee ,
Covered Employees ,
Director Compensation ,
Disclosure Requirements ,
Dodd-Frank ,
Executive Compensation ,
Gender-Based Pay Discrimination ,
Glass Lewis ,
Hedging ,
Institutional Shareholder Services (ISS) ,
Internal Revenue Code (IRC) ,
Pay Equity Laws ,
Pay Ratio ,
Pay-for-Performance ,
Payment Terms ,
Proxy Season ,
Proxy Statements ,
Publicly-Traded Companies ,
Regulation S-K ,
Section 162(m) ,
Securities and Exchange Commission (SEC) ,
Shareholders ,
Tax Cuts and Jobs Act
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 of Employment Flash provides an overview of employment laws going into effect in July 2018 in certain jurisdictions, three recent employment-related U.S. Supreme Court decisions and the National Labor Relations...more
6/29/2018
/ ABC Test ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Article III ,
China Agritech Inc v Resh ,
Class Action ,
Class Action Arbitration Waivers ,
Denial of Certiorari ,
Epic Systems Corp v Lewis ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
New Legislation ,
NLRB ,
Pay Gap ,
Private Attorneys General Act (PAGA) ,
Sexual Harassment ,
Standing ,
State and Local Government ,
State Labor Laws ,
Tolling
This edition of Employment Flash looks at recent court decisions, including the U.S. Supreme Court's rulings on cases relating to the definition of a whistleblower and exemptions from the overtime pay provisions. This edition...more
5/2/2018
/ Anti-Retaliation Provisions ,
Car Dealerships ,
Classification ,
Confidentiality Agreements ,
Criminal Prosecution ,
Data Controller ,
Data Protection ,
Delivery Drivers ,
Department of Justice (DOJ) ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Employee Privacy Rights ,
Equal Pay Act ,
EU ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
Gender-Based Pay Discrimination ,
Governor Cuomo ,
Hiring & Firing ,
Human Resources Professionals ,
Independent Contractors ,
Internal Reporting ,
Joint Employers ,
Labor Law Violations ,
Navarro v Encino Motorcars ,
New Legislation ,
NLRA ,
NLRB ,
No-Poaching ,
Non-Disclosure Agreement ,
Non-Exempt Employees ,
Non-Solicitation Agreements ,
Over-Time ,
Payroll Audit Independent Determination program (PAID) ,
Payroll Taxes ,
Personally Identifiable Information ,
Salary/Wage History ,
Salespersons ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Service Advisors ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Split of Authority ,
State Labor Laws ,
Tax Cuts and Jobs Act ,
Tax Deductions ,
Technology Sector ,
Title VII ,
Voluntary Self-Audit ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers
The January 2018 edition of the Employment Flash looks at the Department of Labor's (DOL) new seven-factor internship test, a provision in the new tax law that seeks to reduce the use of nondisclosure agreements in sexual...more
1/31/2018
/ Breastfeeding ,
Denial of Certiorari ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Employment Discrimination ,
Fair Labor Standards Act (FLSA) ,
Forum Selection ,
Internships ,
NLRB ,
Non-Disclosure Agreement ,
NYCHRL ,
Opinion Letter ,
SCOTUS ,
Settlement ,
Sexual Harassment ,
Unpaid Interns ,
Venue
Recent NLRB Developments -
This December 2017 special edition of the Employment Flash summarizes recent decisions issued by the National Labor Relations Board (NLRB) on December 14 and 15, 2017. These decisions are...more
12/22/2017
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employment Policies ,
Joint Employers ,
Micro-Unions ,
NLRA ,
NLRB ,
Reversal ,
Section 7 ,
Specialty Healthcare ,
Trump Administration
Recently Passed US Federal, State and Local and International Employment Laws -
This November 2017 special edition of the Employment Flash summarizes certain noteworthy U.S. federal, state and local, as well as...more
12/2/2017
/ Breastfeeding ,
California Family Rights Act (CFRA) ,
Compensation & Benefits ,
Criminal Background Checks ,
Department of Labor (DOL) ,
Earned Sick Time ,
Employment Tribunals ,
Equal Pay ,
Federal Labor Laws ,
FEHA ,
Form I-9 ,
France ,
Germany ,
Local Ordinance ,
Minimum Salary ,
Over-Time ,
Paid Family Leave Law ,
Parental Leave ,
Sexual Harassment ,
State Labor Laws ,
UK ,
UK Employment Appeal Tribunal ,
Whistleblower Protection Policies ,
