Perspectives on Labor, Employment & OSHA

On June 16, 2016, the Virginia Employment Commission (VEC) became the 31st state agency to sign a Partnership Agreement with the Wage and Hour Division of the Department of Labor (DOL) regarding the misclassification of independent contractors.

On Monday, the US Supreme Court ordered the Ninth Circuit to reconsider whether Service Advisors are exempt from overtime under the Fair Labor Standards Act.

The 2016 edition of Legal 500 US has rated 46 Arent Fox LLP attorneys as national leaders in their field. In addition, 14 of the firm’s practice areas were ranked among the best in the country.

On June 14, 2016, the US Department of Labor adopted a final rule updating sex discrimination regulations for federal contractors.

Under the federal Fair Labor Standards Act, employers must pay employees overtime based on their “regular rate.”

On June 7, 2016, the DC Council unanimously voted to increase the City’s minimum wage from the current level of $10.50 per hour to $15 per hour by 2020.

The US Department of Labor has issued much-anticipated final regulations making changes to overtime exemption requirements under the federal Fair Labor Standards Act (FLSA).

Starting January 1, 2017, larger employers with employees working in San Francisco will have to provide employees with paid parental leave to bond with a new child. On July 1, 2017, the ordinance expands to cover smaller employers.

The legally mandated paid sick leave landscape is ever-changing, with new leave laws and legislation developing at the state, federal, county, and city levels.

Whether it is proprietary information regarding customers, pricing, sourcing, product design, or manufacturing methods, trade secrets provide a competitive edge in the market by virtue of the fact that it is not generally known.

In a decision with wide potential impact, the California Supreme Court for the first time interpreted an obscure provision in the state’s wage orders requiring that employers provide employees with seats.

Arent Fox LLP Complex Litigation associate Temitope K. Yusuf was named a Rising Star by Minority Corporate Counsel Association.

Employers with employees in California, regardless of where the employer is based, should take the following steps now to ensure compliance. 

Applying an “economic reality” test derived from the Fair Labor Standards Act (FLSA), the US Court of Appeals for the Second Circuit recently ruled that an HR Director could be held personally liable for violations of the Family and Medical Leave Act (FMLA).

On February 25, 2016, the US Department of Labor (DOL) published proposed regulations implementing Executive Order 13706, which requires federal government contractors to provide covered employees with up to 7 days of paid sick leave annually, including paid leave for family care.

Continuing its increasing trend of filing lawsuits on behalf of Charging Parties on emerging issues, the US Equal Employment Opportunity Commission (EEOC) announced on March 1, 2016 that it has filed its first two sex discrimination cases based on sexual orientation.

Following a recent trend that has not been received well by the courts, a divided panel of the National Labor Relations Board invalidated an arbitration policy that required employees to waive their rights to pursue class or collective actions in employment-related claims in all forums, whether arbi

Arent Fox LLP is pleased to announce the election of its new partners and counsel, effective January 1, 2016.

On January 1, 2016, California’s Fair Pay Act (Senate Bill 358) takes effect, making it more difficult for employers to justify pay disparities between opposite sex employees.

Employers should be aware of several important changes to federal and New York wage and hour laws, effective December 31, 2015 and January 1, 2016.

On December 16, 2015, the United States Court of Appeals for the Ninth Circuit denied a group of former student-athletes’ bid to rehear the court’s earlier decision that student-athletes do not have to be compensated beyond the cost of attending college.

By January 1, 2016, all employers  in the District of Columbia with 20 or more employees must provide certain transportation benefits to their employees who work in the District.

Effective January 1, 2016, New York City’s Commuter Benefits Law requires that non-government employers with 20 or more full-time non-union employees in New York City must offer all full-time employees the opportunity to use pre-tax income to purchase certain transportation benefits.

Urban Outfitters, Inc. recently settled an overtime wage and hour class action brought by one of its employees who alleged that he and others similarly situated were forced to work overtime without appropriate pay and that the Company violated a number of other California labor laws.