This edition of Employment Flash summarizes key employment law issues, including the Department of Labor's proposal for determining independent contractor status, revised DOL regulations that clarify who qualifies for...more
10/16/2020
/ Administrative Procedure Act ,
Amended Rules ,
Arbitrary and Capricious ,
Bias ,
California ,
California Family Rights Act (CFRA) ,
Collective Redundancies Directive ,
Coronavirus/COVID-19 ,
Delivery Drivers ,
Department of Labor (DOL) ,
Earned Sick and Safe Time Act ,
Economic Realities Test ,
Electronic Protected Health Information (ePHI) ,
Employee Benefits ,
Employee Privacy Rights ,
Employee Training ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Federal Bans ,
Federal Contractors ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
France ,
Germany ,
Governor Newsom ,
Independent Contractors ,
International Labor Laws ,
Joint Employers ,
Local Ordinance ,
LPTA ,
Mayor de Blasio ,
Mileage Reimbursement ,
New Rules ,
New York ,
NLRB ,
Non-Compete Agreements ,
Occupational Exposure ,
OFCCP ,
Paid Sick Leave ,
Pay Data ,
Proposed Rules ,
Reasonable Accommodation ,
Reduction in Hours ,
Remote Working ,
Ridesharing ,
Safe Time ,
Sick Leave ,
State Labor Laws ,
Trump Administration ,
UK ,
Virus Testing ,
Workplace Safety
This edition of Employment Flash summarizes key employment law issues related to COVID-19 as well as two seminal U.S. Supreme Court rulings that protect gay and transgender employees from discrimination, and clarify the...more
7/20/2020
/ Adverse Employment Action ,
Age Discrimination ,
Appeals ,
Ballots ,
Business Closures ,
CARES Act ,
Certification Requirements ,
City of Los Angeles ,
Civil Rights Act ,
Contact Tracing ,
Coronavirus/COVID-19 ,
Delivery Drivers ,
Department of Labor (DOL) ,
Emergency Orders ,
Employee Privacy Rights ,
Employee Retention ,
Employee Rights ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Foreign Workers ,
France ,
Hiring & Firing ,
Independent Contractors ,
International Labor Laws ,
LGBTQ ,
Local Ordinance ,
Misclassification ,
NLRB ,
Notice Requirements ,
Over-Time ,
Paid Family Leave Law ,
Posting Requirements ,
Re-Opening Guidelines ,
Rehiring Issues ,
Restrictive Covenants ,
Return-to-Work Agreements ,
Right of Recall ,
San Francisco ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender ,
UK ,
Unemployment Benefits ,
Unemployment Compensation System ,
Unlimited Benefits ,
Vacation Pay ,
Vicarious Liability
This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more
2/14/2020
/ Arbitral Deference ,
Arbitration ,
Confidentiality Policies ,
Criminal Convictions ,
Department of Labor (DOL) ,
Disability Discrimination ,
Drug Testing ,
Dynamex ,
Email Policies ,
Employee Rights ,
Employer Liability Issues ,
Equality Act ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Form I-9 ,
France ,
Gender-Based Pay Discrimination ,
H-1B ,
Harassment ,
Hiring & Firing ,
Independent Contractors ,
Injunctive Relief ,
Internal Investigations ,
International Labor Laws ,
Job Applicants ,
Joint Employers ,
Local Ordinance ,
Mandatory Arbitration Clauses ,
Marijuana ,
Medical Marijuana ,
Misclassification ,
NLRB ,
Pay Discrimination ,
Pay Equity Laws ,
Pay Rates ,
Recreational Use ,
Religious Beliefs ,
Severance Agreements ,
State and Local Government ,
State Labor Laws ,
Tip Credit ,
Title VII ,
UK ,
Union Elections ,
Veganism ,
White-Collar Exemptions ,
Workplace Investigations
This edition of Employment Flash looks at recent NLRB activity, including its issuance of a decision suggesting two members would be willing to reconsider a precedent regarding surveillance of employees’ union activity. We...more
12/13/2019
/ Appeals ,
Arbitration ,
Arbitrators ,
