An exotic dancer’s wage and hour complaint against her employer was ultimately resolved after dueling arguments over which party lost track of the clock and who waived their right to challenge an arbitration decision...
Employment Law Letter
If employees at a correctional facility were required to endure sexual harassment as part of their job, does the public facility have liability for damages? It depends on which statute has priority over the other, as...
On January 10, 2023, the U.S. Supreme Court heard oral argument in a case that—if it goes the company’s way—would give employers more leeway to circumvent the National Labor Relations Board’s (NLRB) process and go...
First, the buzz was all about “quiet quitting” as overworked employees quietly cut back on their tasks to help them cope with job stress. That trend was countered with “quiet firing” as supervisors who noticed the...
It’s early in the new year—a time when people often assess priorities and look at what to expect in the future. That goes for human resources thinkers, too. With all the change the workplace has seen over the past few...
Recent case developments in California have placed companies on alert that arbitration fees must be timely paid or else an arbitration agreement is materially breached and the right to arbitration waived. California...
The California Court of Appeal recently held that whether an employee at a fixed site not owned or leased by the employer is subject to the outside salesperson exemption is determined by the extent to which the employer...
Q: Can we ever request a non-birthing parent to take parental leave all at once or limit their intermittent leave, so they aren’t taking multiple blocks of time within the rolling 12-month period? Parental leave for...
Q: Our company wants to implement a policy to limit personal cell phone usage only to break times. Can we ask workers to put their phones in their work lockers or on their supervisors’ desks? In most jurisdictions, no...
Wisconsin’s worker’s compensation statute requires employers, absent reasonable cause, to rehire employees who suffered a workplace injury. Normally, employees need to show they reapplied to their old position to make a...
Q: Can we require independent contractors to complete the same trainings employees take (e.g., antiharassment or safety training)? Yes, businesses can and should require independent contractors to complete trainings on...
Effective December 31, 2022, the minimum wage in upstate New York (all of New York State except Nassau, Suffolk, and Westchester counties and New York City), will rise from $13.20 to $14.20 per hour. The minimum wage for...
On January 5, 2023, the Federal Trade Commission (FTC) proposed a radical and unprecedented rule that would prohibit employers from using noncompete clauses with their workers. This follows the initiation of a landmark...
The New Jersey Division on Civil Rights (DCR) recently adopted new and amended regulations concerning the "Display of Official Posters of the Division on Civil Rights” that require employers to display two updated...
In late December 2022, Congress passed—and President Joe Biden signed—a spending bill that included two laws expanding rights for pregnant and nursing employees. One of the laws, the Pregnant Workers Fairness Act (PWFA)...