The U.S. Department of Labor (DOL) announced today a Notice of Proposed Rulemaking (NPRM) to update and revise the regulations under the Fair Labor Standard Act (FLSA). Specifically, the DOL proposes an increase to the salary...more
We recently asked our Firm's "Women to Equity" class members about their best tips on achieving "balance." These women, are all on a path towards equity, balancing busy work schedules and client relationships with their...more
In one of his first official actions, President Biden relieved former General Counsel (GC) of the National Labor Relations Board (NLRB) Peter Robb of his position. As Mr. Robb's replacement, President Biden selected Peter...more
During his campaign, President Biden promised to support organized labor, and he continues to act on that promise. In April 2021, President Biden issued an Executive Order creating a White House task force to develop...more
Because of the state-by-state piecemeal legalization of marijuana, employers today face a dichotomy between maintaining a safe workplace versus adhering to the ever-changing legal landscape of drug testing for marijuana....more
On Friday, April 9, 2021, workers for Amazon in Alabama voted by an overwhelming majority to remain union-free, thereby preventing Amazon's first union-organized facility in the United States. According to organized labor,...more
On March 18, 2021, the National Labor Relations Board (NLRB) reconsidered the lawfulness of terms in employment arbitration agreements that require employees to sign as a pre-dispute condition of employment. Ultimately the...more
Government agencies have been grappling for nearly a year with ongoing attacks directed at state unemployment programs through unique fraud schemes. The Department of Labor (DOL) has estimated that approximately $36 billion...more
4/2/2021
/ CARES Act ,
Data Breach ,
Department of Labor (DOL) ,
Fraud ,
Grants ,
Human Resources Professionals ,
Long Term Care Facilities ,
Risk Mitigation ,
Training ,
Unemployment ,
Unemployment Benefits
On March 15, 2021, the National Labor Relations Board (NLRB) issued a Notice of Withdrawal in the Federal Register withdrawing the proposed rule related to undergraduate and graduate student employment classification (the...more
New Jersey recently legalized the recreational use of marijuana and, at the same time, implemented protections for the use of cannabis products. New Jersey's new law will still allow employers to perform drug screenings of...more
On August 18, 2020, the Equal Employment Opportunity Commission (EEOC) held a public meeting to consider a Notice of Proposed Rulemaking (NPRM) intended "to enhance the effectiveness and create accountability and transparency...more
Government agencies are grappling with the theft of millions of taxpayer dollars through unique fraud schemes directed at state unemployment programs. Employers often are the first to discover these schemes when they learn...more
11/17/2020
/ Data Theft ,
Department of Labor (DOL) ,
Employee Training ,
Fraud ,
Human Resources Professionals ,
Personally Identifiable Information ,
Phishing Scams ,
Remote Working ,
Risk Management ,
Unemployment ,
Unemployment Benefits
For this issue's Baker's Dozen, we asked our associates, "How has Justice Ginsburg influenced you? What does Justice Ginsburg's legacy mean to you?"...more
Technology is rapidly evolving, and the use of Artificial Intelligence (AI), automation and robotics is only just beginning to be felt in U.S. workplaces....more
The National Labor Relations Board (NLRB or Board) recently released its anticipated rulemaking priorities in the Unified Agenda of Federal Regulatory and Deregulatory Actions (the Agenda). ...more
The U.S. Department of Labor (DOL) has published a Final Rule that aims to remove restrictions on the establishment of Association Health Plans (AHPs) in order to make affordable health care coverage more accessible to small...more
As the Supreme Court ended its 2017-18 Term, Justice Anthony Kennedy announced his resignation; the Court did away with "agency fees" for public employees; and in other decisions favorable to employers, the Court solidified...more
7/23/2018
/ Arbitration Agreements ,
Car Dealerships ,
China Agritech Inc v Resh ,
Class Action ,
Class Action Arbitration Waivers ,
CNH Industrial N.V. v Reese ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Fair Labor Standards Act (FLSA) ,
Fair Share Contribution ,
Federal Arbitration Act ,
Free Exercise Clause ,
Free Speech ,
Janus v AFSCME ,
Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission ,
Murphy Oil v NLRB ,
Navarro v Encino Motorcars ,
Over-Time ,
Public Sector Unions ,
Religious Discrimination ,
Same-Sex Marriage ,
SCOTUS ,
Union Dues ,
Whistleblowers
There are many questions, some of which can be very complex, that employers should evaluate in order to avoid potentially exorbitant costs associated with improper pay practices under the Fair Labor Standards Act (FLSA),...more
Yesterday, the U.S. Supreme Court issued a long-awaited decision (the Epic Systems decision) regarding the enforceability of employee arbitration agreements that include class/collective action waivers. ...more
5/23/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
NLRA ,
NLRB ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS
On Monday, October 2, 2017, the U.S. Supreme Court heard oral argument in three cases involving the enforceability of employee arbitration agreements that include class/collective action waivers.
Since January when the...more
10/17/2017
/ Arbitration Agreements ,
Case Consolidation ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Epic Systems Corp v Lewis ,
Ernst & Young ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
Murphy Oil USA ,
NLRA ,
NLRB ,
Popular ,
SCOTUS
The Department of Labor (DOL) has recently issued a number of proposed rulemakings, which serve the sole purpose of rescinding prior rules or regulations. After the delayed appointment of a Secretary of Labor, it appears the...more
9/12/2017
/ Department of Labor (DOL) ,
Drug Testing ,
Employer Liability Issues ,
LMRDA ,
Minimum Wage ,
Persuader Rules ,
Restaurant Industry ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Unemployment Benefits ,
Wage and Hour
While the process likely did not go as President Trump originally anticipated, the long wait for a leader of the U.S. Department of Labor (DOL) finally concluded in April. After Trump's first choice, Andrew Pudzer, withdrew...more
Three cases involving the enforceability of class/collective action waivers in arbitration agreements are headed to the U.S. Supreme Court. In this piece, we look at the facts of those cases, which will be consolidated for...more
Employers are often hesitant to take disciplinary or other actions with an employee who has recently requested or has taken leave under the Family and Medical Leave Act (“FMLA”). While the law does not prohibit such action,...more
On August 29, 2016, the Equal Employment Opportunity Commission (EEOC) published its Final Enforcement Guidance on Retaliation and Related Issue. This was the first guidance from the EEOC on these issues since 1998. The EEOC...more