Insights on Labor, Employment & OSHA: Counseling

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

In a unanimous decision authored by Justice Elena Kagan, the US Supreme Court ruled that in determining whether a party has waived its right to enforce an arbitration agreement, the party asserting waiver does not have to show that it was prejudiced.

Jane Cummings is blind and deaf, and she chiefly communicates using American Sign Language. When Cummings sought physical therapy from Premier Rehab Keller, P.L.L.C., she asked it to provide an American Sign Language interpreter at her appointments.

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.

It’s not uncommon for an employee to perform work for an employer — A — that simultaneously benefits another person — B. 

When it comes to Fair Labor Standards Act compliance, a recent Department of Labor opinion letter reminds employers that they must sweat the details.

In the wake of the “Me Too” movement and following a trend of recent legislation, on May 15, 2018, Maryland Governor Larry Hogan (R) approved the Disclosing Sexual Harassment in the Workplace Act of 2018. The Act becomes effective on October 1, 2018.

Between December 2017 and April 2018, the New York City Council, New York State Assembly, and federal lawmakers have instituted several new requirements with regards to workplace sexual harassment.

The US Department of Labor (DOL) Wage & Hour Division (WHD) recently issued an opinion letter, FLSA2018-18 with guidance concerning its obligation to compensate employee travel-time under the Fair Labor Standards Act.

The Wage and Hour Division of the United States Department of Labor announced on March 6, 2018 that it will launch a new nationwide pilot program, the Payroll Audit Independent Determination (PAID) program, which is designed to facilitate resolution of potential overtime and minimum wage violations

On February 26, 2018, the National Labor Relations Board (NLRB or Board) (3-0, Member Emanuel did not participate) issued an Order vacating the Board’s decision in Hy-Brand Industrial Contractors, Ltd. and Brandt Construction Co., 365 NLRB No. 156 (2017), in light of the determination by the Board’s

Thanks to the Maryland General Assembly’s override of Governor Larry Hogan’s veto, the Maryland Healthy Working Families Act (the Act) will go into effect on February 11, 2018, unless its implementation date is extended by the legislators.

The National Labor Relations Board has reinstated a previous long-standing rule, holding that union employers do not have to bargain over “changes” to employment terms as long as they are consistent with past practice.

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). 

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. 

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.

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.

On November 21, 2016, the US Equal Employment Opportunity Commission issued its updated enforcement guidance on national origin discrimination to replace its 2002 compliance manual section on that subject.

As states, counties and cities continue to jump on the paid sick leave bandwagon, employers must remain proactive or risk noncompliance.

On September 29, 2016, the Equal Employment Opportunity Commission announced that starting in March 2018, it will collect summary employee pay data from certain employers.

California Governor Jerry Brown recently signed Assembly Bill 1066, extending the state’s full daily and weekly overtime requirements to agricultural workers.