Illinois Chips Away at Use of Non-Compete Agreements for Low-Wage Earners
10/4/16
The political storm that has been brewing around the appropriate minimum wage amount now seems to have spread into the non-compete world. Last month, Illinois enacted the Freedom to Work Act, which prohibits employers from entering …
8/22/16
By: Dennis Strazulo
On July 22, 2016, Governor Brown approved Assembly Bill 2535 (AB 2535) to amend California Labor Code section 226. The amendment provides much-needed narrowing of the statute’s current requirement that an employer include hours worked on itemized …
Ninth Circuit Issues Two Significant FDCPA Rulings To Debt Collector Law Firms
8/18/16
By: Bill Buechner
The Fair Debt Collection Practices Act requires that debt collectors send a notice to the consumer containing certain required disclosures, either in the “initial communication” with the consumer in connection with the collection of a debt or …
EEOC Modifies Proposed Rule that Would Require Many Employers to Report Pay Data
7/27/16
By: Bill Buechner
On February 1, 2016, the EEOC published in the Federal Register notice of a proposed rule that would require employers with 100 or more employees to provide pay data for their employees on a revised EE0-1 form. …
Remember Your Safety P’s and Q’s – OSHA Issues New Reporting and Anti-Retaliation Regulations
7/11/16
By: Agne Krutules
On May 12, 2016, the Occupational Safety and Health Administration (“OSHA”) issued its final rules on discrimination and injury and illness reporting. 81 Fed. Reg. 29624. The new anti-discrimination and anti-retaliation rules go into …
The Ninth Circuit Gets a Mulligan
6/22/16
By: Brad Adler and Michael Hill
In February, we wrote about the U.S. Department of Labor’s unexpected decision to change the decades-long understanding of the salesman exemption to the Fair Labor Standards Act (FLSA) and the ruling of the Ninth …
New EEOC Guidance on Employer-Provided Leave Under the Americans with Disabilities Act
6/21/16
By: Michael Hill
The EEOC recently issued new guidance on employer-provided leave under the Americans with Disabilities Act (ADA), which contains useful information on the EEOC’s focus relating to providing reasonable accommodations for employees with disabilities. Employers should review their …
Employers Win a Healthy Victory Against The EEOC on Employee Wellness Programs
1/19/16
By: Amanda Cash
While the EEOC filed multiple lawsuits in 2014 challenging the employee wellness programs of three different companies, employers won a significant victory on the last day of 2015 in the wellness program arena. On December 31, 2015, …
New California Law: Requesting an Accommodation is a “Protected Activity”
10/5/15
By: Allison Shrallow
As the law now stands, it is exceedingly difficult for an employer in California to defeat a retaliation claim. To establish a prima facie case, an employee need only establish he engaged in protected activity and shortly …
New York AG Targets Rise of “On-Call” Retail Employees
4/15/15
By: Amanda M. Cash
New York’s Attorney General, Eric T. Schneiderman, recently launched an inquiry into 13 major retailers, including Gap, Abercrombie & Fitch, J. Crew Group, L. Brands, Burlington Coat Factory, TJX Companies, Urban Outfitters, Target, Sears, Williams Sonoma, …
SEC Enforcement Action Challenges Employers on Restrictive Confidentiality Agreements
4/9/15
By: Behnam Salehi
On April 1, 2015, the Securities and Exchange Commission initiated its first enforcement action, pursuant to Rule 21F-17, against an employer (KBR) for stifling protected whistleblowing through overly restrictive employee confidentiality agreements. Rule 21F-17, a whistleblower provision …
Dot Your I's and Cross your T's in Person: Complying With The I-9 "Examination" Requirement
3/23/15
Federal law requires every employer to complete Form I-9 for each new employee. As part of this process, the employer must request original documents from a list of acceptable documents that establish an employee’s identity and …
