In yet another blow to Obama-era Department of Labor (DOL) precedent, the DOL recently eliminated its six-part test for determining whether interns can be deemed employees for purposes of the Fair Labor Standards Act (FLSA),...more
1/10/2018
/ Class Action ,
Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Fox Searchlight Pictures ,
Hiring & Firing ,
Internships ,
Misclassification ,
Primary Beneficiary Test ,
Unpaid Interns ,
Wage and Hour
Employers who have employees authorized to work under the Deferred Action for Childhood Arrivals (DACA) program should start prepping for change in the next six months. Attorney General Jeff Sessions on September 5, 2017,...more
9/14/2017
/ DACA ,
Department of Homeland Security (DHS) ,
Deportation ,
Employment Authorization Documents (EAD) ,
Executive Orders ,
Form I-9 ,
Hiring & Firing ,
Immigration Procedures ,
Immigration Reform ,
Parole Employment Authorization ,
Trump Administration ,
USCIS
The Massachusetts Supreme Judicial Court (SJC) recently held in Barbuto v. Advantage Sales & Marketing, LLC that employees have a viable claim for disability discrimination under state law if they suffer an adverse employment...more
7/24/2017
/ Adverse Employment Action ,
Decriminalization of Marijuana ,
Disability ,
Discrimination ,
Drug Testing ,
Employment Policies ,
Hiring & Firing ,
Marijuana ,
Medical Marijuana ,
Off-Duty Employees ,
Reasonable Accommodation
When Donald Trump won the presidential election in November, management-side labor and employment lawyers everywhere scrambled to figure out what the changing administration would mean for our nation's employers and our...more
1/23/2017
/ Affordable Care Act ,
Department of Labor (DOL) ,
EEO-1 ,
Employee Benefits ,
Employer Mandates ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
Health Insurance ,
Healthcare ,
Healthcare Reform ,
Joint Employers ,
LGBTQ ,
Minimum Salary ,
NLRB ,
Over-Time ,
Section 7 ,
Transgender ,
White-Collar Exemptions
Signaling a new era in employee pay equity, "The Act to Establish Pay Equity" will require Massachusetts employers to make sweeping changes in their pay and hiring practices. Among the most significant changes, the Act bars...more
The Consumer Financial Protection Bureau’s (CFPB) announcement that it has entered into a consent order with two affiliated companies that generate and provide employment background screening reports serves as a reminder to...more
In a pair of closely watched decisions, the Second Circuit Court of Appeals overturned a federal trial court decision that granted class and conditional collective action certification to claims brought by a former unpaid...more
The New Jersey Supreme Court recently decided two key issues affecting claims of supervisory hostile work environment sexual harassment under the New Jersey Law Against Discrimination (“NJLAD”). In Aguas v. State of New...more
In two separate decisions, the National Labor Relations Board (NLRB) has extended to the retail industry the standard for recognizing what is an “appropriate” bargaining unit that it established in Specialty Healthcare and...more
In a decision with possibly far-reaching consequences, the U.S. Court of Appeals for the Sixth Circuit recently held that an employer may be required to grant a telecommuting request as a reasonable accommodation under the...more
Recently, the Appellate Division of the New Jersey Superior Court upheld a criminal indictment against a former employee of the North Bergen Board of Education (the Board), which stemmed from the alleged theft of public...more