ArticleTrends In Wage and Hour Settlements: 2013 UpdatePlaintiffs in wage and hour cases typically allege they did not receive full compensation for all time worked. United StatesEmployment and HRNERA
ArticleTrump Administration Continues To Reverse Obama Administration's Labor Policies, As Evidenced By Department Of Labor Withdrawing Appeal Of Persuader RuleOn November 9, 2018, the U.S. Department of Labor (DOL) withdrew its appeal of the Obama-era regulation regarding persuader activity and reporting requirements pursuant to Section 203(c) of the Labor-Management Reporting and Disclosure Act.United StatesEmployment and HR
ArticleTwo Illinois Federal Courts Rule That Illinois Whistleblower Act May Provide For Individual LiabilityTwo courts in the Northern District of Illinois recently ruled that the Illinois Whistleblower Act (IWA) (740 ILCS § 174/5) provides for individual liability. United StatesEmployment and HRProskauer Rose LLP
ArticleUnionized Employers: Review The Wage Provisions In Your Collective Bargaining AgreementsEmployers face many headaches in a unionized workplace, but one supposed benefit of a union is that it streamlines procedures across large groups of employees.United StatesEmployment and HRFoley & Lardner LLP
ArticleUnited States' FTC Ban On Non-Competes Found UnenforceableOn April 24, 2024, the Federal Trade Commission ("FTC") in the United States passed a nationwide ban on non-competes in workplaces for jobs and industries that the FTC regulates (the "Non-Compete Ban"). United StatesEmployment and HRMiller Titerle + Company
ArticleUnpaid Interns Subject To Primary Beneficiary Test Under Federal LawThree unpaid interns who worked on the Black Swan film sued Fox claiming they were owed minimum wage and overtime for their work. United StatesEmployment and HRFenwick
ArticleUnwanted Unions: May Be Harder To Shake Than Your ExNLRB General Counsel Richard Griffin wants the Board to review its current rule of permitting employers unilaterally to withdraw recognition from a union based on objective evidence that it has lost majority support.United StatesEmployment and HRSeyfarth Shaw LLP
ArticleUpcoming Webinar On October 30: Using ADR Provisions And Waivers To Mitigate Wage And Hour Class Action RisksPlease join us on October 30, 2013 at 1:00 p.m. for a Webinar on using ADR Provisions and Waivers to Mitigate Wage and Hour Class Action Risks.United StatesEmployment and HRMintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
ArticleUpdate: New Jersey Supreme Court To Address Contractually-Shortened Statute Of Limitation ProvisionsOver the summer, we posted about an interesting New Jersey appellate court decision (Rodriquez v. Raymours Furniture) enforcing a provision in a job application that reduced the period in which an employee could sue an employer to six months from the date of the adverse employment action.United StatesEmployment and HRMintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
ArticleUpdate: North Carolina Attorney General Refuses to Defend Bathroom Law Against Legal ChallengeThings seem to be developing rapidly in North Carolina.United StatesEmployment and HRFox Rothschild LLP
ArticleUpdate To Client Memorandum On Section 162(M) Of The Internal Revenue CodeOn February 4, 2008, Fried Frank issued a client memorandum describing a recent Private Letter Ruling in which the Internal Revenue Service (IRS) reversed its previous position on the effect that certain termination of employment provisions have on payments which are intended to qualify as performancebased compensation" for purposes of section 162(m) of the Internal Revenue Code of 1986, as amended (the "Code"). United StatesEmployment and HRFried Frank Harris Shriver & Jacobson
ArticleU.S. Government Adopts Final Rule To Improve Employment Eligibility Verification (I-9) ProcessThe U.S. Citizenship and Immigration Services (USCIS) has approved a final rule that it hopes will improve the Employment Eligibility Verification (Form I-9) process employers use to verify the identifies of newly hired employees and their authorization to work in the United States.United StatesEmployment and HRBarnes & Thornburg LLP
ArticleU.S. Government Formally Seeks Supreme Court Review Of Recess Appointment CaseAs noted here earlier, the government announced its intention to seek Supreme Court review of the DC Circuit decision which held that the President’s recess appointments to the NLRB were unconstitutional.United StatesEmployment and HRProskauer Rose LLP
ArticleU.S. Supreme Court Agrees To Hear Case On ERISA Statute of LimitationsThe U.S. Supreme Court has recently announced that it will take up the question of when the statute of limitations period may begin to run for filing a legal action for long-term disability benefits under an ERISA plan. United StatesEmployment and HRProskauer Rose LLP
ArticleU.S. Supreme Court Considers Whether Employees Must Be Paid For Time Spent In Security ScreeningsThe U.S. Supreme Court heard oral argument today in Integrity Staffing Solutions, Inc. v. Busk. The issue is whether employees must be paid for their time going through a security screening and waiting in line to be screened.United StatesEmployment and HRProskauer Rose LLP
ArticleU.S. Supreme Court Expands SOX Whistleblower Protection To Employees Of Private ContractorsWhistleblower protections under the SOX Act also apply to employees of private contractors and subcontractors who contract with public companies.United StatesEmployment and HRFenwick
ArticleU.S. Supreme Court Rules That Plan Terms Trump Equitable DefensesThe U.S. Supreme Court has recently issued its ruling in U.S. Airways, Inc. v. McCutchen in which the Court unanimously ruled that a clearly drafted reimbursement clause will trump all equitable defenses. United StatesEmployment and HRProskauer Rose LLP
ArticleU.S. Supreme Court Ruling May Expand Employers' Exposure To Title VII Lawsuits Over Job TransfersRecent years have seen multiple court rulings addressing whether certain allegedly discriminatory and retaliatory actions by employers that do not cause significant harm to the employee can nevertheless be the subject of a viable claim under Title VII of the Civil Rights Act of 1964 as amended. United StatesEmployment and HRLewis Brisbois Bisgaard & Smith LLP
ArticleU.S. Supreme Court To Consider Available Remedies Under ERISAOn June 18, 2007, the U.S. Supreme Court granted certiorari in the case of LaRue v. DeWolff, Boberg & Associates, Inc., No. 06 Civ. 856, thereby agreeing to consider hotly contested issues surrounding the scope of relief available to 401(k) plan participants under the Employee Retirement Income Security Act of 1974 (ERISA). United StatesEmployment and HRProskauer Rose LLP
ArticleWe Got Sued For What?Dallas Managing Partner Michael Abcarian wrote "We Got Sued for What? Tools for Dealing with Difficult Employment Situations" for Texas CEO Magazine.United StatesEmployment and HRFisher Phillips LLP