Ballot Measures ,
Bipartisan Agreement ,
Burden of Proof ,
Dynamex ,
EEO-1 ,
Employee Monitoring ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
EU ,
Exemptions ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Governor Vetoes ,
H-1B ,
Independent Contractors ,
Joint and Several Liability ,
Judicial Review ,
Minimum Salary ,
Multiemployer Plan ,
NLRB ,
Non-Compete Agreements ,
NYHRL ,
OFCCP ,
Offer of Judgment ,
Pay Data ,
Private Equity Funds ,
Repeal ,
Rescission ,
Retaliation ,
Retroactive Application ,
Right to Picket ,
Sexual Harassment ,
State Labor Laws ,
Strict Liability ,
Sun Capital Partners ,
Title VII ,
Trump Administration ,
Union Organizers ,
Whistleblower Protection Policies ,
White-Collar Exemptions
This edition of Employment Flash looks at a series of recent NLRB decisions, many of which apply to all employers, not just those with unionized employees. We also discuss other U.S. federal and state labor and...more
9/26/2019
/ Anti-Discrimination Policies ,
Bonuses ,
CA Supreme Court ,
Choice-of-Law ,
Class Action ,
Competition ,
Contract Modification ,
Data Collection ,
Deadlines ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Domestic Violence ,
Dynamex ,
EEO-1 ,
Employee Training ,
Employer Liability Issues ,
Employment Contract ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Fair Workweek ,
Family and Medical Leave Act (FMLA) ,
Federal Contractors ,
Federal Labor Laws ,
Highly Compensated Employees ,
Independent Contractors ,
Local Ordinance ,
Mandatory Arbitration Clauses ,
Minimum Salary ,
Misclassification ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Non-Exempt Employees ,
Non-Union ,
NYCHRL ,
Opinion Letter ,
Over-Time ,
Private Attorneys General Act (PAGA) ,
Public Schools ,
Reporting Requirements ,
Sexual Abuse ,
Sexual Harassment ,
Social Media Policy ,
State Labor Laws ,
Unilateral Modification ,
Union Membership ,
Unpaid Wages ,
Wage and Hour ,
White-Collar Exemptions ,
Work Schedules
This edition of Employment Flash looks at developments in labor and employment law, including regarding a DOJ appeal of the EEOC's heightened pay reporting requirements, the NLRB's decision narrowing the circumstances under...more
5/29/2019
/ ABC Test ,
Appeals ,
Arbitration Agreements ,
Breastfeeding ,
Class Arbitration ,
Classification ,
Common Law Test ,
Consent ,
Department of Labor (DOL) ,
Disability Discrimination ,
Drivers ,
Drug Testing ,
Economic Realities Test ,
EEO-1 ,
Employee Commissions ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay Report ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Federal Contractors ,
Final Guidance ,
Gender-Based Pay Discrimination ,
Gig Economy ,
Hairstyle Discrimination ,
Independent Contractors ,
Job Applicants ,
Lamps Plus Inc v Varela ,
Memorandum of Guidance ,
National Origin Discrimination ,
NLRA ,
NLRB ,
No-Match Letters ,
NYCHRL ,
NYHRL ,
OMB ,
Over-Time ,
Race Discrimination ,
Retroactive Application ,
SCOTUS ,
Sexual Harassment ,
Social Security Administration (SSA) ,
Successor Bar Doctrine ,
Training Requirements ,
Uber ,
Union Dues ,
Unions
This edition of Employment Flash looks at developments in labor and employment law, including with respect to minimum salary thresholds for the DOL's new overtime rule, the EEOC's collection of compensation data for increased...more
3/25/2019
/ Anti-Harassment Policies ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
EEO-1 ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Federal Contractors ,
Gender Expression ,
Gender Identity ,
H-1B ,
Independent Contractors ,
Lobbying ,
Medical Leave ,
Minimum Salary ,
NLRB ,
Non-Disclosure Agreement ,
Non-Union ,
NYCHRL ,
OMB ,
On-Call Employees ,
Opinion Letter ,
