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Supreme Court Issues Controversial Ruling On LGBT Rights (US)

In 2012, David Mullins and Charlie Craig visited a Colorado bakery to order a custom cake for their upcoming wedding reception. The owner of Masterpiece Cakeshop refused to design a wedding cake for the same-sex wedding reception, saying he would not use his artistic talents to design a cake that conveyed a message supportive of … Continue Reading

United States Supreme Court Issues “Epic” Decision for Employers

For the past six years, employers have challenged the National Labor Relations Board’s (“NLRB”) position that the National Labor Relations Act (“NLRA”) prohibits employers from requiring employees to forego class and collective action and instead individually litigate their employment-related claims.  (Our prior coverage on this issue has been extensive – see here.)  After a long … Continue Reading

NLRB Takes a Bite Out of Big Apple Restaurant, Finding Terminations Following Employee Emails Expressing Workplace Concerns Violated the NLRA (US)

A unanimous decision by a three-member panel of the National Labor Relations Board (“NLRB”) recently found a New York City restaurant to have violated the National Labor Relations Act (“NLRA” or the “Act”) when it fired four employees after each of them emailed a group of other restaurant employees and owners expressing their positions on various … Continue Reading

Welcome Katharine Liao

We are excited to welcome Katharine Liao as a partner to our Labor & Employment practice in our New York and Los Angeles offices. Her arrival plays into our firm’s continued investment in strengthening our employment capabilities, particularly in wage and hour class action litigation. Katharine will be a valuable asset on relevant issues for … Continue Reading

US Senate Confirms John Ring as NLRB Board Member

With a 50-48 vote along party lines, on April 11, 2018, the United States Senate confirmed management-side labor lawyer John Ring as the newest member of the National Labor Relations Board.  With Member Ring’s confirmation, the NLRB is now back to full strength with five members, comprised of three Republican-nominated members and two Democrat-administration appointees.  … Continue Reading

US DOL’s Voluntary Wage Underpayment Reporting Program – PAID – Now Underway

As we blogged earlier this year, in March 2018, the United States Department of Labor (DOL) announced a new program, referred to as PAID (or, Payroll Audit Independent Determination), under which employers may voluntarily apply for DOL assistance in resolving potential claims for wage underpayment under the federal Fair Labor Standards Act (FLSA).  As previously … Continue Reading

US Supreme Court Says No Overtime Pay for Auto Service Advisors

In a case of straightforward statutory interpretation, the U.S. Supreme Court held on April 2, 2018 in Encino Motorcars LLC v. Navarro that service advisors employed at car dealerships are exempt from the overtime pay requirement under the Fair Labor Standards Act (FLSA). The dispute began in 2011, when service advisors employed by Encino Motorcars, … Continue Reading

U.S. Department of Labor Announces New Pilot Employer Self-Reporting Program To Address Overtime and Minimum Wage Violations (US)

On March 6, 2018, the U.S. Department of Labor (“DOL”) announced a new, nationwide pilot program which it claims will facilitate quick and efficient resolutions of Fair Labor Standards Act (“FLSA”) minimum wage and overtime violations by allowing employers to promptly pay back wages to employees and at the same time avoid time consuming litigation … Continue Reading

NLRB Releases Slew of Advice Memoranda Providing Interpretative Guidance On Labor Issues (US)

During the first month and a half of 2018, the National Labor Relations Board (“NLRB” or “Board”) released a torrent of memoranda authored by its Division of Advice (“Advice”), a section of the NLRB’s Office of the General Counsel.  As you may have read on our blog before, Advice memoranda are issued by the NLRB’s … Continue Reading

U.S. EEOC Announces Four-Year Strategic Plan

On February 12, 2018, the U.S. Equal Employment Opportunity Commission (EEOC) approved its Strategic Enforcement Plan (SEP) for FY2018 – FY2022 (SEP).   Congress requires federal administrative agencies such as the EEOC to develop strategic plans every four years and publish their plans on their website.  The EEOC’s plan serves as a framework for the agency in … Continue Reading

Good Work, really? – the UK Government’s Response to the Taylor Review

On 7 February the UK Government published its ‘Good Work’ plan, setting out how it intends to take forward the recommendations contained in the Taylor Review of Modern Working Practices published last summer. The Review was tasked with investigating how modern working practices are having an impact on the world of work. The Government’s press … Continue Reading

Ready Or Not, Here They Come … the U.S. Department of Labor Provides Notice of Future Audits (US)

