Insights on Labor, Employment & OSHA

On July 24, the Massachusetts Legislature passed legislation that will impact many Massachusetts employers in terms of their “pay transparency practices” for current employees and future applicants.

In a recent opinion, Smith et al. v. UnitedHealth Group Inc. et al., the US Court of Appeals for the Eighth Circuit affirmed the dismissal of an Employee Retirement Income Security Act (ERISA) class action suit brought by health plan participants.

Forty years ago, the US Supreme Court’s decision in Chevron USA, Inc. v. National Resources Defense Council, 46 US 837 (1984), upended administrative law practice. In brief, that case, for which the “Chevron doctrine” is named, instructed courts to defer to an implementing agency’s reasonable interpretation of statutes under its purview. Chevron mandated a two-step process when interpreting such statutes.

This month in Pettiford v. Branded Management Group, LLC, the Massachusetts Appeals Court took a novel approach to vicarious liability, holding that the failure of a restaurant’s employees to stop the allegedly racist actions of a wayward cook created grounds for the company’s potential liability.

Employers supplementing their workforce with temporary workers may be out of luck if they wish to rely on arbitration agreements between the temporary helper and the staffing provider.

If you’ve managed a workforce during a union organizing campaign, you’re likely familiar with captive audience meetings; compulsory sessions at which managers try to persuade employees to reject the union.

On June 12, the DC City Council passed the District’s Fiscal Year 2025 (FY25) budget, which includes a 0.49% increase to the mandatory employer payroll tax to support the Universal Paid Family Leave Program.

ArentFox Schiff is pleased to announce that 20 practices and 20 attorneys have been ranked by The Legal 500 United States 2024 guide, including two Tier 1 rankings in Intellectual Property – Patents: Prosecution and Finance – Restructuring: Municipal.

On June 18, California Governor Gavin Newsom, in conjunction with other legislative, business, and labor leaders, announced a deal to significantly reform California’s Private Attorneys General Act (PAGA).

The US Supreme Court, in an 8-1 decision in Starbucks Corp. v. McKinney, ruled that federal district courts must apply a traditional four-factor test when evaluating requests for injunctive relief brought by the National Labor Relations Board (NLRB or Board).

ArentFox Schiff is pleased to announce that Firmwide Managing Partner Brian Waldman and Partner Caroline Turner English have been named to the BTI Client Service All-Stars 2024, independently researched, client-driven ranking of attorney client service.

On April 20, New York Governor Kathy Hochul signed the state’s Budget for the fiscal year 2025. This budget includes a new provision for paid prenatal personal leave, which is an amendment to Section 196-b of the New York Labor Law, also known as the New York State Paid Sick Leave Law.

ArentFox Schiff is pleased to announce that 70 attorneys were recognized as leaders in their field and 23 practices spanning the firm’s litigation, regulatory, and transactional capabilities were ranked among the best in the country in the 2024 edition of Chambers USA: America’s Leading Lawyers for Business.

On May 7, the Federal Trade Commission (FTC) published a Final Rule banning noncompete covenants for workers, including employees, independent contractors, and volunteers.

On May 16, Maryland amended its Clean Indoor Air Act by prohibiting vaping in indoor places of employment. The amendments go into effect on July 1.

In Naranjo v. Spectrum Security Services, Inc., Case No. S279397, the California Supreme Court held that if an employer in good faith believed it was providing an accurate wage statement with the requirements of Labor Code section 226, then the employer has not failed to comply with the law.

On April 23, the US Department of Labor (DOL) released a final rule significantly expanding the definition of who qualifies as a fiduciary under the Employee Retirement Income Security Act (ERISA) (the Retirement Security Rule or Final Rule).

When transferring an employee or making changes to their job duties, employers now face an increased risk of claims under Title VII.

The US Department of Labor (DOL) issued guidance this week on the impact of workplace artificial intelligence (AI) on federal labor and employment standards enforced by the Wage and Hour Division.

On April 29, the US Equal Employment Opportunity Commission (EEOC) published its final guidance on workplace harassment.

With 2024 well underway, this article highlights some of the pressing legal issues impacting the long term care and senior housing industry this year, including trends affecting the industry and emerging issues industry participants likely will face throughout the rest of 2024 and beyond.

Effective July 1, employers must pay employees a salary of at least $844 per week (equivalent to $43,888 per year) to qualify for the Executive, Administrative, Professional, Outside Sales, and Computer Employees exemptions from minimum wage and overtime under the Fair Labor Standards Act (FLSA).

On April 15, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited final rule and interpretive guidance implementing the Pregnant Workers Fairness Act (PWFA).

Today, the Federal Trade Commission adopted a final rule purporting to ban noncompete covenants for workers nationwide, which will become effective 120 days after publication in the Federal Register, unless first enjoined in long-anticipated litigation to challenge the FTC’s attempted rulemaking.

With 2024 underway, we highlight some of the most pressing legal issues facing employers this year.