Paid Family Leave Law ,
Paid Leave ,
Pay Transparency ,
Preemption ,
Reporting Requirements ,
Retail Workers ,
Settlement Agreements ,
State Labor Laws ,
Union Dues ,
USCIS ,
Wage and Hour ,
White-Collar Exemptions
This edition of Employment Flash looks at developments in labor and employment law, including with respect to restrictive covenants; new state anti-harassment laws; minimum wage increases; age bias claims; and the employee...more
1/31/2019
/ ADEA ,
Age Discrimination ,
Amended Rules ,
Anti-Harassment Policies ,
Appeals ,
Common Law Test ,
Employer Liability Issues ,
Employment Policies ,
Federal Labor Laws ,
France ,
Gender-Based Pay Discrimination ,
Germany ,
Independent Contractors ,
International Labor Laws ,
Job Applicants ,
Minimum Wage ,
Misclassification ,
NLRB ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Pay Gap ,
Protected Concerted Activity ,
Reporting Requirements ,
Restraint of Trade ,
Restrictive Covenants ,
Salary/Wage History ,
Sexual Harassment ,
State Labor Laws ,
Transparency ,
UK ,
Vicarious Liability ,
Workers' Compensation Claim
On September 20, 2018, Skadden hosted the webinar “Equal Pay Audit: Current State of the Law.” The panelists were Karen Corman, Skadden labor and employment partner; Robin Quittell, managing director, chief human resources...more
10/4/2018
/ #MeToo ,
Audits ,
Best Practices ,
Defense Strategies ,
Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Federal Contractors ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Lilly Ledbetter ,
NLRA ,
NLRB ,
Pay Equity Laws ,
Pay Transparency ,
Remedies ,
Salary/Wage History ,
State Labor Laws ,
Title VII
This edition of the Employment Flash looks at the new Department of Labor directive regarding contractor compensation practices; recent NLRB developments, including a draft rule regarding joint employment; the rise of...more
9/27/2018
/ Breastfeeding ,
CA Supreme Court ,
Class Action ,
Compensation ,
De Minimus Doctrine ,
Decertification ,
Department of Labor (DOL) ,
DLSE ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
FEHA ,
Immigration Procedures ,
Interactive Process ,
International Labor Laws ,
Joint Employers ,
Misclassification ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
NYCHRL ,
OFCCP ,
Off-The-Clock ,
Paid Sick Leave Act ,
Popular ,
Reasonable Accommodation ,
Securities Litigation ,
Sexual Harassment ,
State Labor Departments ,
State Labor Laws ,
Uber ,
Wage and Hour ,
Work Schedules
This edition of Employment Flash provides an overview of employment laws going into effect in July 2018 in certain jurisdictions, three recent employment-related U.S. Supreme Court decisions and the National Labor Relations...more
6/29/2018
/ ABC Test ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Article III ,
China Agritech Inc v Resh ,
Class Action ,
Class Action Arbitration Waivers ,
Denial of Certiorari ,
Epic Systems Corp v Lewis ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
New Legislation ,
NLRB ,
Pay Gap ,
Private Attorneys General Act (PAGA) ,
Sexual Harassment ,
Standing ,
State and Local Government ,
State Labor Laws ,
Tolling
This edition of Employment Flash looks at recent court decisions, including the U.S. Supreme Court's rulings on cases relating to the definition of a whistleblower and exemptions from the overtime pay provisions. This edition...more
5/2/2018
/ Anti-Retaliation Provisions ,
Car Dealerships ,
Classification ,
Confidentiality Agreements ,
Criminal Prosecution ,
Data Controller ,
Data Protection ,
Delivery Drivers ,
Department of Justice (DOJ) ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Employee Privacy Rights ,
Equal Pay Act ,
EU ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