On February 1, 2018, the United States Department of Labor (“DOL”), Office of Federal Contract Compliance Programs (“OFCCP”) issued 1,000 Corporate Scheduling Announcement Letters (“CSAL”) to US federal contractor employers, indicating that the letter recipients have been selected for audit of their compliance with federal Affirmative Action regulations.  CSAL recipients were selected through the Federal … Continue Reading

Arizona Law Generally Exempts Franchisors From Being Considered Joint Employers With Franchisees (US)

In the wake of fluctuations in federal labor law, in particular, as interpreted by the National Labor Relations Board (“NLRB”), regarding who may be considered a joint or co-employer of an employee, in 2017, Arizona enacted its own joint employer law.  A.R.S. § 23-1604 makes clear that, at least under Arizona law, a franchisor is not a … Continue Reading

U.S. Department of Labor Reinstates Previously Rescinded Wage and Hour Opinion Letters (US)

On January 5, 2018, the Wage and Hour Division of the U.S. Department of Labor (DOL) reissued 17 advisory Opinion Letters that were published during the final months of former President George W. Bush’s administration, but were subsequently rescinded by the Obama administration.  Opinion Letters do not establish new law, but instead are vehicles through … Continue Reading

U.S. Department of Labor Abandons Strict, Six-Factor Intern Test In Favor Of Flexible “Primary Beneficiary” Test (US)

On Friday, January 5, 2018, the United States Department of Labor (“DOL”) issued a statement that it will no longer follow its six-factor test in determining whether an individual is a non-employee intern (rather than an employee) under the Fair Labor Standards Act (“FLSA”), and instead will apply a broader analysis commonly referred to as … Continue Reading

New NLRB General Counsel Issues Internal Memorandum Signaling Beginning of Shift in NLRB Policy

On December 1, the newly sworn-in General Counsel of the National Labor Relations Board (“NLRB” or “Board”) Peter J. Robb issued an internal NLRB memorandum (which was subsequently released to the public) that does more than just hint at changes to come in Board policy on many of the hot button issues that have been … Continue Reading

Department of Labor Takes Surprise Appeal From Texas Decision Overturning Overtime Rule

The Department of Labor (DOL) is appealing a Texas judge’s decision to toss out an Obama-era rule that would have extended overtime pay to some 4 million Americans. As we reported previously, the Secretary of Labor under former President Obama announced a rule raising the salary basis threshold for overtime exemption from $455/week to $913/week, … Continue Reading

As the Feds and California Play Tug-Of-War Over Immigration Enforcement, Are Employers Caught in the Middle?

California Governor Jerry Brown recently signed a package of bills into law, affectionately known as “Sanctuary State” legislation. Collectively, these new laws, which take effect on January 1, 2018, will prevent State and local enforcement agencies from acting as deputies for federal immigration enforcement authorities, prevent local authorities from detaining immigrants beyond scheduled release dates … Continue Reading

The Hits Keep Coming: Third Travel Ban Partially Blocked by Two Court Rulings

For the third time in 2017, US District Courts have thwarted the Trump administration’s attempt to implement a travel ban. On October 17, 2017, the US District Court for the District of Hawaii issued a temporary restraining order (“TRO”) blocking most of the restrictions President Trump laid out in his newest September 24, 2017 travel … Continue Reading

US Supreme Court to Hear Challenge to Public-Sector Union Fees

On September 28, 2017, the US Supreme Court agreed to hear a challenge to the so-called “fair share” fees public employee unions collect from non-members. The justices agreed to hear a case brought by non-union government employees in Illinois that targets fees that their state and many others compel such workers to pay to unions … Continue Reading

Senate Confirms William Emanuel as NLRB Board Member

On September 25, 2017, the U.S. Senate voted 49-47 to confirm William Emanuel to serve as a member of the National Labor Relations Board (NLRB) through August 2021.  Once sworn in, Mr. Emanuel will join fellow recently-confirmed Member Marvin Kaplan, along with current NLRB Chairman Philip Miscimarra, to form a three member Republican majority on … Continue Reading

Third Time is the Charm?: New Presidential Proclamation Replaces Expiring Portions of Travel Ban

On September 24, 2017, the White House issued a Presidential Proclamation (Proclamation Travel Ban) to replace expiring portions of the President’s March 6, 2017 Executive Order travel ban (EO Travel Ban) and expand affect countries to eight (8), up from the six countries covered by the most recent EO Travel Ban. According to the White House, the … Continue Reading
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