White-Collar Exemptions
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
Supreme Court Adopts Deferential Standard of Review for EEOC Cases -
On April 3, 2017, in McLane v. EEOC, 137 S.Ct. 30 (2016), the U.S. Supreme Court ruled that appellate courts should review lower court decisions to...more
5/1/2017
/ Congressional Review Act ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
Fraud and Abuse ,
H-1B ,
Local Ordinance ,
McLane Co. v EEOC ,
OSHA ,
Paid Family Leave Law ,
Salary/Wage History ,
SCOTUS ,
Sexual Orientation Discrimination ,
Split of Authority ,
Standard of Review ,
State Labor Laws ,
Subpoenas ,
Title VII ,
Trump Administration ,
USCIS ,
Work Visas ,
Workplace Illness and Injury Reporting
The city of Los Angeles recently passed an ordinance called the Los Angeles Fair Chance Initiative for Hiring (Ban the Box), which will impact employers located or doing business in Los Angeles who employ more than 10...more
This edition of the Employment Flash looks at a Texas court's grant of a preliminary injunction blocking implementation of a DOL rule that would have more than doubled the minimum salary requirements for the executive,...more
12/19/2016
/ Anti-Retaliation Provisions ,
Board of Directors ,
Collective Bargaining ,
Corporate Governance ,
Department of Labor (DOL) ,
Drug Testing ,
Duty of Fair Representation ,
France ,
Freelance Workers ,
Minimum Salary ,
OSHA ,
Over-Time ,
Preliminary Injunctions ,
Reporting Requirements ,
State and Local Government ,
UK ,
White-Collar Exemptions ,
Workplace Illness and Injury Reporting ,
Workplace Injury
Spotlight on Whistleblower Protections -
On October 24, 2016, the Securities and Exchange Commission (SEC) issued a “risk alert” regarding SEC registrants’ compliance with Rule 21 F-17, which implements Section 21F of...more
10/31/2016
/ Acquiescence ,
Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Defend Trade Secrets Act (DTSA) ,
Educational Institutions ,
Employee Restrooms ,
Employment Contract ,
Equal Employment Opportunity Commission (EEOC) ,
EU ,
Fair Pay Act ,
Federal Contractors ,
France ,
Freedom To Work Act ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
LGBTQ ,
Minimum Wage ,
NCAA ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Private Attorneys General Act (PAGA) ,
SEC Examination Priorities ,
Securities and Exchange Commission (SEC) ,
Sharing Economy ,
Sick Leave ,
Student Athletes ,
Transgender ,
Transportation Industry ,
Uber ,
UK ,
UK Brexit ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers
The August 2016 edition of Employment Flash covers a number of developments, including the U.S. Supreme Court's ruling on when the clock starts ticking on the filing period for constructive discharge claims; the Department of...more
8/19/2016
/ Ambush Election Rules ,
Attorney's Fees ,
Benefit Plan Sponsors ,
Constructive Discharge ,
Defend Trade Secrets Act (DTSA) ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Gender Discrimination ,
Green v Brennan ,
Minimum Wage ,
NLRB ,
OSHA ,
Over-Time ,
Paid Leave ,
Parental Leave ,
Pensions ,
Resignation ,
Rounding ,
SCOTUS ,
Sexual Orientation Discrimination ,
Statute of Limitations ,
Wellness Programs ,
White-Collar Exemptions ,
Workplace Injury
The February 2016 edition of the Employment Flash looks at the EEOC's proposal for collecting equal pay information, the DOL's recent interpretation of joint employment liability under the FLSA and MSPA, Lyft's settlement of...more
3/1/2016
/ Agricultural Workers ,
Arbitration Agreements ,
Background Checks ,
CA Supreme Court ,
Campbell Ewald v Gomez ,
Classification ,
Credit History ,
Criminal Background Checks ,
Department of Labor (DOL) ,
DirecTV v Imburgia ,
Drivers ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Independent Contractors ,
Iskanian v CLS Transportation ,
Joint Employers ,
Lyft ,
Migrant Workers ,
Mootness ,
OFCCP ,
Pay Equity Act (PEA) ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Settlement Offer ,
Wage and Hour
With employment discrimination charges at a 15-year high, employers are seeing a particular increase in claims brought by workers who are pregnant or caring for young children or aging parents. A 2010 report by the Center for...more