On January 5, 2023, the Federal Trade Commission (FTC) published a new proposed rule that would ban employers’ use of covenants not to compete. The rule comes in the wake of an Executive Order issued by the Biden...more
In light of the many dynamic public policy considerations in this area of the law, this brief summary of New York law may be helpful for employers trying to navigate covenants not to compete both in hiring and terminating....more
Roadmap for Federal Contractor Vaccine Mandates -
This article provides an overview of the Biden Administration’s Executive Orders (EO 14042 and EO 14043), which contain vaccine mandates for federal contractors and...more
With several vaccines on the market and many states rolling out mass-vaccination plans, employers are beginning to ask: Can my company require employees to have the COVID-19 vaccine? In short, the answer is “yes,” with...more
The Wage and Hour Division of the Department of Labor (DOL) has issued an opinion letter addressing compensable time spent commuting between the office and home. The opinion letter comes at a time when employers are beginning...more
New EEOC Conciliation Process Promotes Even Playing Field for Employers -
The U.S. Equal Employment Opportunity Commission (EEOC) has published a new proposed rule that would update the Commission’s conciliation process...more
"Joint Employer" Status in the Wage and Hour Context -
A New York federal court has struck down a Final Rule from the U.S. Department of Labor (DOL) that set out a four-factor test to determine “joint employer” status,...more
9/25/2020
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Joint Employers ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
Rulemaking Process ,
Wage and Hour
The Department of Labor’s Wage and Hour Division recently released a Field Assistance Bulletin (FAB) addressing employers’ obligations to calculate and pay their employees working remotely. This FAB speaks directly to...more
Gay and Trans Rights under Title VII -
On June 15, 2020, the U.S. Supreme Court issued its opinion in Bostock v. Clayton County, holding an employer that fires an individual merely for being gay or transgender violates...more
6/29/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Changes and Guidance in the National Employment Sphere -
As the number of confirmed COVID-19 cases continues to increase, national employers across the country are moving to remote-work models or suspending work...more
3/30/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Layoffs ,
OSHA ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Telecommuting ,
Title VII ,
Trump Administration ,
Wage and Hour ,
WARN Act
Under the wage orders issued by California’s Industrial Welfare Commission (IWC), “[a]ll working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.” Although...more
11/20/2019
/ CA Supreme Court ,
CVS ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
IWC ,
Labor Law Violations ,
Labor Regulations ,
Safeway Inc ,
Seating ,
Settlement ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Wage Orders ,
Working Conditions