Insights on Labor, Employment & OSHA

On March 7, the U.S. Department of Labor (DOL) announced its long-awaited Notice of Proposed Rulemaking to increase the salary threshold for the so-called “white collar exemptions” from the Fair Labor Standards Act’s overtime pay requirements.

Revisiting an issue remaining from the last administration, the US Department of Labor (“DOL”) on Thursday evening issued a new proposed rule raising the minimum salary and compensation requirements for overtime exemptions under the federal Fair Labor Standards Act (“FLSA”).

The NYC Commission on Human Rights issued a legal enforcement guidance affirming that grooming or appearance policies that ban, limit, or otherwise restrict natural hair or hairstyles associated with Black people generally violate the NYC Human Rights Law’s anti-discrimination provisions.

On March 1, 2019, only seven days after the NLRB General Counsel issued a Memorandum taking an expansive view of Beck rights, a divided NLRB ruled that nonmember objectors cannot be compelled to pay for union lobbying expenses United Nurses & Allied Professionals (Kent Hospital).

On February 22, 2019, NLRB General Counsel Peter Robb issued a Memorandum on a union’s duty to properly notify employees of their General Motors/Beck rights and to accept dues checkoff revocations after contract expiration. Memorandum GC 19-04 (Feb. 22, 2019).

Three recent settlements between very different employers and the US Department of Justice have highlighted the need for employers to be mindful of the complex interplay between export control laws and anti-discrimination provisions in US immigration laws.

Generally, states follow the American Rule concerning attorney’s fees, where each party is responsible for paying its own fees. On occasion, however, fee-shifting exceptions for prevailing parties are built into state statutes, and one such statute is the Massachusetts Wage Act.

The core question, in Parker v. Reema Consulting Services, Inc., 2019 WL 490652 (Feb. 8, 2019), was whether a false rumor that a female employee slept with her male boss to obtain promotion can ever give rise to her employer’s liability under Title VII for discrimination “because of sex.”

California is one of a handful of states requiring employers to pay a certain minimum to employees as reporting time, or “show up,” pay. 

The US Government will begin accepting applications for new H-1B employees soon, on April 1st. So, it is time to survey potential new hires and current employees in other immigration categories (ex: F-1 OPT’s, TN’s, J-1’s, and L-1’s) to identify who will need H-1B visa’s, and start preparing for tho

The United States Court of Appeals for the First Circuit recently upheld a trial court decision in favor of JetBlue concerning the termination of a disabled employee due to her excessive absenteeism. Miceli v. JetBlue Airways Corp., No. 18-1345 (January 28, 2019).

On January 29, 2019, the Massachusetts Supreme Judicial Court expanded the circumstances under which an employer may be liable for discrimination due to an adverse action against an employee. Warren Yee v. Massachusetts State Police, SJC-12485 (Jan. 29, 2019).

When it comes to immigration worksite visits, preparation is critical. Unannounced worksite visits are on the rise, and employers should be prepared.

Alstate Maintenance, LLC, 367 NLRB No. 68 (January 11, 2019).

The Massachusetts Supreme Judicial Court recently took the unexpected action of unanimously ruling in favor of an employer in a case brought pursuant to the Massachusetts Wage Act.

WASHINGTON, DC — Arent Fox LLP is pleased to announce that 11 partners have been rated as ‘Top Lawyers’ by Washingtonian magazine. The honorees are recognized as being among the Washington, DC-area’s “star legal talent.”

When it comes to Fair Labor Standards Act compliance, a recent Department of Labor opinion letter reminds employers that they must sweat the details.

Section 16600 of the California Business & Professions Code expressly states that any contract that restrains a person from engaging in lawful business of any kind is void.

As climate change is integrated more and more into the planning of corporate opportunities and risks, the Fourth National Climate Assessment released last week may be a valuable resource to assess how climate change may impact your business strategy on the horizon.

WASHINGTON — Twenty-four Arent Fox LLP practices have been recognized in the 2019 “Best Law Firms” rankings that are published annually by US News & World Report and Best Lawyers.

Schiff Hardin announced today that the firm has received 40 top-tier rankings and national recognition for its premier practices in the 2019 edition of U.S. News – Best Lawyers® “Best Law Firms.”

Schiff Hardin LLP has been recognized on the BTI Litigation Outlook 2019 Honor Roll in three separate areas of litigation, including Complex Employment Litigation and Complex Commercial Litigation.

Partner Derek Barella was quoted on the oral arguments in the U.S. Supreme Court case New Prime Inc. v. Oliveira, which questions whether an independent owner-operator under contract with a motor carrier must take any disputes to arbitration, or instead be permitted to take grievances to court.

On October 1, 2018, the New York State Department of Labor announced its final regulations to prevent workplace harassment.

Partner Derek Barella was quoted on the oral arguments heard by the U.S. Supreme Court in New Prime Inc. v. Oliveira, a case that will decide whether independent contractors are exempt from arbitration requirements under the Federal Arbitration Act.e