Insights on Labor, Employment & OSHA: Litigation

Twenty-five Arent Fox LLP practices have been recognized in the 2020 “Best Law Firms” rankings that are published annually by US News & World Report and Best Lawyers.

WASHINGTON — Fifty Arent Fox LLP attorneys have been rated as leaders in their profession by The Best Lawyers in America 2020.

The 2019 edition of Legal 500 US has rated 49 Arent Fox LLP attorneys as national leaders in their field. In addition, 15 of the firm’s practice areas were ranked among the best in the country.

Schiff Hardin LLP has been recognized on the BTI Litigation Outlook 2019 Honor Roll in three separate areas of litigation, including Complex Employment Litigation and Complex Commercial Litigation.

On May 21, 2018, the United States Supreme Court clarified that class action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act, as set forth in the decision of three consolidated cases.

In the blink of an eye, the California Supreme Court has abandoned decades-old precedent in favor of a new “ABC Test,” which broadens the definition of employees in the employee-versus-independent contractor analysis.

The Supreme Court of Virginia reversed a lower court decision in December 2017, finding that false reps and warranties leading into an acquisition is fraud.

In a 10-3 en banc decision with numerous concurring and dissenting opinions, the US Court of Appeals for the Second Circuit recently reversed its own precedent to hold, for the first time, that discrimination on the basis of sexual orientation is prohibited by Title VII of the Civil Rights Act of 19

As non-compete agreements have become more widely used, they have also come under more scrutiny. Legislative efforts and judicial action in Illinois reflect a growing trend at the state-level to impose limitations on non-competition agreements.

On December 29, 2017, the California Court of Appeal issued a long-awaited decision confirming.

FCRA claims have been on the rise, particularly those alleging employers’ background check authorization forms contain unlawfully extraneous information.

NLRB recently overturned a case that had established a standard for evaluating the legality of employer handbook policies.

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 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.

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 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.

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 December 20, 2016, the Council of the District of Columbia voted 9-4 to approve the Universal Paid Leave Amendment Act of 2016, a landmark piece of legislation that would create one of the most generous paid family and medical leave programs in the nation.

The US District Court for the Western District of Pennsylvania recently sided with the EEOC in holding that sexual orientation discrimination is a form of sex discrimination under Title VII of the Civil Rights Act of 1964, even though the Act does not expressly state that.

Long lines and waiting for security inspections are the new normal not only at airports and stadiums, but also at office buildings and theatres—just to name a few places.

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.

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