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Supreme Court Grants Cert to Decide the Burden of Proof for FLSA Exemptions

On June 17, 2024, the U.S. Supreme Court granted certiorari in E.M.D. Sales, Inc. v. Carrera, adding it to their docket for the 2024-2025 term. This case will finally resolve a split between the U.S. Circuit Courts of Appeal...more

Website Accessibility: An Excerpt from the Advertising Law Tool Kit

Title III of the Americans with Disabilities Act prohibits discrimination based on disability by “public accommodations.” The explosion of online commerce has forced the question: Does Title III apply to websites?...more

Ad Law Tool Kit Show – Episode 10 – Website Accessibility [Video]

Listen to Episode 10 of our podcast, the Ad Law Tool Kit Show. In this episode, Karel Mazanec and Nicholas Reiter talk to host Shahin Rothermel about website accessibility. Check out the episode....more

Employers Take Note: New Employee Paid Leave Laws for 2024

As any savvy employer will tell you, the start of the new year comes with new employee leave obligations. Effective January 1, 2024, employers across the country must comply with various new employee paid leave laws and...more

Right to Reef? The Growing Number of State and Local Laws Addressing Off-Duty Marijuana Use by Employees

Few areas of the law have evolved more quickly than the quagmire of federal, state, and local laws governing employee use of marijuana. Although cannabis remains a Schedule I drug under the federal Controlled Substances Act,...more

No Fun in the Summertime: Employer Obligations for Preventing Employee Heat Stress

As summer approaches, employers with employees potentially exposed to high temperatures should ensure that they have taken the necessary steps to protect their employees from heat-related illnesses. Employees who might be...more

Recent DOJ Memo on Corporate Criminal Enforcement Highlights Critical Considerations for Employers

On September 15, 2022, the Department of Justice (DOJ) released a long-anticipated memo announcing changes to its corporate criminal enforcement policies (Memo). The Memo contains helpful guidance for employers, outlining...more

NLRB Rules That Workplace Policies Restricting Wearing of Union Insignia Are Unlawful Absent "Special Circumstances"

​​​​​​​In a recent 3-2 decision titled Tesla, Inc., the National Labor Relations Board (NLRB) ruled that workplace policies restricting the wearing of union insignia or apparel are presumptively unlawful, even if those...more

Implementing Diversity, Equity, and Inclusion Initiatives in Hiring Without Running Afoul of Anti-Discrimination Laws

Promoting diversity in the workforce has become a key focus for many employers. Organizations have increasingly recognized the many benefits of employing a workforce with diverse backgrounds, perspectives, and experiences,...more

EEOC Issues New Guidance for Employers Regarding the Treatment of Employees with Caregiver Responsibilities

With more employees returning to the office, many employers have struggled with increased caregiving demands on employees' time as a result of the COVID-19 pandemic. To address these concerns, the Equal Employment Opportunity...more

FLSA Misclassification: Common Mistakes That Employers Make When Classifying Their Employees as "Exempt" from Overtime...

In 2021, the U.S. Department of Labor (DOL) collected a whopping $234 million in back wages for nearly 200,000 employees who the DOL determined were not paid in accordance with the Fair Labor Standards Act (FLSA). Experts...more

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