Gender-Based Pay Discrimination ,
Governor Cuomo ,
Hiring & Firing ,
Human Resources Professionals ,
Independent Contractors ,
Internal Reporting ,
Joint Employers ,
Labor Law Violations ,
Navarro v Encino Motorcars ,
New Legislation ,
NLRA ,
NLRB ,
No-Poaching ,
Non-Disclosure Agreement ,
Non-Exempt Employees ,
Non-Solicitation Agreements ,
Over-Time ,
Payroll Audit Independent Determination program (PAID) ,
Payroll Taxes ,
Personally Identifiable Information ,
Salary/Wage History ,
Salespersons ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Service Advisors ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Split of Authority ,
State Labor Laws ,
Tax Cuts and Jobs Act ,
Tax Deductions ,
Technology Sector ,
Title VII ,
Voluntary Self-Audit ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers
On February 13, 2018, Skadden hosted a webinar titled “ SEC Reporting & Compliance and Corporate Governance Series: Key Trends in Executive Compensation, Employment Law and Compensation Committee Practices.” Executive...more
3/9/2018
/ #MeToo ,
Board of Directors ,
Business Judgment Rule ,
Compliance ,
Corporate Governance ,
Covered Employees ,
DE Supreme Court ,
Delaware General Corporation Law ,
Department of Labor (DOL) ,
Dodd-Frank ,
EEO-1 ,
Entire Fairness Standard ,
Executive Compensation ,
Fair Labor Standards Act (FLSA) ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
Gig Economy ,
H-1B ,
Independent Contractors ,
Institutional Shareholder Services (ISS) ,
Internal Revenue Code (IRC) ,
Joint Employers ,
Local Ordinance ,
Minimum Salary ,
Misclassification ,
NLRB ,
OSHA ,
Over-Time ,
Pay Ratio ,
Pay-for-Performance ,
Popular ,
Ratification ,
Salary/Wage History ,
Section 162(m) ,
Securities and Exchange Commission (SEC) ,
Sexual Harassment ,
State Labor Laws ,
Stockholder Agreements ,
Tax Cuts and Jobs Act ,
Trump Administration ,
USCIS ,
Volks Rule
The January 2018 edition of the Employment Flash looks at the Department of Labor's (DOL) new seven-factor internship test, a provision in the new tax law that seeks to reduce the use of nondisclosure agreements in sexual...more
1/31/2018
/ Breastfeeding ,
Denial of Certiorari ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Employment Discrimination ,
Fair Labor Standards Act (FLSA) ,
Forum Selection ,
Internships ,
NLRB ,
Non-Disclosure Agreement ,
NYCHRL ,
Opinion Letter ,
SCOTUS ,
Settlement ,
Sexual Harassment ,
Unpaid Interns ,
Venue
Recent NLRB Developments -
This December 2017 special edition of the Employment Flash summarizes recent decisions issued by the National Labor Relations Board (NLRB) on December 14 and 15, 2017. These decisions are...more
12/22/2017
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employment Policies ,
Joint Employers ,
Micro-Unions ,
NLRA ,
NLRB ,
Reversal ,
Section 7 ,
Specialty Healthcare ,
Trump Administration
This edition examines recent labor and employment developments at the U.S. federal, state and local levels, including a Texas district court ruling invalidating the Department of Labor's overtime rule; a New York appellate...more
9/25/2017
/ Agency Deference ,
Appeals ,
Class Action Arbitration Waivers ,
Department of Labor (DOL) ,
EEO-1 ,
Fair Labor Standards Act (FLSA) ,
France ,
Gender Discrimination ,
Gig Economy ,
Harassment ,
Hiring & Firing ,
Independent Contractors ,
International Labor Laws ,
Joint Employers ,
Minimum Salary ,
NLRB ,
Over-Time ,
Pay Data ,
Preliminary Injunctions ,
Presidential Nominations ,
Restrictive Covenants ,
Senate Confirmation Hearings ,
Slurs ,
State Labor Laws ,
Tip Credit ,
UK ,
Wage and Hour ,
White-Collar Exemptions
Editor’s note: This article was updated on February 1, 2017, to reflect new developments.
