...NLRB Issues Final Rule on ‘Joint Employer’ Standard On -
October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule titled “Standard for Determining Joint Employer Status,” which rescinds and...more
11/16/2023
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Bias ,
Biden Administration ,
Breach of Contract ,
CA Supreme Court ,
City of New York ,
Collective Bargaining ,
Diversity ,
Earned Sick and Safe Time Act ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Executive Orders ,
Final Rules ,
French Language Requirements ,
Governor Newsom ,
Joint Employers ,
New Guidance ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Notice Requirements ,
Paid Sick Leave ,
Penalties ,
Pregnant Workers Fairness Act ,
Private Attorneys General Act (PAGA) ,
Proposed Regulation ,
Reasonable Accommodation ,
Reporting Requirements ,
Restructuring ,
Retaliation ,
SCOTUS ,
Surveillance ,
Venture Capital
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 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
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
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
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
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
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