This edition summarizes key employment law issues, including new clarifications of employers’ COBRA obligations and restrictions on noncompete agreements. We also discuss New York’s new conditions for background check...more
9/2/2021
/ COBRA ,
Criminal Background Checks ,
Department of Labor (DOL) ,
Employee Benefits ,
Employer Liability Issues ,
Form I-9 ,
Gig Economy ,
Hiring & Firing ,
International Labor Laws ,
Labor Regulations ,
Non-Compete Agreements ,
Over-Time ,
State Labor Laws ,
Wage and Hour
This edition of Employment Flash summarizes key employment law issues, including employers' COBRA obligations and increased minimum wage for federal contractors. We also discuss New York's newly enacted laws prohibiting...more
6/1/2021
/ COBRA ,
Coronavirus/COVID-19 ,
EEO-1 ,
Employee Benefits ,
Employer Liability Issues ,
Equal Pay ,
Form I-9 ,
Hiring & Firing ,
International Labor Laws ,
NLRB ,
OFCCP ,
Wage and Hour
The COVID-19 crisis has led to much uncertainty regarding continuing pay for employees who are unable to work from home, as well as overall job security, in the face of employers’ financial uncertainty....more
3/26/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
Employee Retention ,
Employer Liability Issues ,
EU ,
France ,
Germany ,
Government Lockdown ,
Hiring & Firing ,
Job Retention Schemes ,
Layoffs ,
Payroll Taxes ,
Redundancy Dismissals ,
Relief Measures ,
Tax Extensions ,
UK ,
Wage and Hour ,
Waivers
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 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
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
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:
- 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
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