While President Donald Trump has not discussed in detail how he plans to address labor and employment issues, he likely will...more
2/6/2017
/ Affirmative Action ,
Barack Obama ,
Congressional Review Act ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Joint Employers ,
Labor Policies ,
LGBTQ ,
NLRB ,
OSHA ,
Over-Time ,
Preliminary Injunctions ,
Presidential Nominations ,
Regulatory Freeze ,
Secretary of Labor ,
State and Local Government ,
Title IV ,
Trump Administration ,
Wage and Hour ,
Whistleblower Protection Policies ,
White-Collar Exemptions
Spotlight on Whistleblower Protections -
On October 24, 2016, the Securities and Exchange Commission (SEC) issued a “risk alert” regarding SEC registrants’ compliance with Rule 21 F-17, which implements Section 21F of...more
10/31/2016
/ Acquiescence ,
Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Defend Trade Secrets Act (DTSA) ,
Educational Institutions ,
Employee Restrooms ,
Employment Contract ,
Equal Employment Opportunity Commission (EEOC) ,
EU ,
Fair Pay Act ,
Federal Contractors ,
France ,
Freedom To Work Act ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
LGBTQ ,
Minimum Wage ,
NCAA ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Private Attorneys General Act (PAGA) ,
SEC Examination Priorities ,
Securities and Exchange Commission (SEC) ,
Sharing Economy ,
Sick Leave ,
Student Athletes ,
Transgender ,
Transportation Industry ,
Uber ,
UK ,
UK Brexit ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers
The August 2016 edition of Employment Flash covers a number of developments, including the U.S. Supreme Court's ruling on when the clock starts ticking on the filing period for constructive discharge claims; the Department of...more
8/19/2016
/ Ambush Election Rules ,
Attorney's Fees ,
Benefit Plan Sponsors ,
Constructive Discharge ,
Defend Trade Secrets Act (DTSA) ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Gender Discrimination ,
Green v Brennan ,
Minimum Wage ,
NLRB ,
OSHA ,
Over-Time ,
Paid Leave ,
Parental Leave ,
Pensions ,
Resignation ,
Rounding ,
SCOTUS ,
Sexual Orientation Discrimination ,
Statute of Limitations ,
Wellness Programs ,
White-Collar Exemptions ,
Workplace Injury
Class action waivers in arbitration agreements continue to occupy the attention of the National Labor Relations Board (NLRB), and uncertainty in this area of law raises ongoing concerns for employers. In D.R. Horton, Inc.,...more
A recent trend in labor and employment law is the increase in entities found responsible as employers and the simultaneous expansion of the definition of employees. This is manifesting itself through a new test for joint...more
SEC Adopts CEO Pay Ratio Rule -
The U.S. Securities and Exchange Commission (SEC) recently adopted a final rule requiring public companies to disclose the ratio of annual pay of their chief executive to median annual pay...more
11/2/2015
/ Adverse Action ,
Arbitration ,
Class Action ,
Class Certification ,
Collective Bargaining ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Expert Fees ,
Expert Witness ,
Fair Labor Standards Act (FLSA) ,
Fair Pay Act ,
Grocery Store Workers ,
Grocery Stores ,
Hiring & Firing ,
Joint Employers ,
NCAA ,
NLRB ,
Pay Ratio ,
Pension Deficiencies ,
Retaliation ,
Securities and Exchange Commission (SEC) ,
Student Athletes ,
Successor Liability ,
Tenure ,
Title VII ,
Union Dues ,
Women's Equality Act
The July 2015 edition of Employment Flash covers a number of developments, including: the U.S. Supreme Court's ruling that job applicants need only show that a religious accommodation was a factor in denying employment to...more
7/17/2015
/ Administrative Hearings ,
Barack Obama ,
Class Action ,
Confidentiality Agreements ,
Credit Checks ,
Department of Labor (DOL) ,
Diversity ,
EEOC v Abercrombie ,
Employee Privacy Rights ,
Employee Restrooms ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
FEHA ,
Hiring & Firing ,
Horizontal No-Hire Agreements ,
Independent Contractors ,
Internships ,
Misclassification ,
NLRB ,
Non-Compete Agreements ,
Online Privacy Protection Act ,
OSHA ,
Over-Time ,
Presidential Veto ,
Public Policy ,
Quickie Election Rules ,
Race Discrimination ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Transgender ,
Unemployment Discrimination ,
Unpaid Interns ,
Veterans ,
Wellness Programs
In This Issue:
- Supreme Court Rejects Sixth Circuit Yard-Man Vested Benefits Presumption
- Supreme Court Revives Pregnancy Discrimination Light Duty Case
- NY Wage Theft Protection Act Amended
- Senate...more
4/2/2015
/ Class Certification ,
Confidentiality Agreements ,
Department of Labor (DOL) ,
E-Verify ,
Employee Benefits ,
Exempt-Employees ,
Family and Medical Leave Act (FMLA) ,
H-1B ,
Home Health Care ,
Minimum Wage ,
NLRA ,
NLRB ,
OFCCP ,
Paid Leave ,
Pregnancy Discrimination ,
Quickie Election Rules ,
Same-Sex Marriage ,
SCOTUS ,
Sex Discrimination ,
Tipped Employees ,
Vesting ,
Wage Theft Prevention Act ,
Yard Man
As businesses are increasingly using labor contractors and staffing agencies to supply workers, the National Labor Relations Board (NLRB) and the Equal Employment Opportunity Commission (EEOC) are seeking to expand the...more