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Workplace law is changing at a rapid pace. Our attorneys stay on the cutting edge of the law and take pride in sharing their knowledge through timely and insightful updates.

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February 15, 2019

Labor Board Returns to Pre-2014 Test for Determining if Individual Is an Independent Contractor

February 15, 2019

The National Labor Relations Board (NLRB) has held that in deciding whether an individual is an independent contractor or an employee, it will return to focusing on the extent to which the arrangement between the ostensible employer and the alleged employee provided an “entrepreneurial opportunity” to the individual, overruling a 2014... Read More

February 14, 2019

Rumors and Gossip in Workplace Can Create Employer Liability for Harassment, Fourth Circuit Holds

February 14, 2019

Employers may be liable under Title VII of the Civil Rights Act for failing to effectively address and stop gossip and rumors of an alleged sexual relationship between a female employee and a male supervisor, the federal appeals court in Richmond has held. Parker v. Reema Consulting Servs., No. 18-1206 (4th Cir. Feb. 8, 2019). This is... Read More

February 14, 2019

Top Five Labor Law Developments for January 2019

February 14, 2019

The National Labor Relations Board (NLRB) reinstated its pre-2014 standard for determining whether an individual is an independent contractor or an employee. SuperShuttle DFW, Inc., 367 NLRB No. 75 (Jan. 25, 2019). The NLRB determined that the employer’s shuttle van drivers were not employees, but independent contractors. Thus, they... Read More

February 11, 2019

California’s Reporting Time Pay Applies to Telephone Calls to Confirm Scheduled Shifts

February 11, 2019

For more than 75 years, California’s Wage Order No. 7 has required employers to compensate employees with reporting time pay if employees are required to report for work and in fact show up, but are then provided less than an established minimum number of hours of work or are provided with no work at all. Instead of actually requiring... Read More

February 4, 2019

Amendment to New Jersey Anti-Discrimination Law Poses Challenges to Using Non-Disclosure and Jury Trial Waiver Provisions

February 4, 2019

An amendment to the New Jersey Law Against Discrimination (LAD) to prohibit enforcement of non-disclosure provisions in certain agreements, including employment contracts and settlement agreements, has been passed by the New Jersey Legislature. The amendment could also potentially impact use of jury trial waivers, given the LAD’s jury... Read More

February 4, 2019

State Legislators React to Proposed Federal Title IX Regulations with State Law Proposals

February 4, 2019

While college, universities and educational professionals await the Department of Education’s (DOE) proposed new Title IX regulations, which will dictate a revised process by which allegations of sexual misconduct must be handled, the state legislatures in Missouri and Arizona are currently considering legislation that would adopt many... Read More

February 1, 2019

New York Legislative Update — 2019 Starts With a Roar

February 1, 2019

The New York State Legislature gaveled in for the 2019-2020 Legislative Session on January 9, 2019, with Democrats in control of all three chambers of New York State government for the first time since the 2008-2009 session. As expected, the Democrats are flexing their muscles and progressive legislation traditionally stalled in a... Read More

January 31, 2019

Indiana Supreme Court Rules Driver Not Employee of Business Connecting Drivers with Customers

January 31, 2019

A driver who delivers recreational vehicles or trucks under a company’s authority is an independent contractor, not an employee, for purposes of the Indiana Unemployment Compensation Act, the Indiana Supreme Court has ruled. Q.D.-A, Inc. v. Indiana Dep’t of Workforce Dev., No. 19S-EX-43 (Jan. 23, 2019). Resolving conflicting lower... Read More

January 29, 2019

Labor Board Narrows What May Be Considered Concerted Activity

January 29, 2019

The National Labor Relations Board (NLRB) has narrowed the circumstances under which a complaint made by an individual employee is considered concerted activity under Section 7 of the National Labor Relations Act (NLRA). Alstate Maintenance, LLC, 367 NLRB No. 68 (Jan. 11, 2019). In doing so, the Board reaffirmed and applied the... Read More

January 28, 2019

Employer Use of Criminal Records of Applicants Limited in U.S. Virgin Islands

January 28, 2019

All public and private employers in the U.S. Virgin Islands, regardless of size, are barred from asking applicants to disclose information on an arrest that did not result in a conviction or in which the conviction was dismissed or sealed. Act No. 8134, which amends Title 24 of the Virgin Islands Code Chapter 17, broadly prohibits... Read More

