Employment Law Letter

9th Circuit says prior pay isn't 'legitimate factor other than sex'

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...

Mar 31, 2020 · Employment Law Letter · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia · Midwest · Arkansas · Kansas · Missouri · Oklahoma · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington

9th Circuit affirms double damages, interest awards for willful FLSA violations

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...

7th Circuit 'Likes' curbs on notice to employees bound to arbitration

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...

5 tips to help keep your workplace union-free

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...

2nd Circuit rules on FLSA 'professional exemption' for consulting nurse

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...

NYCCHR puts out new independent contractor, freelancer guidance

In October 2019, the New York City Human Rights Law (NYCHRL) was amended to extend its protections to independent contractors and freelancers. Under the amendments, the NYCHRL applies to employers of four or more...

Mar 31, 2020 · Employment Law Letter · New York

Kansas v. Garcia recaps employer hiring obligations

The U.S. Supreme Court recently reinstated the convictions of three unauthorized workers for identity theft in the workplace. This case reminds of us the importance of solid hiring procedures and training, as well as the...

Mar 31, 2020 · Employment Law Letter · Texas

How one e-mail could cost your company millions of dollars

What seemed to be an ordinary business transaction cost a Toyota subsidiary $37 million last year. But that “business transaction” turned out to be a scam. Unfortunately, companies all over the world have been victimized...

Mar 31, 2020 · Employment Law Letter · Texas

Getting Trumped: Court tosses out arbitrator's award based on violation of NDA

Public policy generally favors the arbitration of disputes, and the right to arbitrate is protected by the Federal Arbitration Act (FAA). New York and federal courts rarely vacate (overturn) or modify arbitration awards...

Mar 31, 2020 · Employment Law Letter · New York

Employers, be warned: COVID-19 layoffs may require advanced notice to employees

Many employers that have been negatively affected by Texas county "shelter-in-place" orders are having to make difficult business decisions and lay off employees who are unable to work. In those situations, you should...

Mar 31, 2020 · Employment Law Letter · Texas

Can you hear me now? Employer can't ban employees from using hearing aids

Most employers know that the Americans with Disabilities Act (ADA) and the New York State Human Rights Law (NYSHRL) require them to provide reasonable accommodations that enable disabled employees to perform the...

Mar 31, 2020 · Employment Law Letter · New York

Determining your response to a threat of harm

Q We have an employee who recently told several coworkers he “hates” his team members and could “blow up the building" but would give “advance notice” to people he likes. We have contacted law enforcement and placed him...

5 lessons from Austin on hiring in tight labor market

Austin, Texas, remains one of the hottest labor markets in the country, topping the Wall Street Journal's ranking of 377 metropolitan areas for the second year in a row. Inspired by the city's successes, here are five...

Mar 31, 2020 · Employment Law Letter · Texas

ACA wends its way back to the Supreme Court

he U.S. Supreme Court has agreed to hear oral arguments on religious exemptions to the Affordable Care Act's (ACA) requirement that employers cover birth control in their healthcare plans. Sixteen attorneys general filed...

Mar 30, 2020 · Employment Law Letter · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia · Midwest · Arkansas · Kansas · Missouri · Oklahoma · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington

New COVID-19 law requires paid sick, family leave

On March 18, President Donald Trump signed into law the Families First Coronavirus Response Act, which passed the Senate with a bipartisan vote of 90-8 earlier that day. The new law requires covered employers to provide...

Mar 22, 2020 · Employment Law Letter · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia · Midwest · Arkansas · Kansas · Missouri · Oklahoma · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington

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Employment Law Letter

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