The US Supreme Court ruled in Murray v. UBS Securities LLC that whistleblowers under the Sarbanes-Oxley Act (SOX) need not prove retaliatory intent. This ruling is consistent with current precedent for Energy Reorganization...more
2/16/2024
/ Adverse Employment Action ,
Anti-Retaliation Provisions ,
Employer Liability Issues ,
Intent ,
Murray v UBS Securities LLC ,
Protected Activity ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Whistleblower Protection Policies ,
Whistleblowers
Effective January 26, 2022, revisions to Section 740 of the New York Labor Law will substantially enhance protections for employee whistleblowing in a number of critical ways. BACKGROUND Until now, courts have construed the...more
The Virginia Overtime Wage Act imposes a state law obligation to pay overtime and expands upon the federal Fair Labor Standards Act in several important areas. Virginia Governor Ralph Northam recently signed into law the...more
The US Department of Labor (DOL) announced on February 19 that the Occupational Safety and Health Administration (OSHA) will begin investigating whistleblower complaints of retaliation under the Criminal Antitrust...more
Subject to certain very narrow exceptions, the new law will apply to virtually all Washington, DC, employees when it comes into effect later this year. Washington, DC, Mayor Muriel Bowser recently signed the Ban on...more
The Criminal Antitrust Anti-Retaliation Act establishes new federal protections for whistleblowers who report violations of antitrust laws. This may impact enforcement efforts and litigation on labor mobility issues,...more
While the proposed rule retains the “economic realities test,” it consolidates the existing factors used to guide analysis of independent contractor status under the Fair Labor Standards Act and focuses on two “core factors.”...more
9/25/2020
/ Comment Period ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Labor Regulations ,
Misclassification ,
Proposed Rules ,
Regulatory Agenda ,
Rulemaking Process ,
Wage and Hour
Beginning October 1, 2020, new obligations and prohibitions take effect concerning Maryland’s antidiscrimination law, mass layoff procedures, salary histories, and more. ...more
5/20/2020
/ Dress Codes ,
Employer Liability Issues ,
Employment Policies ,
Equal Pay ,
Hairstyle Discrimination ,
Layoff Notices ,
New Legislation ,
Race Discrimination ,
Salary/Wage History ,
State Labor Laws ,
Wage and Hour ,
WARN Act
The Virginia legislature ended its term by passing a host of new laws that expand liability for employers on a variety of critical wage and hour issues. Virginia’s legislative session—its first in more than two decades with...more
5/6/2020
/ Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Minimum Wage ,
Misclassification ,
New Legislation ,
Non-Compete Agreements ,
State and Local Government ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour ,
Wage Theft
With Virginia’s recent enactment of several new laws, employers should prepare for a broader range of discrimination and retaliation claims in the commonwealth, including through private rights of action that will newly...more
Maryland employers with 15 or more employees are prohibited from inquiring about a job applicant’s criminal history during early stages of the hiring process. ...more
2/11/2020
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Employment Discrimination ,
General Assembly ,
Governor Vetoes ,
Hiring & Firing ,
Job Applicants ,
Labor Law Violations ,
Labor Regulations ,
Penalties ,
Regulatory Requirements ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Third-Party Relationships ,
Vendors
Dear Retail Clients and Friends,
A recent decision from the Massachusetts Supreme Judicial Court may require retail employers to reevaluate their pay practices for nonexempt employees who earn commissions. This edition of...more
Baltimore’s lactation accommodation law requires employers to provide breaks for expressing breast milk, create a distinct location where employees can express breast milk, and develop a written lactation accommodation...more
The Maryland Disclosing Sexual Harassment in the Workplace Act of 2018, which takes effect October 1, 2018, prohibits Maryland employers from requiring employees to arbitrate sexual harassment claims and requires larger...more