Insights on Labor, Employment & OSHA

Punctuated by the very public October 2017 downfall of Harvey Weinstein, dozens of employers in a wide variety of industries have faced a media storm of negative publicity due to allegations of workplace sexual harassment.

On December 5, 2017, the US Department of Labor (DOL) announced a Notice of Proposed Rulemaking (NPRM) regarding the tip regulations under the Fair Labor Standards Act (FLSA). 

Peter Robb, the new General Counsel of NLRB, issued a memorandum in December 2017 entitled “Mandatory Submissions to Advice.”

Bloomberg BNA Daily Labor Report recently profiled Arent Fox Labor & Employment partner Stewart Manela. In the article, Stewart describes some of the changes he’s observed in the legal industry over his 40-year career at Arent Fox.

California Governor Jerry Brown signed two major pieces of legislation affecting the application and hiring process for nearly all employees. AB 168 prohibits employers from seeking salary history information about an applicant for employment, among its related provisions.

the US Court of Appeals for the Seventh Circuit recently held in Severson v. Heartland Woodcraft, Inc. that a medical leave of absence of several months is not a reasonable accommodation under the Americans with Disabilities Act. 

On August 29, 2017, the White House Office of Management and Budget implemented an immediate and indefinite stay of wage data reporting requirements that the Equal Employment Opportunity Commission added to its Employer Information Report (EEO-1) in September 2016.

After more than a year of waiting, the Workers’ Compensation Board finally published the regulations implementing the New York Paid Family Leave Law, on July 19, 2017.

Complex Litigation partner, Linda Jackson, was interviewed for an article titled, “OFCCP Awarded Access to Some Personal Contact Information at Google.”

Employers with employees working pursuant to employment authorization under the Deferred Action for Childhood Arrivals program will likely have their workforce impacted by the termination of DACA.

Forty-two Arent Fox LLP attorneys have been rated as leaders in their profession by The Best Lawyers in America 2018.

When crafting employment agreements, employers should consider all relevant factors. The superior court’s decision is a cautionary tale for non-competes.

Following the lead of other states and cities, on July 19, 2017, San Francisco Mayor Ed Lee signed the “Parity in Pay Ordinance” into law.

In the first ruling of its type, the Ninth Circuit held that an employer’s attorney can be sued for retaliating against an employee who sued his client.

On June 14, 2017, Governor John Carney signed a new law that will prevent Delaware employers from requesting the salary history of job applicants.

With little fanfare or explanation, US Secretary of Labor Alexander Acosta announced on June 7, 2017 the withdrawal of the US Department of Labor’s 2015 and 2016 informal guidance on joint employment and independent contractors.

Following a recent trend that started in Massachusetts and the City of Philadelphia, New York City has become the latest jurisdiction to ban employers from inquiring about salary history for applicants.

On May 30, 2017, New York City Mayor Bill de Blasio signed into law Bill 1387-A, which prohibits covered retail employers from engaging in so-called “on-call scheduling,” a practice that is very common and in many cases critical to the industry.

Chambers USA: America’s Leading Lawyers for Business has recognized 32 Arent Fox LLP attorneys as leaders in their field.

California’s “day of rest” rules generally require employers to give employees one day off in seven days.

The increase in activism in the last year has led to questions from employers about what their rights are when employees are absent from work to attend protests or engage in other political activities.

Partner Robert Carrol was recently interviewed by Human Resource Executive following the National Labor Relations Board’s recent ruling that Verizon Wireless Inc. maintained numerous handbook rules that were too restrictive on employee communications and behavior.

On February 16, 2017, District of Columbia Mayor Muriel Bowser signed the Fair Credit in Employment Amendment Act of 2016, which amends the DC Human Rights Act of 1977 to prohibit employers from discriminating against employees and applicants based on their credit information.

On January 31, 2017, the General Counsel of the National Labor Relations Board released an official memorandum declaring that scholarship football players at some of the most elite college programs are employees under the National Labor Relations Act.