Not so long ago, remote work arrangements were thought of as a nice perk for tech-proficient employ-ees seeking an end to tiresome commutes and a way to enhance work-life balance. Then came the corona-virus and...
Employment Law Letter
The U.S. Citizenship and Immigration Services (USCIS) has finally issued information about its new registration process for the 2020 H-1B cap lottery. The process must be completed by noon on March 20, and it'll take...
Q We have an employee on Family and Medical Leave Act (FMLA) leave, and her first doctor's note indicated she would need several weeks before returning to work. Her new doctor's note says she won't return for the...
The Fair Labor Standards Act (FLSA) provides some narrow exemptions that keep employers from paying overtime to certain employees who work more than 40 hours per week, including work in a bona fide "executive...
Union membership in the United States dropped to a record low in 2019, according to a recent report from the U.S. Department of Labor (DOL). Nevertheless, labor unions are still aggressively looking for new ways to...
Employers that face collective actions under the Fair Labor Standards Act (FLSA) often feel pinched. Pursuing a strong defense on the merits (or even attempting to reach an early settlement) may take a backseat to the...
The Fair Labor Standards Act (FLSA), the law that establishes federal minimum wage and overtime obligations, requires covered employers to pay most employees overtime compensation of at least 1.5 times their regular rate...
On February 27, 2020, the U.S. 9th Circuit Court of Appeals issued its second decision in the ongoing saga of Rizo v. Yovino. The question presented in the case is whether pay history alone or coupled with other factors...
Since the 2008 expansion of the Americans with Disabilities Act (ADA), increasing numbers of ADA claims have been filed by employees with mental impairments—and such claims are meeting with increasing success. The trend...
As predicted, the flood of website accessibility lawsuits is continuing in the first months of 2020 after the U.S. Supreme Court declined late last year to weigh in on whether the Americans with Disabilities Act (ADA)...
On January 20, 2020, Governor Phil Murphy signed into law a series of legislative packages aimed at combating worker misclassification and exploitation. The bills will bolster an already aggressive state department of...
In an attempt to avoid expensive court proceedings and jury trials, many employers require—or would like to require—their employees to sign agreements to arbitrate employment disputes. Unfortunately, the Arkansas...
Employers are rightfully concerned about what, if anything, they should be doing to respond to the continued spread of the coronavirus COVID-19, especially with confirmed cases in Washington, elsewhere in the United...
Age discrimination cases don't normally make front-page news. That changed in January when Chief Justice John Roberts used the viral phrase "OK, Boomer" during oral arguments before the U.S. Supreme Court in Babb v...
A recent decision from the U.S. 5th Circuit Court of Appeals (whose rulings apply to Louisiana employers) clarifies that corporate entities have standing (i.e., the authority or right) to bring claims for race...