The reverberations of the California Supreme Court’s April 2018 decision in Dynamex Operations West, Inc. v. Superior Court continue for employers in the state.
By continuing to work for a company, the plaintiff impliedly accepted an arbitration agreement, a California appellate panel has ruled, reversing the denial of a motion to compel arbitration.
In a new Advice Memorandum, the general counsel of the National Labor Relations Board (NLRB) declared that Uber drivers are independent contractors and not employees.
The U.S. Supreme Court has agreed to consider a trio of cases addressing sexual orientation discrimination next term, answering two contested questions that have split the courts.
The New York City Human Rights Law now prohibits employment-related discrimination and retaliation on the basis of an employee’s “sexual and reproductive health decisions.”
On April 9, 2019, the New York City Council overwhelmingly approved legislation that will prohibit employers from requiring prospective hires to submit to pre-employment testing for the presence of marijuana.
Discriminatory animus cannot be inferred simply because a 62-year-old employee was replaced by a 36-year-old worker for a new position that was inferior to the plaintiff’s previous job, the U.S. Court of Appeals for the First Circuit has ruled.
After several years and much uncertainty, the Department of Labor (DOL) published a new proposed rule that would raise the annual minimum salary requirement for the Fair Labor Standards Act (FLSA) “white collar” overtime exemption to $35,308, or $679 per week.
As expected, on March 7, 2019, the U.S. Department of Labor issued a Notice of Proposed Rulemaking which, if adopted, would raise the minimum salary thresholds for the FLSA’s “white collar” and “highly-compensated” exemptions.
An employer’s on-call scheduling practice triggered the reporting time pay requirements of California’s Wage Order 7, an appellate court in the state recently held, reversing dismissal of the suit.