On April 23, 2024, the Department of Labor (DOL) announced the final version of a rule that will significantly increase the annual salary threshold required to classify employees as exempt under the Fair Labor Standards Act...more
4/26/2024
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
The European Union recently passed a sweeping law regulating corporations and business leaders with respect to artificial intelligence (AI). The first legislation of its kind, the EU Artificial Intelligence Act seeks to...more
Generative artificial intelligence (“GAI”) has the potential to revolutionize efficiency and productivity in our day-to-day working lives. But while this technology is becoming more sophisticated by the day, companies should...more
In October 2023, California’s Governor signed Assembly Bill (AB) 1076 making it unlawful to impose non-compete clauses on employees. The non-compete statute now makes clear that, when California law applies, almost all...more
On October 30, 2023, President Biden issued an Executive Order, along with a summary Fact Sheet concerning the safe, secure, and trustworthy use of artificial intelligence (“AI”). The Order mandates various federal agencies...more
Up until now, employers have been able to use artificial intelligence (AI)-powered hiring and promotional tools without worry about compliance with AI-specific laws. On July 5, 2023, that changed. New York City passed Local...more
Technological advances have provided employers with a variety of algorithmic decision-making tools that may assist them in making employment decisions, including recruitment, hiring, retention, promotion, transfer,...more
5/25/2023
/ Algorithms ,
Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Disability Discrimination ,
Disparate Impact ,
Employer Liability Issues ,
Employment Discrimination ,
Enforcement Priorities ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
New Guidance ,
Title VII
On January 5, 2023, the Federal Trade Commission ("FTC") issued a notice of proposed rulemaking that would render all non-compete agreements, other than those entered into in connection with the sale of a business,...more
1/6/2023
/ Employment Contract ,
Executive Orders ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
NPRM ,
Proposed Rules ,
Public Comment ,
Restrictive Covenants ,
Section 5 ,
Unfair Competition
On October 25, 2021, the EEOC updated its Technical Guidance What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and other EEO Laws to provide more direction to employers regarding religious objections to...more
10/28/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Equal Employment Opportunity Commission (EEOC) ,
New Guidance ,
Reasonable Accommodation ,
Rehabilitation Act ,
Religious Accommodation ,
Title VII ,
Undue Hardship ,
Vaccinations ,
Workplace Safety
What is a COVID-19 vaccine passport?
A COVID-19 vaccine passport is a document that serves as proof that an individual has been fully vaccinated against COVID-19. Vaccine passports can be used to regulate international...more
On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its technical assistance guidance, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws, concerning...more
6/2/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Disability ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Guidance Update ,
Incentives ,
Pregnancy ,
Reasonable Accommodation ,
Rehabilitation Act ,
Religious Accommodation ,
Vaccinations
On December 30, 2020, the United States Department of Labor published a long-anticipated Final Rule on tip pooling and payment for side tasks by tipped employees when the tasks do not lead to tips. The Final Rule takes effect...more
With federal and state governments’ contemplation of plans to reopen the economy, employers should begin considering necessary and recommended steps to bring employees back to the workplace, and legal issues raised by doing...more
A majority of the U.S. Supreme Court held that the Federal Arbitration Act ("FAA") bars class arbitration actions when the agreement is ambiguous about the availability of such arbitration. The opinion strengthens protections...more
4/29/2019
/ Ambiguous ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Class Arbitration ,
Consent ,
Federal Arbitration Act ,
Federal v State Law Application ,
Jurisdiction ,
Lamps Plus Inc v Varela ,
Motion to Compel ,
Preemption ,
Reversal ,
SCOTUS ,
Stolt-Nielsen
The Fair Labor Standards Act (FLSA) does not bar agreements stating that individual arbitration is the "only forum" for employment claims, the Sixth Circuit recently held. In Gaffers v. Kelly Services, an employee alleged...more
The U.S. Supreme Court has reversed a U.S. 6th Circuit Court of Appeals decision holding that that former employees of CNH Industrial N.V. were entitled to lifetime, vested healthcare benefits. The opinion, issued yesterday,...more
2/23/2018
/ CNH Industrial N.V. v Reese ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Contract Interpretation ,
Contract Terms ,
Corporate Counsel ,
Employee Benefits ,
Extrinsic Evidence ,
Lifetime Health Benefits ,
Reservation of Rights ,
Retirement ,
Reversal ,
SCOTUS ,
Split of Authority ,
Summary Plan Description ,
Vesting
In a ruling that follows the Supreme Court’s repudiation in M&G Polymers USA v. Tackett of the retiree-friendly inferences set forth in UAW v. Yard-Man, the United States Court of Appeals for the Sixth Circuit ruled in Gallo...more
An unaccepted settlement offer or offer of judgment does not moot a plaintiff's case, the U.S. Supreme Court ruled this week in Campbell-Ewald Co. v. Gomez. In the case, Jose Gomez filed a nationwide class-action on behalf of...more
The U.S. Supreme Court ruled that the Sixth Circuit’s reliance on retiree-friendly inferences set forth in UAW v. Yard-Man are incompatible with ordinary principles of contract interpretation and should not be used when...more
The Federal Arbitration Act (“FAA”) does not permit courts to invalidate a contractual waiver of class arbitration where the costs of pursuing an individual federal statutory claim in arbitration would exceed the potential...more