Sometimes a judge says what many of us are already thinking. In Rivera v. Crowell & Moring L.L.P., Katherine B. Forrest was that judge....more
Beginning April 1, 2016, new California regulations (§11023 specifically) will require all California employers with more than five employees to have written policies regarding harassment, discrimination, and retaliation. ...more
In Howard v. Hertz Global Holdings, Inc., a Hawaiian Federal Court found that Hertz Rent-a-Car could not be held responsible for its employee’s Facebook comments about one of its customers. While employers should welcome the...more
That’s what DOL Solicitor of Labor, M. Patricia Smith, reportedly said at the 2016 American Bar Association’s Midwinter Meeting. But remember: she also said at another conference in November 2015 that the DOL was targeting a...more
Donald Trump has become part of the national conversation. Not a single day goes by now without Mr. Trump filling up at least one news cycle. His recent success reminds me of a fantastic exchange in Private Parts when a...more
In our increasingly globalized economy, employers strategically place employees in assignments across international locations, and utilize cross-border business trips to facilitate demanding international business needs....more
Last month, we wrote about the Supreme Court’s opinion in Campbell-Ewald Co. v. Gomez, in which the Court ruled that “an unaccepted Rule 68 Offer of Judgment for complete relief does not moot a plaintiff’s individual and...more
Last summer the Second Circuit issued an important decision that identified the proper test for determining whether an employer properly classified an individual as an unpaid intern. The decision was a victory for employers...more
Off-the-clock work occurs any time someone performs work while not on their regular shift no matter where the work is performed. Generally, this work is compensable if the employer knows or should have known that the...more
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
We are back with our annual Super Bowl prediction post. As noted in prior years, people are increasingly making their predictions based on two indicators: unemployment rates and the whims of Utah zoo animals. They each have...more
An unaccepted Rule 68 Offer of Judgment for complete relief does not moot a plaintiff’s individual and class action claims said the Supreme Court on Wednesday. The decision in Campbell-Ewald Co. v. Gomez is welcome news for...more
1/23/2016
/ Campbell Ewald v Gomez ,
Class Action ,
Class Representatives ,
Fair Labor Standards Act (FLSA) ,
Injunctions ,
Mootness ,
Offer of Judgment ,
Rule 68 ,
SCOTUS ,
Settlement Offer ,
TCPA
New York City has established an Office of Labor Standards that will enforce the City’s paid sick leave and transit benefits laws, and create and promote programs on worker education, safety and protection. The Council...more
New York City is finishing off a strong year on the employment law front. Earlier this year, the City Council passed laws that banned the box and all but eliminated credit checks. It also passed a law requiring employers to...more
New York City is finishing off a strong year on the employment law front. Earlier this year, the City Council passed laws that banned the box and all but eliminated credit checks. It also passed a law requiring employers to...more
The Uber saga continues in O’Connor v. Uber Technologies, Inc. – a closely watched case that will impact the future of the gig economy. Last time we visited this case, the 9th Circuit Court of Appeals had declined to review...more
New York has amended its Business Corporation Law (BCL) to make the top ten largest shareholders of a non-publicly traded foreign corporation liable for unpaid wages. The change will go into effect in the middle of next...more
July 2016. That’s when the final rule on the white collar overtime exemptions is expected to be published by the DOL – this according to the OMB’s Fall 2015 Unified Agenda and Regulatory Plan released last Thursday. Just...more
The sharing or gig economy has introduced a new management paradigm for companies, more flexible schedules for workers, and a greater level of convenience and accountability to consumers. While there are many supporters of...more
The Department of Labor’s proposed overhaul of the white-collar exemption overtime regulations, which could expand overtime eligibility to an estimated 4.6 million workers, may not go into effect on the breakneck timeline...more
The National Labor Relations Board, in one of its first applications of the Browning-Ferris decision, gave hope to non-union contracting entities engaged in franchising and subcontracting relationships. After an extensive...more
11/4/2015
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Discipline ,
Employee Transfers ,
Employer Liability Issues ,
Franchises ,
General Contractors ,
Hiring & Firing ,
Joint Employers ,
NLRB ,
Staffing Agencies ,
Subcontractors ,
Supervision ,
Terms and Conditions ,
Unfair Labor Practices ,
Wage and Hour
In case you were wondering, and we that know you were, Governor Cuomo recently signed a bill that extends the 2012 amendments made to NY’s Wage Deduction Law until November 2018. Without the extension, the amendments would...more
New York Governor Andrew Cuomo recently signed a series of bills entitled the “Women’s Equality Agenda” that significantly amend the State’s equal pay, sex discrimination, harassment and other laws to provide additional...more
10/30/2015
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Anti-Pay Secrecy ,
Attorney's Fees ,
Disparate Impact ,
Employee Rights ,
Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Family Status Discrimination ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Governor Cuomo ,
Hiring & Firing ,
Liquidated Damages ,
New Legislation ,
Pregnancy Discrimination ,
Sex Discrimination ,
Sexual Harassment ,
Wage and Hour
An appeals court just made it harder for employers to challenge lawsuits against them by the Equal Employment Opportunity Commission on the basis that the EEOC failed to properly investigate the alleged wrongdoing before...more
At first glance, Stanziale v. MILK072011, looks like someone suing over a bad expiration date and conjures up images of Ron Burgundy proclaiming “milk was a bad choice.” But in actuality Stanziale is much more interesting: it...more
10/12/2015
/ Board of Directors ,
Breach of Duty ,
Chapter 7 ,
Commercial Bankruptcy ,
Corporate Counsel ,
Corporate Officers ,
Directors ,
Duty of Loyalty ,
Employee Benefits ,
Employee Rights ,
Fiduciary Duty ,
Good Faith ,
Layoffs ,
Lost Wages ,
Personal Liability ,
Wage and Hour ,
WARN Act