We’ve all known this day was coming—it was just a matter of time. From the moment the Biden Department of Labor (“DOL”) announced that the Trump DOL’s 2020 increase to the Fair Labor Standards Act salary threshold for the...more
Just yesterday, the National Labor Relations Board (“NLRB”) issued a decision (Stericycle Inc.), which overrules its own 2017 Boeing Co. decision and establishes a new standard for evaluating employer handbook policies and...more
Snapshot Summary -
Yes, the National Labor Relations Board (“NLRB”) General Counsel (“GC”) says virtually all non-compete agreements are illegal. However, although this is the GC’s strong personal view, she does not...more
On July 21, the Pennsylvania Supreme Court issued a game-changing decision in Heimbach v. Amazon.com Inc. when it determined that:
Time a nonexempt employee spends waiting to undergo, and undergoing, mandatory security...more
Yesterday, the United States Supreme Court issued a long-awaited, watershed decision confirming that Title VII of the Civil Rights Act of 1964 does protect against discrimination in employment based on gender identity and...more
6/16/2020
/ 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
On March 14, 2020, the U.S. House of Representatives passed legislation in response to the increasing disruption that coronavirus (“COVID-19”) is having on businesses and daily life. The Emergency Families First Coronavirus...more
Yesterday, the U.S. Department of Labor (“DOL”) completed the wage and hour trifecta, issuing the third of its critically acclaimed proposed rules—this one redefines (or clarifies, if you prefer) the regulations addressing...more
Here we go again, Pennsylvania employers, but this time on the local front, rather than nationally. Following up on Governor Wolf’s announcement in January that Pennsylvania needed to “modernize” its outdated wage and hour...more
Spoiler alert! Yesterday, the U.S. District Court for the Eastern District of Pennsylvania handed Uber what the Court described as Uber’s first win on its independent contractor classification for one class of its drivers:...more
The U.S. Department of Labor (“DOL”) has been trumpeting its “new” focus—with the incoming Trump administration—on “educating” employers to improve compliance. The latest effort by the DOL involves newly created, short...more
No one questions the incredibly complex and nuanced web of wage and hour regulations that the U.S. Department of Labor (“DOL”) has laid down over the last 80 or so years as guidance under the Fair Labor Standards Act...more
After swearing in the new general counsel, Peter Robb, last month, and given the full complement of members, the National Labor Relations Board has kick-started its efforts to right the wrongs of the Obama Board and make life...more
“This” isn’t just about Harvey Weinstein, Roy Jones, Kevin Spacey, Al Franken, Matt Lauer, or others in the news. “This” isn’t just about politicians, Hollywood, and the media.
“This” is a real problem in workplaces across...more
Action Item: On May 4, 2017, New York City Mayor Bill DiBlasio signed Int. No. 1253-A, a bill making it unlawful as part of the hiring process for an employer to ask about or rely on a prospective employee’s prior salary...more
Action Item: The City of Philadelphia has agreed to a court order postponing the effective date of a law that would prohibit employers from inquiring into a job candidate’s salary or benefit history during the application...more
Action Item: In a landmark decision yesterday, the United States Court of Appeals for the Seventh Circuit became the first federal circuit court in the nation to hold that discrimination based on sexual orientation is...more
Action Item: In a recent decision from the Ninth Circuit, which may have broad implications across the country, the Court held that an employer’s inclusion of a liability waiver as part of the Fair Credit Reporting...more
Action Item: As the public comment period closed on the U.S. Department of Labor’s proposed revisions to the “white collar” exemptions under the Fair Labor Standards Act (“FLSA”), the Wage & Hour Defense Institute (“WHDI”),...more