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
This edition examines recent labor and employment developments at the U.S. federal, state and local levels, including the House of Representatives' American Health Care Act and the Senate's Better Care Reconciliation Act, the...more
6/29/2017
/ Administrative Interpretation ,
Affordable Care Act ,
Arbitration Agreements ,
CA Supreme Court ,
Comp Time ,
Conditional Certification ,
Criminal Convictions ,
Day of Rest Laws ,
Department of Labor (DOL) ,
Employer Mandates ,
Employment Discrimination ,
Equal Pay Act ,
Essential Health Benefits ,
Extraterritoriality Rules ,
Fair Labor Standards Act (FLSA) ,
Fair Workweek ,
Fast-Food Industry ,
Federal Arbitration Act ,
Federal v State Law Application ,
Food Service Workers ,
France ,
Germany ,
Health Insurance ,
Healthcare Reform ,
Hiring & Firing ,
International Labor Laws ,
Joint Employers ,
Kindred Nursing Centers v Clark ,
Misclassification ,
Parental Leave ,
Retail Workers ,
Salary/Wage History ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Sexual Stereotyping ,
Split of Authority ,
State Labor Laws ,
Title VII ,
Unpaid Overtime ,
Whistleblowers
Supreme Court Adopts Deferential Standard of Review for EEOC Cases -
On April 3, 2017, in McLane v. EEOC, 137 S.Ct. 30 (2016), the U.S. Supreme Court ruled that appellate courts should review lower court decisions to...more
5/1/2017
/ Congressional Review Act ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
Fraud and Abuse ,
H-1B ,
Local Ordinance ,
McLane Co. v EEOC ,
OSHA ,
Paid Family Leave Law ,
Salary/Wage History ,
SCOTUS ,
Sexual Orientation Discrimination ,
Split of Authority ,
Standard of Review ,
State Labor Laws ,
Subpoenas ,
Title VII ,
Trump Administration ,
USCIS ,
Work Visas ,
Workplace Illness and Injury Reporting
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
This edition of the Employment Flash looks at a Texas court's grant of a preliminary injunction blocking implementation of a DOL rule that would have more than doubled the minimum salary requirements for the executive,...more
12/19/2016
/ Anti-Retaliation Provisions ,
Board of Directors ,
Collective Bargaining ,
Corporate Governance ,
Department of Labor (DOL) ,
Drug Testing ,
Duty of Fair Representation ,
France ,
Freelance Workers ,
Minimum Salary ,
OSHA ,
Over-Time ,
Preliminary Injunctions ,
Reporting Requirements ,
State and Local Government ,
UK ,
White-Collar Exemptions ,
Workplace Illness and Injury Reporting ,
Workplace Injury
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
The February 2016 edition of the Employment Flash looks at the EEOC's proposal for collecting equal pay information, the DOL's recent interpretation of joint employment liability under the FLSA and MSPA, Lyft's settlement of...more
3/1/2016
/ Agricultural Workers ,
Arbitration Agreements ,
Background Checks ,
CA Supreme Court ,
Campbell Ewald v Gomez ,
Classification ,
Credit History ,
Criminal Background Checks ,
Department of Labor (DOL) ,
DirecTV v Imburgia ,
Drivers ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Independent Contractors ,
Iskanian v CLS Transportation ,
Joint Employers ,
Lyft ,
Migrant Workers ,
Mootness ,
OFCCP ,
Pay Equity Act (PEA) ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Settlement Offer ,
Wage and Hour
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
In June 2015, the Department of Labor (DOL) unveiled a proposed rule that, if enacted, will result in federal overtime requirements covering an additional estimated 5 million people. The proposed rule was issued in response...more
In recent years, the “on-demand” economy, an industry built on apps that instantly connect customers with services performed by independent contractors, such as drivers and delivery workers, has thrived. However, regulatory...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
The use of criminal records in the hiring process has received a great deal of attention in recent years. The Equal Employment Opportunity Commission issued guidance in 2012 requiring employers to demonstrate that conviction...more
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
