Insights on Labor, Employment & OSHA

The California Supreme Court has become the most recent legal body to weigh in on the issue of franchisor liability for franchisee employment actions.

Two major department stores — Macy’s and Barneys — recently settled racial profiling investigations lodged against them by the New York State Attorney General.

On August 11, 2014, New Jersey Governor Chris Christie (R) signed “ban the box” legislation, making New Jersey the 13th state to adopt such a law.

Washington, DC

In a landmark ruling for college athletes, US District Judge Claudia Wilken ruled that the National Collegiate Athletic Association (NCAA) cannot stop players from selling the rights to their names, images, and likenesses to the schools that they attend.

On July 29, 2014, the General Counsel of the National Labor Relations Board (NLRB or Board), Richard Griffin, authorized NLRB Regional Directors to file unfair labor practice complaints against McDonald’s as an alleged “joint employer” alongside its local franchisees.

A 2014 bill protects NY unpaid interns from discrimination based on age, race, creed, color, origin, orientation, or military/domestic violence victim status.

On July 21, 2014, President Barack Obama issued an Executive Order (the Order) prohibiting employment discrimination based on sexual orientation and gender identity by federal contractors and agencies.

On July 14, 2014, the US Equal Employment Opportunity Commission (EEOC) issued a new Enforcement Guidance on “Pregnancy Discrimination and Related Issues.”

On July 14, 2014, the DC Council unanimously approved the Fair Criminal Record Screening Act (the Act) that bars private employers from asking about an applicant’s criminal conviction record until the employer has extended a conditional job offer.

In Lawson, the Court held that employees of a mutual fund, traditionally outside the coverage of Sarbanes-Oxley Act (SOX), are nonetheless protected by its whistleblower provision.

The decisions in Bloomingdale’s and Nordstrom were significant victories for employers, but the extent and consequences of these victories have yet to be seen.

The employment application process has become increasingly complex and a growing source of litigation for retailers and other employers.

Legal 500 US has rated 40 Arent Fox LLP attorneys as national leaders in their field.

In a relatively narrow ruling that may have far greater practical ramifications than constitutional ones, a unanimous US Supreme Court on Thursday struck down President Obama’s 2012 recess appointments to the National Labor Relations Board (NLRB or Board).

The settlement was denied because the opt-in collective action members would have to “not sue defendants in exchange for zero cash.”

This term, the Supreme Court docket includes a number of cases that could dramatically impact the labor and employment law landscape.

On June 12, the DOL, in conjunction with the White House, released its proposed rule that raises the minimum wage for workers on federal service and construction contracts to $10.10 per hour.

The Saks and Nordstrom cases demonstrate the continuing importance of understanding federal, state, and local wage and hour laws for all employees.

Pending changes in Obama era federal overtime exemptions and minimum wage requirements could significantly affect how employers pay their employees.

Chambers USA recognized 31 Arent Fox LLP attorneys as leaders in their field.

The United States Court of Appeals for the Fourth Circuit held that two uses of a racially offensive slur, directed against an employee by another employee were not sufficiently severe or pervasive as to change the terms and conditions of employment and thereby constitute unlawful discrimination.

In 2012, when the National Labor Relations Board launched a webpage addressing protected concerted activity, Chairman Mark Gaston Pearce declared Section 7 rights “one of the best kept secrets of the NLRA.”

Fourth Circuit Allows Hostile Work Environment Claim to Proceed Against Employer Based on Third-Party’s Actions.

Working conditions of interns have been the focus of a series of unpaid wage actions in New York City and elsewhere.