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Labor & Employment Updates

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

US Department of Labor Issues Three New Opinion Letters After Nine-Year Hiatus

by White and Williams LLP on

On April 12, 2018, the United States Department of Labor (DOL) issued its first substantive opinion letters since the Bush Administration. Not only do opinion letters clarify the agency’s application of the law, the letters...more

Beltway Buzz - April, 2018 #3

Ring Recusal Request. On April 16, management attorney John Ring was sworn in as chair and fifth member of the National Labor Relations Board (NLRB). But before Ring even had an opportunity to learn where the coffee and...more

Court Holds That There Is A Fact Issue By Former Employer Against Employee For Breach Of Fiduciary Duty In Self-Dealing...

by Winstead PC on

In Roberts v. Overby-Seawell Co., an employee sued his former employer for the failure to pay commissions. No. 3:15-CV-1217-L, 2018 U.S. Dist. LEXIS 47821 (N.D. Tex. March 23, 2018). ...more

Putting the Compensability Brakes on Frequent Employee Breaks

by Carlton Fields on

Are frequent and short work breaks necessitated by an employee’s serious health condition considered “compensable” time under the Fair Labor Standards Act (FLSA)? Last week, the Department of Labor, Wage and Hour Department...more

The NLRB Bolsters Unions’ Ability to Investigate Discrimination and Pay Equity Concerns through Requests for Information

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In Colorado Symphony Association, 366 NLRB No. 60 (April 13, 2018), the NLRB found that an employer had an obligation to disclose information related to individual overscale contracts because the request...more

What Interviewers Say Can Come Back to Haunt an Employer

by Shipman & Goodwin LLP on

In speaking to job applicants, interviewers need to be circumspect in what they say. There are questions that can be asked, and there are questions that can create real headaches, as well as liability....more

Got Employees In Massachusetts And New Jersey? What You Need To Know As MA And NJ Employers Are Mandated To Break The Glass...

by Pepper Hamilton LLP on

Q. Are there any Equal Pay Acts that apply specifically to employers in Massachusetts and New Jersey? A. On July 1, 2018, an updated equal pay law becomes effective in Massachusetts, referred to as “MEPA” (Massachusetts...more

DOL Issues New Information on its PAID Self-Audit and Self-Reporting Program

by Littler on

Last month, we reported on the U.S. Department of Labor, Wage and Hour Division’s (“WHD”) newly created Payroll Audit Independent Determination (“PAID”) Program, through which employers can proactively seek to resolve...more

Education and collaboration – Essential for the Fourth Industrial Revolution

by Hogan Lovells on

The Fourth Industrial Revolution is upon us and countries across the world are grappling with ways to capitalize on its opportunities and mitigate its risks....more

Sexual Harassment: Recent Amendments Create Significant New Requirements For New York Employers

On April 11 and 12, 2018, the landscape surrounding sexual harassment claims was rewritten by major amendments to applicable New York State and New York City law. Many of the measures mirror legislation that has been...more

Unplug: Will Employees Soon Have The “Right to Disconnect?”

by Jackson Lewis P.C. on

If a proposed law is enacted by the New York City Council, employers would be prohibited from requiring employees to check and respond to email or other electronic communications during non-work hours. The bill allows for...more

Sexual Harassment Bills To Watch Before The California Legislature

by Jackson Lewis P.C. on

Several significant employment law bills relating to sexual harassment are pending before the California legislature which could significantly affect employer practices. SB-1343 seeks to amend current sexual harassment...more

When The Fiduciary Warranty is Dangerous

by Ary Rosenbaum on

I don’t pull any punches, so I have certainly written many articles about plan providers issuing something called a fiduciary warranty, that is free and doesn’t protect the plan sponsor from almost any liability because plan...more

Brazilian Labor Courts Continue To Emphasize Importance Of Non-Compete Clause Limitations

by Jackson Lewis P.C. on

A recent Brazilian labor court ruling clarified the procedural requirements for employers drafting non-compete clauses in employment agreements. Although the Brazilian Federal Constitution establishes “freedom of work,”...more

Seeing Through the Haze: Marijuana and the Workplace - THC "Breathalyzers"

by Varnum LLP on

Marijuana use by Michigan employees is on the rise. Many employees mistakenly believe that a Michigan Medical Marijuana card gives them the absolute right to use marijuana....more

Typical Administrative Procedures Lead to Unfavorable Court Decision

It is not uncommon for employers to place the burden on employees of informing the employer when a dependent becomes ineligible for a benefit.  Plan documents and SPDs should provide notice that if these rules are not...more

Podcast - Risk Management: Troubleshooting & Problem Solving

by Ropes & Gray LLP on

[co-speaker: Hui Chen, Ethics and Compliance Consultant] Implementing effective compliance programs is challenging, especially where third-party risk management is involved. In this podcast, Ropes & Gray litigation &...more

DOL Issues Updated Overtime Guidance to Colleges & Universities under the FLSA

On April 12, 2018, the DOL issued a new Fact Sheet for Higher Education Institutions and Overtime Pay Under the Fair Labor Standards Act. The Fact Sheet addresses the common exemptions applicable to Institutions of Higher...more

IRS Issues Guidance FAQs Regarding The Paid Family Leave Federal Tax Credit

by Jackson Lewis P.C. on

This week, the Internal Revenue Service (IRS) issued FAQ guidance regarding the employer tax credit for paid family and medical leave. As a reminder, the Tax Cuts and Jobs Act of 2017 (the Act) provides a tax credit to...more

“Comparable Work” Under Massachusetts Equal Pay Act: Defined

by Locke Lord LLP on

As you undoubtedly know, the amendments to the Massachusetts Equal pay Act (“MEPA”), effective July 1, provide that “[n]o employer shall discriminate in any way on the basis of gender in the payment of wages, or pay any...more

D.C. Circuit To The NLRB: Lying Is Not Protected Activity

by Husch Blackwell LLP on

Last week, the U.S. Court of Appeals for the D.C. Circuit reversed and remanded a pro-employee Board decision concerning an employee who had been discharged based on the “disparaging content” of the testimony he made before...more

EEO-1 Filing Deadline Extended

by Jackson Lewis P.C. on

Without much fanfare, the U.S. Equal Employment Opportunity Commission’s EEO-1 Joint Reporting Committee has extended the deadline for filing of this year’s EEO-1 Survey until June 1, 2018. As a result of modifications to...more

First New USDOL FLSA Opinion Letters Are Issued – A Very Good Thing

by Fox Rothschild LLP on

At long last, new USDOL Opinion Letters are bursting forward. Like Spring. The agency just issued three new letters on a variety of topics, including one of my favorites, travel time. The other letters address issues of...more

These Are The Errors That A 401(k) Plan Sponsor Should Look For

by Ary Rosenbaum on

When asked by advisors on what 401(k) plan sponsors should be aware of, I tell them that most small to medium-sized employers have far greater things to be worried about than a class action lawsuit. There are a whole host of...more

DOJ Targets No-Poach Agreements Among Competitors

On April 3, 2018, the Department of Justice Antitrust Division (“DOJ” or “Antitrust Division”) filed an antitrust complaint against Knorr-Bremse AG (“Knorr”) and Westinghouse Air Brake Technologies Corporation (“Wabtec”) for...more

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