January 28, 2019

California Consumer Privacy Act: FAQs for Employers

January 28, 2019

Data privacy and security regulation is growing rapidly around the world, including in the United States. In addition to strengthening the requirements to secure personal data, individuals are being given an increasing array of rights concerning the collection, use, disclosure, sale, and processing of their personal information.... Read More

January 28, 2019

Massachusetts Releases Draft Regulations, Contribution Rates for State Paid Family and Medical Leave

January 28, 2019

The Massachusetts Department of Family and Medical Leave has released draft regulations for the Massachusetts Paid Family and Medical Leave Act (G.L. c. 175M). The proposed regulations, released on January 23, 2019, track many of the statute’s requirements. In addition to the draft regulations, the Department provided information on the... Read More

January 25, 2019

Wage and Hour Developments 2018: A Year in Review

January 25, 2019

The law regulating the payment of wages and work hours is a vibrant area: the “fight for $15.00”; battles over who can receive tips (and whether the tip credit should be eliminated entirely); whether workers should be given additional pay when employers cancel shifts and fail to provide “predictive schedules”; and what should happen to... Read More

January 25, 2019

Actual Harm Not Required to Sue Under Illinois Biometric Information Privacy Law

January 25, 2019

The Illinois Supreme Court has ruled that individuals need not allege actual injury or adverse effect, beyond a violation of his or her rights under the Illinois Biometric Information Privacy Act (BIPA), in order to qualify as an “aggrieved” person and be entitled to seek liquidated damages, attorneys’ fees and costs, and injunctive... Read More

January 24, 2019

IRS Notice 2019-9 Provides Interim Guidance for Tax-Exempt Organizations Paying Excess Executive Compensation

January 24, 2019

The IRS has released a technical interim guidance on Section 4960, which was added to the Internal Revenue Code of 1986, as amended, as part of the Tax Cuts and Jobs Act. Very generally, Section 4960 imposes an excise tax in an amount equal to the corporate tax rate (currently, 21 percent) on that portion of a covered employee’s pay that... Read More

January 23, 2019

U.S. House Committee to Focus on Workforce Protections

January 23, 2019

Signaling a renewed emphasis on workforce protections at the opening of the 116th Congress, the U.S. House of Representatives has changed the name of its committee with jurisdiction over labor matters back to the Committee on Education and Labor. It was called the Committee on Education and the Workforce when Republicans held the... Read More

January 22, 2019

Remembering Dr. Bernice Sandler, Champion of Title IX

January 22, 2019

Dr. Bernice Sandler, a prominent activist for gender equality, passed away on January 5, 2019, at the age of 90. Dr. Sandler is well known for her efforts to increase gender equality in education. She was also a vital figure in the development and implementation of Title IX of the Education Amendments of 1972. Dr. Sandler began her... Read More

January 16, 2019

Supreme Court: Interstate Transport Companies’ Independent Contractor-Drivers are Exempt from FAA

January 16, 2019

In New Prime, Inc. v. Oliveira, the U.S. Supreme Court held that the Federal Arbitration Act’s (FAA) Section 1 exemption applies to transportation workers, regardless of whether they are classified as independent contractors or employees. No. 17-340 (Jan. 15, 2019). By its terms, the FAA does not apply to “contracts of employment of... Read More

January 10, 2019

Massachusetts Sets Date for Publication of Draft Regulations on Paid Family and Medical Leave

January 10, 2019

The newly-created Massachusetts Department of Family and Medical Leave has stated that it plans to publish draft regulations for the recently enacted Massachusetts Paid Family and Medical Leave Law no later than January 23, 2019.  In addition, the Massachusetts Department of Family and Medical Leave has scheduled a number of public... Read More

January 8, 2019

Top Five Labor Law Developments for December 2018

January 8, 2019

A U.S. Circuit Court of Appeals partially upheld the Obama-era standard the National Labor Relations Board (NLRB) adopted for determining whether two entities are joint employers under the National Labor Relations Act (NLRA). Browning-Ferris Industries of Cal., Inc. v. NLRB, No. 16-1028 (D.C. Cir. Dec. 28, 2018). The case came before... Read More

Showing 1-20 of 4218