Employment Law Letter

A California employer recently learned the hard way that a competent legal strategy for defending against a Fair Labor Standards Act (FLSA) claim shouldn’t include hiring a supposed priest to dupe employees. And, yes...

A retaliation claim can be successful even when the original discrimination claim fails to establish a violation of law. The same laws—federal and typically state laws—that prohibit discrimination based on race, color...

In a recent case before a state appeals court, the Wisconsin Labor and Industry Review Commission (LIRC) appealed a circuit court ruling, reversing its determination that an employee hadn’t suffered a mental injury...

As a result of the 2022 election, the Democratic party took control of the Michigan House and Senate. This, combined with a sitting Democratic governor, set the stage for employee-friendly changes and proposals in...

When key managerial employees leave and other employees (and business) soon follow, employers often suspect the departed managers improperly solicited their colleagues, solicited customers, and/or stole proprietary...

On October 16, 2022, the U.S. Court of Appeals for the Second Circuit (which covers New York) reinstated an overtime pay claim by former employees of a high-end fashion retailer in New York. The employees alleged their...

On October 17, 2023, the U.S. Court of Appeals for the Second Circuit (which includes New York state) rendered a decision in a case that presented questions of what an employer must prove to establish affirmative...

On August 30, 2023, the U.S. Department of Labor (DOL) announced a much-anticipated notice of proposed rulemaking (NPRM) that, if implemented, would increase the minimum salary for exemption under the Fair Labor...

The Fair Labor Standards Act (FLSA) requires an employer to pay overtime for activities that are merely incidental to employees’ core job responsibilities when the employer elects—either by contract, custom, or practice...

On October 1, 2023, revisions to the California Fair Chance Act (FCA) went into effect. Since 2018, the FCA has governed how and when employers may inquire about and consider job applicants’ criminal history. With these...

A former employee of Browns Living, LLC, filed a federal lawsuit in Wisconsin, alleging the assisted living management company unlawfully terminated her employment because of race discrimination in violation of Title VII...

The Massachusetts Department of Family and Medical Leave has issued some updates that are important for employers to know. The department administers the Paid Family and Medical Leave (PFML) law, under which employees...

Marijuana and attention to detail are not generally found in the same sentence. A failure to pay attention to the most basic detail in a pair of arbitration agreements meant that the claims of two cannabis company...

A recent unpublished decision provides some solace to employers who rankle over being subjected to untrue liability claims. The case shows that it’s one thing to make the claim, and another to be believed by the trier of...

The California Legislature has been extremely busy in 2023, passing scores of employment bills. Governor Gavin Newsom recently signed over 150 of those bills into law, keeping faith with his proemployee constituency...