Inflation Reduction Act
California Supreme Court "Green Lights" Class Action Waivers in Arbitration Agreements
To listen to the podcast, please click here . Yesterday, the California Supreme Court in Iskanian v. CLS Transportation , a case involving state wage and hour claims, recognized that the U.S. Supreme Court's 2011 Concepcion decision effectively invalidated the...
Thinking about Hiring Interns? New Case Reminds Employers of Rules on Interns
To listen to the podcast, please click here . Following similar decisions involving Hearst Corporation and Viacom, a federal judge in the Southern District of New York recently granted conditional certification of a potential nation-wide class of approximately 3,000 current...
Obama Directs Initiative to Update FLSA Overtime Regulations Likely to Tighten White-Collar Classifications
President Barack Obama on Thursday signed a Presidential Memorandum directing the Secretary of Labor to update the Fair Labor Standards Act (FLSA) regulations governing which "white collar" employees qualify for overtime exemptions. The stated goal of the initiative is to...
The Supreme Court Extends the Sarbanes Oxley Act Whistle-Blower Protections
To listen to the podcast, please click here . On Tuesday, the U.S. Supreme Court ruled that the whistle-blower protections of Section 806 of the Sarbanes Oxley Act apply to employees of privately held companies that are contractors or subcontractors...
Fifth Circuit Upholds Arbitration Agreement Prohibiting Employee Collective or Class Action Claims
On Tuesday, the U.S. Court of Appeals for the Fifth Circuit joined the Second, Eighth and Ninth Circuits in upholding a class action waiver in an employment arbitration agreement. This is an important victory for employers in managing risks associated...
D.C. Circuit Halts Department of Labor's Reclassification of Loan Officers
The D.C. Circuit Court of Appeals on Wednesday handed the Mortgage Bankers Association a huge win by refusing to grant a full court review of a panel decision that struck down a 2010 U.S. Department of Labor (DOL) reclassification of...
Affordable Care Act Mandates Employer Notice of Coverage Options to Employees by October 1, 2013
Pursuant to the Affordable Care Act (ACA), individuals and employees of small businesses will be able to access health insurance coverage through a private health insurance market – the Health Insurance Marketplace – beginning on January 1, 2014. The ACA...
Supreme Court Issues Opinion Reinstating Important Tool for Employers to Defeat FLSA Collective Actions
In a major victory for employers, the U.S. Supreme Court issued an opinion today confirming employers' ability to make an "offer of judgment" to named plaintiffs who are pursuing collective actions under the Fair Labor Standards Act (FLSA). In Genesis...
USCIS Publishes New Employment Eligibility Verification Form I-9 for Use by Employers Effective Today, March 8, 2013
Today, March 8, 2013, the U.S. Citizenship and Immigration Services (USCIS) published the new version of the Employment Eligibility Verification Form I-9 (Form I-9) to be used by employers effective immediately. Employers are required to verify on the Form I-9...
Employers Must Post New FMLA Poster
No later than March 8, 2013, all employers covered by the Family and Medical Leave Act (FMLA) must display a new poster issued by the Department of Labor. The poster reflects recently adopted changes to FMLA regulations, most of which...
Federal Court Rejects ADA Suit Over Random Alcohol Testing of Probationary Plant Employees
A federal judge in Pennsylvania has dismissed an Equal Employment Opportunity Commission challenge to U.S. Steel Corporation's random alcohol testing of probationary employees at one of the company's most safety sensitive facilities. The Court's ruling in this carefully watched suit...
Supreme Court Allows Fifth Circuit Ruling on Private FLSA Settlements to Stand
On December 10, 2012, the United States Supreme Court declined to review a recent ruling of the Fifth Circuit Court of Appeals, which approved a private settlement of employees' claims for unpaid overtime under the Fair Labor Standards Act (FLSA)...
Texas Workforce Commission: New Employment Record Requirement
On September 28, 2012, the Texas Workforce Commission (TWC) proposed a new rule that would require all employers to create and maintain job descriptions for anyone who performed services for the employer over the last four years. Specifically, the TWC...
Employer's Routine Requests to Employees to Keep Internal Investigation Matters Confidential Found Unlawful by NLRB
On July 30, 2012, the National Labor Relations Board (NLRB) ruled that a non-union employer’s practice of routinely advising its employees not to discuss ongoing internal investigation matters with their coworkers violated Section 8(a)(1) of the National Labor Relations Act...