The wait is over! This morning, the Department of Labor announced its Final Rule, which is aimed at expanding overtime eligibility for millions of American workers. At its core, the final version of the rule doubled the...more
On Wednesday, President Obama signed into law the groundbreaking Defend Trade Secrets Act (DTSA), which for the first time creates a federal civil remedy for trade secret misappropriation and provides uniformity (and...more
Carrie:
Thanks again for your guidance over the past several weeks. Now that we’ve tackled updating our offer letters for employees working abroad, I’d like to look at our employment agreements. What provisions should...more
The United States Supreme Court ruled Tuesday that Tyson Foods employees could use representative evidence to establish liability and damages for class certification purposes. The opinion gives the plaintiffs’ class action...more
3/26/2016
/ Admissible Evidence ,
Calculation of Damages ,
Class Action ,
Class Certification ,
Class Members ,
Doffing ,
Donning ,
Fair Labor Standards Act (FLSA) ,
SCOTUS ,
Statistical Sampling ,
Tyson Foods v Bouaphakeo ,
Unpaid Overtime ,
Wage and Hour
A Note from the Editors -
If January was a harbinger of what's in store for 2016, it's sure to be a busy year for HR professionals and employment attorneys. And Employment Matters is certainly here to guide you along the...more
2/12/2016
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Campbell Ewald v Gomez ,
Class Action ,
Class Representatives ,
Employee Privacy Rights ,
EU ,
European Court of Human Rights ,
Fair Labor Standards Act (FLSA) ,
Mootness ,
Non-Disparagement Provisions ,
Private Communications ,
Reporting Requirements ,
Rule 68 ,
SCOTUS ,
Wellness Programs
Narges Kakalia, a member in the litigation section in our New York office, recently sat down with Mintz Levin alumna Flora Feng, Senior Director & Legal Counsel, Asia Pacific Region for PepsiCo to discuss career transitions,...more
We have frequently written about the increasing likelihood that courts will enforce arbitration agreements to resolve a broad range of issues arising out of the employment relationship. Recently, a federal court provided...more
The Securities and Exchange Commission instituted cease and desist proceedings against KBR, Inc. for the purpose of entering an agreed Cease and Desist Order which is likely to affect the drafting of all confidentiality...more
4/2/2015
The D.C. Council has passed emergency legislation to address certain ambiguities in and other issues raised by D.C.’s Wage Theft Prevention Amendment Act, which takes effect on February 26, 2015. As we noted last month, the...more
Last October, we reported on D.C.’s soon-to-be-enacted D.C. Wage Theft Prevention Amendment Act. This Act, which amends several existing D.C. wage and hour laws, includes new notice requirements and retaliation protections,...more
The District of Columbia is on the verge of joining the 13 other states (and numerous cities and counties throughout the country) that have enacted “Ban the Box” laws prohibiting or limiting an employer from asking job...more
More bad news for employers: Maryland’s Court of Appeals (its highest court) has now put to rest any question about an employee’s right to recover treble damages in connection with an unpaid overtime claim....more
Just last week Mintz Levin presented a webinar on how employers can use arbitration agreements as a tool to avoid exposure to wage and hour and other class actions. The thesis of the webinar was that recent Supreme Court and...more
A divided panel of the United States Court of Appeals for the Fourth Circuit took the unusual step of reversing an arbitrator’s award in favor of an ex-employee, finding that the arbitrator’s award was in “manifest disregard”...more