Eight States with Sick Leave Laws – What Employers Should Know
By Mary Kathryn CurryWhile the FMLA provides for protected time off, it does not provide for paid sick leave. However, paid sick leave laws are gaining popularity at the state level. Rhode Island is...
View ArticleTime for a Check-up: Increased EEOC Interest in Medical Exams
By Kelly J. MuenstermanRecently, the Equal Employment Opportunity Commission (“EEOC”) has focused on filing lawsuits relating to an employer’s obligations under the Americans with Disabilities Act...
View ArticleCould Relief from PAGA be on the Way for California Employers?
By Carmen J. ColeSince its inception more than a dozen years ago, California’s Private Attorneys General Act (PAGA) has been criticized for how it has been used by plaintiff’s counsel to secure...
View ArticleThat’s A Wrap—Six Important California Employment Legislative Updates...
By Anne Cherry BarnettAs the 2017 California legislative session comes to an end, employers are faced with new employment laws added to the labyrinth of California employment compliance. Governor Brown...
View ArticleBottling Employee Blows his Top, but his Termination Caused a Sticky Situation
By Cary BurkeOn October 23, 2017, a National Labor Relations Board (NLRB) Administrative Law Judge (ALJ) ruled that Heartland Coca-Cola Bottling Co. (Heartland) unlawfully fired a union steward who...
View ArticleEleventh Circuit: Pregnancy Discrimination Act Prohibits Discrimination...
By Andrew M. McKinleyOn September 7, 2017, the U.S. Court of Appeals for the Eleventh Circuit determined that different treatment based on an employee’s breastfeeding is prohibited by the Pregnancy...
View ArticleThe Saga Continues: What’s Next for the White Collar Exemptions?
By Elizabeth T. GrossOn October 30, 2017, the U.S. Department of Labor (DOL) filed an appeal in the United States Court of Appeals for the Fifth Circuit of the August 31, 2017 ruling by the United...
View ArticleSex-Based Stereotyping Recognized as a Valid Theory of Discrimination
By Christopher L. JohnsonNeither Title VII nor the Missouri Human Rights Act (the “MHRA”) expressly prohibits discrimination on the basis of sexual orientation. In a prior post, we discussed a...
View ArticleProtect Your Business – Restrictive Covenant Agreements
By Katharine K. SanghaMany states allow businesses to require employees to sign agreements restricting their competitive activities following the termination of employment. Such restrictive covenant...
View ArticleHouse Passes Bill to Return to Traditional Joint Employer Standard
By Adam B. MerrillOn November 7, 2017, the U.S. House of Representatives voted on and passed the Save Local Business Act, H.R. 3441 (the Act). If passed by the Senate and signed into law by President...
View ArticleFCRA Update: Courts Continue to Require Injury-in-fact for Article III Standing
By Brian K. Morris In recent months, we have written about the limits Article III places on plaintiffs bringing Fair Credit Reporting Act (FCRA) claims. (See here, here, and here). In October, two...
View ArticleWorking in a Winter Wonderland – Compensating Employees on Inclement Weather...
By Robert J. HingulaWith the smells of turkey, stuffing, and cranberry sauce about to fill kitchens across the country next week, people are getting ready for the holiday season. And as Norman Rockwell...
View ArticleDon’t Ask; Sometimes Tell: Wage History Bans Gain Traction
By Karen R. GlicksteinEmployers across the country should think twice before asking job applicants about their salary history. As we reported earlier this year, a number of state legislatures (and...
View ArticleJust in Time for the Holidays: Scheduling Restrictions Take Effect for NYC...
By Carmen J. ColeOn November 26, 2017, New York City will join other cities, such as San Francisco and Seattle, when its predictive scheduling laws take effect and require retail employers to give...
View ArticleSupreme Court Considers Whether Dodd-Frank Whistleblower Protection Applies...
By Michael J. LordenThis week, the United States Supreme Court heard oral argument in Digital Realty Trust, Inc. v. Somers to consider whether the Dodd-Frank Act (“Dodd-Frank”) protects internal...
View ArticleA “Two-Pool” Proposal for Employers Who Contribute to the Bakery &...
By Bradley G. KafkaThe Bakery & Confectionery Union and Industry International Pension Fund (“B&C Fund”) has been underfunded for many years. Indeed, since the bankruptcy of Hostess Corporation...
View ArticleFive Strategies for Protecting Trade Secrets
By Emma R. Schuering and Eric E. PackelIn a post-Defend Trade Secrets Act world, employers have a host of civil remedies available to them for the misappropriation of trade secrets under both state and...
View ArticleBetween a Rock and a Hard Place – Maximum Leave Policies and the ADA
By Gillian McKean BidgoodMedical leaves pose operational and legal challenges for employers. As we have previously addressed, those challenges multiply when the employee’s medical leave stems from a...
View ArticleNLRB General Counsel Releases First Memorandum, Signals Significant Policy...
By Sara J. RobertsonOn December 1, 2017, the newly appointed National Labor Relations Board (“NLRB”) General Counsel, Peter Robb, issued a memorandum styled GC Memorandum 18-02 (the “Memorandum”),...
View ArticleProposed Department of Labor Rule Revising Tip Pooling Rules
By Robert J. Hingula and Latrice Nicole LeeOn December 4, 2017, the Department of Labor (“DOL”) proposed a rule that will rescind the 2011 regulation prohibiting restaurants, bars, and other service...
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