Most employers doing business in California are likely to soon face increased reporting and pay transparency requirements under a new law that is set to be signed by Governor Gavin Newsom. The law, which would expand...more
The Massachusetts Crown Act, which stands for “Creating a Respectful and Open World for Natural Hair,” is a law that prohibits race-based hair discrimination. The purpose of the Crown Act is to prohibit the denial of...more
The pandemic has changed the landscape of an employee’s work life in its entirety. Employees were uprooted from their normal routines and required to work from their homes. The result? Growing concerns regarding burnout and a...more
Beginning November 1, 2022, a recent amendment—often referred to as the “Salary Transparency Law”—to the New York City Human Rights Law (NYCHRL) is set to go into effect. The Salary Transparency Law requires certain employers...more
In light of the many dynamic public policy considerations in this area of the law, this brief summary of New York law may be helpful for employers trying to navigate covenants not to compete both in hiring and terminating....more
Hear how a decades-old landmark law guides today’s employers on some of the most pressing issues facing companies. Bill Martucci, who leads Shook, Hardy & Bacon’s national Employment Litigation and Policy Practice, shares...more
The Illinois governor has signed an amendment to the state's Wage and Payment Collection Act that increases the penalty for underpaying employee wages from 2% of the amount of the underpayment per month to 5%....more
As Bloomberg Law recently reported, at least “[t]en shareholder proposals to disclose EEO-1 data revealing a company’s workforce race, ethnicity, and binary gender makeup—or to produce diversity, equity and inclusion (DE&I)...more
The Equal Employment Opportunity Commission (EEOC) has updated its ongoing COVID-19 guidance to address questions related to the administration of COVID-19 vaccinations for employees. Specifically, EEOC updated Section K of...more
A recent California Superior Court order denied approval of a proposed settlement in Lime Scooter Co.’s ongoing PAGA litigation. In its order, the court offered important considerations for employers at risk of high-stakes...more
In its recent Donohue v. AMN Services, LLC decision, the California Supreme Court held that employers can not “round” employee time for purposes of calculating statutorily mandated meal breaks. It also held that records...more
With several vaccines on the market and many states rolling out mass-vaccination plans, employers are beginning to ask: Can my company require employees to have the COVID-19 vaccine? In short, the answer is “yes,” with...more
The Wage and Hour Division of the Department of Labor (DOL) has issued an opinion letter addressing compensable time spent commuting between the office and home. The opinion letter comes at a time when employers are beginning...more
New provisions of the Massachusetts Paid Family and Medical Leave (PFML) law went into effect on January 1, 2021. Employers with any workers in Massachusetts should be apprised of these new PFML benefits, which provide...more
New EEOC Conciliation Process Promotes Even Playing Field for Employers -
The U.S. Equal Employment Opportunity Commission (EEOC) has published a new proposed rule that would update the Commission’s conciliation process...more
"Joint Employer" Status in the Wage and Hour Context -
A New York federal court has struck down a Final Rule from the U.S. Department of Labor (DOL) that set out a four-factor test to determine “joint employer” status,...more
9/25/2020
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Joint Employers ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
Rulemaking Process ,
Wage and Hour
The Department of Labor’s Wage and Hour Division recently released a Field Assistance Bulletin (FAB) addressing employers’ obligations to calculate and pay their employees working remotely. This FAB speaks directly to...more
Gay and Trans Rights under Title VII -
On June 15, 2020, the U.S. Supreme Court issued its opinion in Bostock v. Clayton County, holding an employer that fires an individual merely for being gay or transgender violates...more
6/29/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Study Suggests Employers Face Increased Jury Hostility in the Age of COVID-19
California is well-known as a challenging jurisdiction for employers. The American Tort Reform Association ranked California second on its...more
Equal Pay Act Claims and “A Factor Other Than Sex” – Past Salary Information -
The en banc Ninth Circuit Court of Appeals has held that a female employee’s Equal Pay Act claim against her county-employer should be revived....more
Changes and Guidance in the National Employment Sphere -
As the number of confirmed COVID-19 cases continues to increase, national employers across the country are moving to remote-work models or suspending work...more
3/30/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Layoffs ,
OSHA ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Telecommuting ,
Title VII ,
Trump Administration ,
Wage and Hour ,
WARN Act
Pay Equity: Philadelphia’s Salary History Ban Upheld by Third Circuit -
The Third Circuit Court of Appeals rejected a First Amendment challenge by the Greater Philadelphia Chamber of Commerce to a city ordinance that...more
3/3/2020
/ Employer Liability Issues ,
Equal Pay ,
First Amendment ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Local Ordinance ,
Pay Equity Laws ,
Pay Gap ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Under the wage orders issued by California’s Industrial Welfare Commission (IWC), “[a]ll working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.” Although...more
11/20/2019
/ CA Supreme Court ,
CVS ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
IWC ,
Labor Law Violations ,
Labor Regulations ,
Safeway Inc ,
Seating ,
Settlement ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Wage Orders ,
Working Conditions
For the first time in a number of years, overtime regulations under the Fair Labor Standards Act (FLSA) have been updated. This modest development increases the earning threshold necessary to exempt executive, administrative...more
11/1/2019
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Job Duties ,
Labor Regulations ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Rulemaking Process ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
States Impose Sexual Harassment Policy & Training Requirements -
In the wake of the #MeToo Movement, several states have attempted to curb ever-increasing sexual harassment claims through new legislation requiring...more
7/15/2019
/ #MeToo ,
Corporate Culture ,
Employee Training ,
Employer Liability Issues ,
Harassment ,
Hostile Environment ,
Labor Regulations ,
Regulatory Requirements ,
Risk Management ,
Sex Discrimination ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws