Thus far, 2024 has been a whirlwind of new employment rules, statutes, guidance, and decisions for employers to grapple with and account for in their businesses. Among these decisions are a handful of rulings from the Supreme...more
Given the current economic climate, employers may find themselves in the unfortunate position of needing to conduct a reduction in force or layoff in 2023. Before doing so, employers must consider and evaluate the impact of...more
In recent years, forty-seven states have revised their regulatory schemes regarding marijuana, whether to permit its use for limited medical reasons or to decriminalize it altogether. Nevertheless, despite this dramatic shift...more
On September 29, the top attorney for the National Labor Relations Board (“NLRB”) issued a memorandum opining that certain collegiate athletes at private institutions should be considered employees under the National Labor...more
The Computer Fraud and Abuse Act (CFAA) creates liability for anyone who “intentionally accesses a computer without authorization or exceeds authorized access.” The CFAA defines “exceeds authorized access” to mean “to access...more
Record-breaking summer temperatures in Oregon and Washington have led state agencies to pass emergency regulations to protect workers from the dangers of high and extreme heat. The Oregon Occupational Safety Administration...more
In cases involving allegations of trade secret misappropriation, litigants and courts necessarily face an important dilemma: how to protect the confidential nature of the trade secrets in a court system intended to be open...more
As a wave of marijuana legalization continues to sweep the country, employers (especially those with multi-state operations) must grapple with its impact on their operations and workforce....more
On January 12, 2021, the United States Court of Appeals for the Fifth Circuit issued its opinion in the case of Swales v. KLLM Transport Services, L.L.C., drastically changing the landscape of wage and hour litigation there...more
Updated on December 31, 2020
On March 28, we published a QuickStudy outlining the relevant unemployment provisions in the Coronavirus Aid, Relief, and Economic Security Act, or the “CARES Act”, signed into law by President...more
The Supreme Court’s 2018 decision in Epic Systems Corporation v. Lewis, 138 S. Ct. 1612 (2018), validated the use of class action waivers, providing employers with a valuable tool to preserve bilateral employment arbitrations...more
As government officials debate the timeline and criteria for reopening the country, employers are beginning to consider a return to some version of normalcy. After weeks of sheltering in place and teleworking, the prospect of...more
The Department of Labor (DOL) and courts across the country were busy in the first half of 2020 providing guidance and opinions addressing the Fair Labor Standards Act (FLSA). Here are some of the highlights...more
Updated July 31, 2020
As government officials debate the timeline and criteria for reopening the country, employers are beginning to consider a return to some version of normalcy. After weeks of sheltering in place and...more
On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act or the “CARES Act”, into law. The CARES Act will provide significant financial relief to individuals and small businesses,...more
For the first time in over 60 years, the United States Department of Labor (DOL) significantly updated the standards it relies upon to determine joint-employer status under the Fair Labor Standards Act (FLSA). The new rule,...more
2019 saw courts issue several significant decisions that have implications for employers nationwide who rely on arbitration agreements with their workforce.
The nation’s highest court decided a trio of cases in the first...more
On March 7, 2019, the U.S. Department of Labor (the DOL) issued a proposal to increase the salary threshold for employees to be classified as exempt from the overtime pay requirements of the federal Fair Labor Standards Act...more