ArticleSay What? Smaller Reporting Companies Subject To Say-On-Pay In 2013Smaller reporting companies are subject to say-on-pay and say-on- frequency votes for the first time this year.United StatesConsumer ProtectionBlank Rome LLP
ArticleCalifornia Becomes Latest State To Join Forces With The DOL To Stop Employee MisclassificationCalifornia has become the twelfth state to partner with the U.S. Department of Labor ("DOL") to combat worker misclassification. As previously reported in September 2011, the DOL and the Internal Revenue Service ("IRS") signed a Memorandum of Understanding ("MOU") to coordinate efforts to stop businesses from misclassifying employees as independent contractors. United StatesEmployment and HRBlank Rome LLP
ArticleCalifornia Court Rules That Undocumented Worker May Not Recover For Failure To Hire ClaimsOn the heels of the National Labor Relations Board's recent decision denying back pay to undocumented workers, a California Court of Appeal, in Salas v. Sierra Chemical Co., recently ruled that an undocumented worker who was not eligible to work in the United States was not legally qualified for the job and, therefore, had no recourse for his wrongful failure to hire claims.United StatesEmployment and HRBlank Rome LLP
ArticleCalifornia Governor Jerry Brown Signs New Employment-Related Laws Purportedly Aimed At Strengthening State's EconomyThis week, California's Governor, Jerry Brown, signed into law two bills that place California at the forefront of protecting employees while at the same time attempting to curtail the state's 12.1% unemployment rate.United StatesEmployment and HRBlank Rome LLP
ArticleCalifornia Supreme Court Allows Arbitration Agreements With Class WaiversThe California Supreme Court held in that a state’s refusal to enforce an arbitration agreement that waives the right to class proceedings is preempted under the Federal Arbitration Act.United StatesEmployment and HRBlank Rome LLP
ArticleDepartment Of Labor Releases Notice Of Proposed Rulemaking For Implementing FMLA Amendments For Military Caregivers And Airline Flight CrewsThe U.S. Department of Labor announced that it will publish a Notice of Proposed Rulemaking to implement and interpret new statutory amendments to the Family and Medical Leave Act (FMLA), expanding military family leave provisions and leave eligibility for airline flight crew employees. United StatesEmployment and HRBlank Rome LLP
ArticleInclement Weather Wage And Hour IssuesInclement weather can raise unique wage and hour issues under the Fair Labor Standards Act. United StatesEmployment and HRBlank Rome LLP
ArticleNew California Law Imposes Strict Penalties On Employers Who Misclassify Workers As Independent ContractorsCalifornia Governor Jerry Brown has signed into law Senate Bill 459, a law that enacts stiff penalties on employers who willfully misclassify individuals as independent contractors.United StatesEmployment and HRBlank Rome LLP
ArticleOFCCP Publishes Final Rules That Significantly Impact Federal Contractors And SubcontractorsOn September 24, 2013, the United States Department of Labor’s Office of Federal Contract Compliance Programs published final rules amending requirements for federal contractors and subcontractors under both the Vietnam Era Veterans’ Readjustment Assistance Act and Section 503 of the Rehabilitation Act.United StatesEmployment and HRBlank Rome LLP
ArticleReduced EEOC Operations During Government ShutdownOn October 1, 2013, the federal government entered its new fiscal year without Congressional agreement on a federal budget.United StatesEmployment and HRBlank Rome LLP
ArticleSecond Circuit Holds That Arbitration Agreements May Bar Title VII Pattern-Or-Practice Discrimination ClaimsThe Second Circuit's decision confirms that employee arbitration agreements may provide employers with an important tool to avoid class action discrimination claims.United StatesEmployment and HRBlank Rome LLP
ArticleSignificant Labor & Employment Decisions In Store For 2012In 2011, the Supreme Court of the United States and several state Supreme Courts issued significant labor and employment law decisions. United StatesEmployment and HRBlank Rome LLP
ArticleSupreme Court Ruling Bolsters Ability of Third Party Employees to Bring Retaliation SuitsThe Supreme Court of the United States ruled today that Title VII of the Civil Rights Act of 1964, as amended ("Title VII"), protects third party employees from retaliation in addition to the person bringing the original complaint. United StatesEmployment and HRBlank Rome LLP
ArticleWhat The Brinker Decision Means To California EmployersThis morning the California Supreme Court ruled that California employers do not have to ensure that employees perform no work during statutory meal breaks.United StatesEmployment and HRBlank Rome LLP
ArticleFERC Announces New Office To Combat Potential Cyber And Physical Security Threats To Energy InfrastructureFederal Energy Regulatory Commission Chairman Jon Wellinghoff announced the creation of the Office of Energy Infrastructure Security in a press release issued on September 20, 2012.United StatesEnergy and Natural ResourcesBlank Rome LLP
ArticleFederal Contractors Are Reminded That The Ofccp's Updated Regulations Regarding Veterans And Individuals With Disabilities Are Now In EffectAction Item: As the end of the year approaches and 2015 planning is in full-swing, federal contractors and subcontractors ("contractors") should be mindful of their affirmative action obligations including many new obligations pertaining to protected veterans and individuals with disabilities. United StatesGovernment, Public SectorBlank Rome LLP
ArticleThe United States And Cuba To Restore Diplomatic RelationsAction Item: Companies should consider how improved diplomatic relations between the United States and Cuba could impact their business and employees.United StatesInternational LawBlank Rome LLP
ArticleNYC Introduces Bills To Limit Facial Recognition In Private SectorNew York City Council ("Council") members are expected to formally introduce two Local Laws on April 27, 2023, during the next Council meeting, seeking to regulate private-sector...United StatesPrivacyBlank Rome LLP
ArticleReminder: Alert To All Brand Owners Of .xxx Domain ExtensionIn anticipation of the upcoming launch of the ICM Registry's new top level domain .xxx, which will roll out this fall, Blank Rome LLP is available to assist owners of registered trademarks United StatesIntellectual PropertyBlank Rome LLP
ArticlePublic Comment Period On DOL Proposed "White Collar" Exemption Regulations Closes With A BangWith the closing of the 60-day public comment period (on September 4, 2015) on the proposed new white collar regulations, the DOL still has a great deal of work ahead. United StatesEmployment and HRBlank Rome LLP