The Department of Labor (“DOL”) has updated its previous guidance in Family First Coronavirus Response Act: Questions and Answers to help employees and employers understand their rights and obligations concerning paid leave...more
The Department of Labor (“DOL”) has again updated its guidance in Families First Coronavirus Response Act (“FFCRA”): Questions and Answers to address several topics concerning paid sick leave (under the Emergency Paid Sick...more
The federal Worker Adjustment and Retraining Notification Act (“WARN”) requires covered employers to provide advance notice of “plant closings” and “mass layoffs” that resulting in an “employment loss” at a single site of...more
Employers face unprecedented workforce population challenges as a result of the coronavirus (COVID-19) pandemic, which impacts vital employee health benefits. Indeed, many employers are being forced to consider and implement...more
On March 18, 2020, Congress passed the "Families First Coronavirus Response Act," legislation aimed to guarantee free COVID-19 testing, increase Medicaid funding, and expand food security initiatives and support for those...more
3/19/2020
/ Coronavirus/COVID-19 ,
Emergency Response ,
Employer Responsibilities ,
Family and Medical Leave Act (FMLA) ,
Paid Leave ,
Pending Legislation ,
Sick Leave ,
State of Emergency ,
Tax Credits ,
Unemployment Insurance ,
Wage and Hour
The Centers for Disease Control and Prevention (CDC) has issued an interim guidance for administrators of institutions of higher education (IHE) to plan, prepare, and respond to the impact of the Coronavirus Disease 19...more
With the expected spike of absenteeism, wage and hours problems can arise during a pandemic. Employers must always keep their obligations under the Fair Labor Standard Act ("FLSA") in mind in dealing with these issues....more
The Family and Medical Leave Act -
Employers covered by the Family and Medical Leave Act ("FMLA") must allow an eligible employee to take leave due to a serious health condition of the employee or to care for the...more
Part II: Non-discrimination -
The increasing fear around COVID-19, which was first detected in China, can lead to stigmatizing Chinese or other Asian individuals. However, according to the CDC, just being Chinese or Asian...more
Employers and plan fiduciaries should take careful note of a recent ruling issued by the United States Supreme Court which may prompt increased Employee Retirement Income Security Act ("ERISA") litigation and otherwise alter...more
3/2/2020
/ Actual or Constructive Knowledge ,
Appeals ,
Breach of Duty ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Intel Corp. Investment Policy Committee v. Sulyma ,
Material Disclosures ,
Question of Fact ,
Reaffirmation ,
Retirement Plan ,
Retirement Plan Beneficiaries ,
Reversal ,
SCOTUS ,
Split of Authority ,
Statute of Limitations ,
Summary Judgment
A majority of the U.S. Supreme Court held that the Federal Arbitration Act ("FAA") bars class arbitration actions when the agreement is ambiguous about the availability of such arbitration. The opinion strengthens protections...more
4/29/2019
/ Ambiguous ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Class Arbitration ,
Consent ,
Federal Arbitration Act ,
Federal v State Law Application ,
Jurisdiction ,
Lamps Plus Inc v Varela ,
Motion to Compel ,
Preemption ,
Reversal ,
SCOTUS ,
Stolt-Nielsen
The Department of Education has issued a Notice of Proposed Rule Making to amend the federal regulations governing Title IX compliance. The proposed rules would replace prior guidance and represent a radically different...more
The Fair Labor Standards Act (FLSA) does not bar agreements stating that individual arbitration is the "only forum" for employment claims, the Sixth Circuit recently held. In Gaffers v. Kelly Services, an employee alleged...more
In a 5-4 decision, the Supreme Court held that automobile service advisors are exempt from overtime rules under the Fair Labor Standards Act. While the opinion, which was issued on April 2, 2018, will certainly impact car...more
The U.S. Supreme Court has reversed a U.S. 6th Circuit Court of Appeals decision holding that that former employees of CNH Industrial N.V. were entitled to lifetime, vested healthcare benefits. The opinion, issued yesterday,...more
2/23/2018
/ CNH Industrial N.V. v Reese ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Contract Interpretation ,
Contract Terms ,
Corporate Counsel ,
Employee Benefits ,
Extrinsic Evidence ,
Lifetime Health Benefits ,
Reservation of Rights ,
Retirement ,
Reversal ,
SCOTUS ,
Split of Authority ,
Summary Plan Description ,
Vesting
The higher salary requirements under the Fair Labor Standards Act (FLSA) white collar exemptions that were set to take effect December 1, 2016, have been ruled invalid by a U.S. District Court in Texas. The same court...more
The Department of Labor (DOL) recently announced that it had submitted a proposed Request for Information, related to possible new overtime rules, to the Office of Management and Budget (OMB) for review. The OMB review has...more
As previously reported, the Fifth Circuit Court of Appeals is currently reviewing a challenge to the recent Fair Labor Standards Act ("FLSA") overtime changes. Previously, a Texas district court entered an injunction...more
On Nov. 22, 2016, the recent revisions to the Fair Labor Standards Act overtime provisions - slated to become effective Dec. 1, 2016 - were enjoined by the United States District Court for the Eastern District of Texas. In...more
In May 2014, Michigan enacted a law that will gradually increase the minimum wage from $7.40 to $9.25 per hour by January 1, 2018. On January 1, 2017, the minimum hourly wage for employees will increase by 40 cents, from...more
Yesterday, the Seventh Circuit released a decision broadly ruling that student-athletes are not employees for purposes of the Fair Labor Standards Act (FLSA). In Berger v. National Collegiate Athletic Association, two women...more
Just eight days before the Dec. 1, 2016, effective date, the United States District Court for the Eastern District of Texas entered a nationwide injunction prohibiting the U.S. Department of Labor from enforcing the recent...more
A Department of Labor rule requiring employers to disclose when they hire lawyers and consultants during union organization campaigns has been at least temporarily put on hold.
On June 27, 2016, a federal district court...more
The Supreme Court ruled, on May 23, 2016, that for employees alleging that they were “constructively discharged” from their employment (as opposed to terminated by their employer), the statute of limitations begins to run...more
5/24/2016
/ Constructive Discharge ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Employees ,
Green v Brennan ,
Race Discrimination ,
Resignation ,
Retaliation ,
SCOTUS ,
Statute of Limitations ,
Title VII ,
USPS
On May 18, 2016, the Department of Labor (DOL) issued its final rule updating current overtime regulations. The final rule significantly alters the compensation levels required for executive, administrative and professional...more