Insights on Labor, Employment & OSHA

On August 29, 2016, the Equal Employment Opportunity Commission (EEOC or Commission) issued its Final Enforcement Guidance on Retaliation and Related Issues (the Guidance).

In a 2-1 decision, a panel of the National Labor Relations Board (NLRB or Board) held that a confidentiality provision in a settlement agreement did not violate Section 8(a)(1) of the National Labor Relations Act (NLRA or Act).

In a 2-1 decision, a panel of the US Court of Appeals for the Ninth Circuit became only the second appeals court to agree with NLRB that class action waivers in employee arbitration agreements violate the National Labor Relations Act, adding greater uncertainty to this area of the law.

Forty-two Arent Fox LLP attorneys have been rated as leaders in their profession by The Best Lawyers in America 2017.

In a good outcome for employers, the US Court of Appeals for the Eighth Circuit ruled that a standalone non-compete agreement can be assigned to an asset purchaser without the employee’s consent.

On June 16, 2016, the Virginia Employment Commission (VEC) became the 31st state agency to sign a Partnership Agreement with the Wage and Hour Division of the Department of Labor (DOL) regarding the misclassification of independent contractors.

On Monday, the US Supreme Court ordered the Ninth Circuit to reconsider whether Service Advisors are exempt from overtime under the Fair Labor Standards Act.

The 2016 edition of Legal 500 US has rated 46 Arent Fox LLP attorneys as national leaders in their field. In addition, 14 of the firm’s practice areas were ranked among the best in the country.

On June 14, 2016, the US Department of Labor adopted a final rule updating sex discrimination regulations for federal contractors.

Under the federal Fair Labor Standards Act, employers must pay employees overtime based on their “regular rate.”

On June 7, 2016, the DC Council unanimously voted to increase the City’s minimum wage from the current level of $10.50 per hour to $15 per hour by 2020.

The US Department of Labor has issued much-anticipated final regulations making changes to overtime exemption requirements under the federal Fair Labor Standards Act (FLSA).

Starting January 1, 2017, larger employers with employees working in San Francisco will have to provide employees with paid parental leave to bond with a new child. On July 1, 2017, the ordinance expands to cover smaller employers.

The legally mandated paid sick leave landscape is ever-changing, with new leave laws and legislation developing at the state, federal, county, and city levels.

Whether it is proprietary information regarding customers, pricing, sourcing, product design, or manufacturing methods, trade secrets provide a competitive edge in the market by virtue of the fact that it is not generally known.

In a decision with wide potential impact, the California Supreme Court for the first time interpreted an obscure provision in the state’s wage orders requiring that employers provide employees with seats.

Arent Fox LLP Complex Litigation associate Temitope K. Yusuf was named a Rising Star by Minority Corporate Counsel Association.

Employers with employees in California, regardless of where the employer is based, should take the following steps now to ensure compliance. 

Applying an “economic reality” test derived from the Fair Labor Standards Act (FLSA), the US Court of Appeals for the Second Circuit recently ruled that an HR Director could be held personally liable for violations of the Family and Medical Leave Act (FMLA).

On February 25, 2016, the US Department of Labor (DOL) published proposed regulations implementing Executive Order 13706, which requires federal government contractors to provide covered employees with up to 7 days of paid sick leave annually, including paid leave for family care.

Continuing its increasing trend of filing lawsuits on behalf of Charging Parties on emerging issues, the US Equal Employment Opportunity Commission (EEOC) announced on March 1, 2016 that it has filed its first two sex discrimination cases based on sexual orientation.

Following a recent trend that has not been received well by the courts, a divided panel of the National Labor Relations Board invalidated an arbitration policy that required employees to waive their rights to pursue class or collective actions in employment-related claims in all forums, whether arbi

Arent Fox LLP is pleased to announce the election of its new partners and counsel, effective January 1, 2016.

On January 1, 2016, California’s Fair Pay Act (Senate Bill 358) takes effect, making it more difficult for employers to justify pay disparities between opposite sex employees.