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Inflation Reduction Act
Department of Labor Releases Proposed Rule to Update White Collar Exemptions to the FLSA's Overtime Requirement
On June 30, 2015, the Department of Labor (DOL) released a Proposed Rule to update the regulations governing overtime requirements for executive, administrative, and professional employees (white collar employees). Under the Proposed Rule, the required salary level for white collar...
NLRB Broadly Expands Employee Rights to Use Company Email for Union Organizing and Other Protected Activity
To listen to the podcast, please click here . The National Labor Relations Board (NLRB) has found that employees have the right, during “nonworking time,” to use company email systems for union organizing and other activity protected under the National...
OSHA Broadly Expands Injury Reporting Requirement
To listen to the podcast, please click here . Under a new rule issued by OSHA last week, employers will be required to report to the agency any workplace incident resulting in the in-patient hospitalization of even one employee. This...
Too Late, Even If Not Too Little: Joining a National Trend, New Jersey Puts the Brakes on Driver’s Claims as Untimely based on Employment Application
When does two years become six months? When a signed employment application says it does. 1 Last month, New Jersey recognized the express lane permitting employers and employees to set their own limitations periods, even if shorter than statutory limits...
California Supreme Court "Green Lights" Class Action Waivers in Arbitration Agreements
To listen to the podcast, please click here . Yesterday, the California Supreme Court in Iskanian v. CLS Transportation , a case involving state wage and hour claims, recognized that the U.S. Supreme Court's 2011 Concepcion decision effectively invalidated the...
Thinking about Hiring Interns? New Case Reminds Employers of Rules on Interns
To listen to the podcast, please click here . Following similar decisions involving Hearst Corporation and Viacom, a federal judge in the Southern District of New York recently granted conditional certification of a potential nation-wide class of approximately 3,000 current...
Obama Directs Initiative to Update FLSA Overtime Regulations Likely to Tighten White-Collar Classifications
President Barack Obama on Thursday signed a Presidential Memorandum directing the Secretary of Labor to update the Fair Labor Standards Act (FLSA) regulations governing which "white collar" employees qualify for overtime exemptions. The stated goal of the initiative is to...
The Supreme Court Extends the Sarbanes Oxley Act Whistle-Blower Protections
To listen to the podcast, please click here . On Tuesday, the U.S. Supreme Court ruled that the whistle-blower protections of Section 806 of the Sarbanes Oxley Act apply to employees of privately held companies that are contractors or subcontractors...
Fifth Circuit Upholds Arbitration Agreement Prohibiting Employee Collective or Class Action Claims
On Tuesday, the U.S. Court of Appeals for the Fifth Circuit joined the Second, Eighth and Ninth Circuits in upholding a class action waiver in an employment arbitration agreement. This is an important victory for employers in managing risks associated...
D.C. Circuit Halts Department of Labor's Reclassification of Loan Officers
The D.C. Circuit Court of Appeals on Wednesday handed the Mortgage Bankers Association a huge win by refusing to grant a full court review of a panel decision that struck down a 2010 U.S. Department of Labor (DOL) reclassification of...
Affordable Care Act Mandates Employer Notice of Coverage Options to Employees by October 1, 2013
Pursuant to the Affordable Care Act (ACA), individuals and employees of small businesses will be able to access health insurance coverage through a private health insurance market – the Health Insurance Marketplace – beginning on January 1, 2014. The ACA...
OFCCP Requiring Contractors to Use Latest Census Data for AAPs
On May 15, 2013, the Office of Federal Contract Compliance Programs (OFCCP) posted a Notice on its website informing covered federal contractors that they will be required to use the 2006-2010 EEO Tabulation, released by the U.S. Census Bureau in...
Supreme Court Issues Opinion Reinstating Important Tool for Employers to Defeat FLSA Collective Actions
In a major victory for employers, the U.S. Supreme Court issued an opinion today confirming employers' ability to make an "offer of judgment" to named plaintiffs who are pursuing collective actions under the Fair Labor Standards Act (FLSA). In Genesis...
USCIS Publishes New Employment Eligibility Verification Form I-9 for Use by Employers Effective Today, March 8, 2013
Today, March 8, 2013, the U.S. Citizenship and Immigration Services (USCIS) published the new version of the Employment Eligibility Verification Form I-9 (Form I-9) to be used by employers effective immediately. Employers are required to verify on the Form I-9...
Employers Must Post New FMLA Poster
No later than March 8, 2013, all employers covered by the Family and Medical Leave Act (FMLA) must display a new poster issued by the Department of Labor. The poster reflects recently adopted changes to FMLA regulations, most of which...