• 05.31.18

    NLRB: Rulemaking May Be Solution to Joint Employer Standard

    The National Labor Relations Board (NLRB or Board) announced that it is considering rulemaking to address the joint employer standard, launching the internal process necessary and adding the issue to its spring 2018 agenda.

  • 05.21.18

    Breaking News: Supreme Court Upholds Employment Class Action Waivers

    Today, in a significant decision for employers nationwide, a divided United States Supreme Court held in a trio of cases that employers may require employees—as a condition of employment—to enter into arbitration agreements that contain class or collective action waivers.

  • 05.16.18

    Decision Provides Successor Liability Warning for Employers

    A federal court sided with the Equal Employment Opportunity Commission (EEOC) on the question of successor liability with respect to an employer who may now be responsible for alleged actions by its predecessor in a Title VII action. 

  • 05.03.18

    California Makes Seismic Shift With New ‘ABC’ Independent Contractor Test

    In a landmark decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles (Charles Lee), the California Supreme Court adopted a new legal standard for determining whether workers should be classified as employees or as independent contractors for purposes of California wage orders ...

  • 05.03.18

    ALJ Wants Lowe’s to Talk About Salary

    Workers are allowed to discuss their salaries, a National Labor Relations Board administrative law judge (ALJ) told Lowe’s Home Centers in a decision, finding that multiple versions of the employer’s rule violated the National Labor Relations Act (NLRA).

  • 04.23.18

    Ninth Circuit: Prior Salary Can’t Justify Wage Differential

    Noting that “[s]alaries speak louder than words,” the en banc U.S. Court of Appeals, Ninth Circuit ruled that employers may not justify a wage differential between male and female employees by relying on prior salary, even in combination with other factors.

  • 04.04.18

    Inability to Work Overtime Dooms ADA Lawsuit

    Where overtime was an essential job function, the inability to work the extra hours doomed a plaintiff’s Americans with Disabilities Act (ADA) lawsuit, a federal court in Texas recently ruled.

  • 03.22.18

    California Supreme Court Provides Clarification When Calculating Overtime Rate

    In an employee-friendly opinion, the California Supreme Court set forth the calculation of a worker’s overtime pay rate when he or she has earned a flat-sum bonus during a single pay period.

  • 03.08.18

    AGs Urge Legislation Ending Arbitration for Sexual Harassment Claims

    In a letter to congressional leadership, the attorneys general of all 50 states, the District of Columbia and five territories urged lawmakers to enact legislation that would eliminate mandatory arbitration agreements when workers present sexual harassment claims.

  • 02.22.18

    In Massachusetts, ‘Wages’ Don’t Include Sick Time

    Accrued, unused sick time does not count as “wages” under state law, Massachusetts’ highest court has determined in a matter of first impression.

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