The developing law on employer confidentiality policies underscores the tension between an employer's ever-increasing need to protect confidential information and an employee's established right to discuss terms and...more
1/30/2015
/ Administrative Law Judge (ALJ) ,
American Red Cross ,
Banner Health System ,
Confidential Information ,
Confidentiality Agreements ,
Corporate Counsel ,
DirectTV ,
Employee Rights ,
Employment Policies ,
Hyundai ,
Internal Investigations ,
K-Mart ,
NLRA ,
NLRB ,
Personnel Records ,
Savings Clause ,
Social Media Policy ,
Terms and Conditions
A string of Executive Orders signed by President Barack Obama and new rules published by the Department of Labor (DOL) in 2014 have imposed additional obligations on federal government contractors and subcontractors. New...more
1/30/2015
/ Department of Labor (DOL) ,
Disabilities ,
Discrimination ,
Equal Pay ,
Executive Orders ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
LGBTQ ,
Minimum Wage ,
OFCCP ,
Title VII ,
Veterans
In This Issue:
- Supreme Court Rejects Security Screening Time Pay
- NLRB Finalizes Union Election Rule
- NLRB Reverses Employers’ Ability To Ban Employee Nonwork Email Use
- EEOC Challenges Employer...more
12/24/2014
/ Amazon ,
Ambush Election Rules ,
Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
Ebola ,
Email Policies ,
Employer Liability Issues ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Health Care Providers ,
Immigration Reform ,
Integrity Staffing v Busk ,
Joint Employers ,
McDonalds ,
Minimum Wage ,
NLRB ,
SCOTUS ,
Security Checks ,
Sex Discrimination ,
Sick Leave ,
Union Elections ,
Unions ,
Wellness Programs
In This Issue:
- SEC Pays First Whistleblower Award to Audit and Compliance Professional
- Supreme Court Allows Affordable Care Act Contraceptives Religious Exemption
- EEOC Adopts New Pregnancy...more
9/30/2014
/ Affordable Care Act ,
Ban the Box ,
Chief Compliance Officers ,
Class Action ,
Class Certification ,
Competition ,
Compliance ,
Contraceptive Coverage Mandate ,
Criminal Background Checks ,
Employee Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Pay and Safe Workplaces ,
Family and Medical Leave Act (FMLA) ,
Franchises ,
Franchisors ,
Gender Identity ,
Independent Contractors ,
Mailbox Rule ,
Misclassification ,
OSHA ,
Paid Leave ,
Pregnancy ,
Pregnancy Discrimination ,
Religion ,
Religious Exemption ,
Reporting Requirements ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Sick Leave ,
Unions ,
Vicarious Liability ,
Whistleblower Awards ,
Whistleblowers
In This Issue:
- NLRB Recess Appointments Unconstitutional
- SEC Brings First-Ever Employment Retaliation Claim
- EEOC Challenges Employer Severance Agreements
- New York State Transportation Industry...more
7/1/2014
/ Affirmative Action ,
Barack Obama ,
CAFA ,
Canning v NLRB ,
Class Action Arbitration Waivers ,
College Athletes ,
Earned Sick Time ,
Employee Definition ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
FICA Taxes ,
First Amendment ,
Hiring & Firing ,
NLRB ,
Private Attorneys General Act (PAGA) ,
Recess Appointments ,
Retaliation ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Severance Agreements ,
Severance Pay ,
Sick Leave
With employment discrimination charges at a 15-year high, employers are seeing a particular increase in claims brought by workers who are pregnant or caring for young children or aging parents. A 2010 report by the Center for...more
In This Issue:
- U.S. Supreme Court Issues Two Important Decisions Under Title VII
- Supreme Court Holds Lone Plaintiff’s FLSA Collective Action Is Moot When Claims Are Resolved Before Certification
-...more
7/26/2013
/ Class Action ,
Class Arbitration ,
Class Certification ,
Collective Actions ,
Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Form I-9 ,
Harassment ,
Human Rights ,
Immigration Reform ,
Negligence ,
SCOTUS ,
Supervisors ,
Title VII ,
Undocumented Immigrants ,
Unemployment Discrimination ,
UT Southwestern Medical v Nassar ,
Vance v. Ball State University
A board’s decision as to whether, when and how to terminate the employment of a CEO and hire a successor is among the most critical decisions facing the board of any company — large or small, public or private, established or...more