Here’s a tip: Fifth Circuit vacates DOL’s 80/20 tip credit rule
9/16/24
By: Sunshine R. Fellows and Thomas R. Starks
What is the 80/20 tip credit rule?
An employer is allowed to credit tips towards the federal minimum wage of $7.25, reducing the minimum wage for tipped workers to as low …
Third Circuit clarifies the scope of disability coverage under the ADA, PHRA
9/12/24
The Third Circuit Court of Appeals recently issued a precedential opinion “to clarify that the ADA Amendments Act of 2008 (“ADAAA”) expanded the scope of disability coverage under the” Americans with Disabilities Act (“ADA”). In Morgan …
Texas court invalidates Federal Trade Commission ban against non-competition agreements nationwide
8/21/24
A Federal Trade Commission regulation that would have banned most non-competition agreement was invalidated yesterday by a Texas federal judge in Ryan LLC, et al. v. Federal Trade Commission, Civil Action No. 3:24-CV-00986-E (N.D. Texas …
Top five best practices for interactive processes with employees
8/12/24
By: Ryan Giggi
Attention employers! Has one of your employees recently requested an accommodation for a claimed disability? You are obligated to engage your employee in a good-faith interactive process in an attempt to reasonably accommodate that employee’s disability.
Though this task …
CA Supreme Court clarifies analysis of unconscionable terms in employment arbitration agreements
8/8/24
By Mandy D. Hexom and Daniel Parker Jett
In Ramirez v. Charter Communications, Inc., Case No. S273802, (https://www.courts.ca.gov/opinions/documents/S273802.PDF), the California Supreme Court addressed the following question: Under what circumstances should a trial court sever substantively unconscionable terms and …
California Supreme Court clarifies employer responsibilities on harassment and retaliation
8/1/24
In the recent California Supreme Court case of Bailey v. San Francisco District Attorney’s Office, the court examined critical issues related to workplace harassment and retaliation under the Fair Employment and Housing Act (“FEHA”) […
NCAA student-athletes may be employees under the FLSA
7/23/24
By: Noël Couch
The debate over whether college athletes should be paid has grown commonplace and contentious over the past decade as the business of college sports has thrived amid billion dollar television contracts and while coaches are receiving similarly …
AI for hire: The well-intentioned bias
7/17/24
As companies seek to maximize productivity and efficiency, some employers are attempting to harness the innovative power of Artificial Intelligence (AI) to find the “best” job applicants without having to spend valuable manhours sorting through applications …
7/16/24
By: Shane Miller
To avoid potential legal liability, employers must promptly respond to accommodation requests by pregnant employees.
That is the key lesson from a recent decision by the Third Circuit Court of Appeals in Peifer v. Board of Probation …
Understanding California’s new workplace violence prevention requirements
7/3/24
California employers must now comply with new legislation that aims to improve workplace safety. Senate Bill 553 (the “Workplace Violence Prevention Act” or “WVP Act”) took effect July 1, 2024, and requires employers in the state …
The Supreme Court tightens employer protections against claims for equitable relief by the NLRB
6/26/24
By: Allison H. Eddy
On June 13, 2024, the United States Supreme Court issued its opinion in Starbucks Corp. v. National Labor Relations Board, resolving a long-standing Circuit split over the test district courts must employ to evaluate petitions by …
Paying college athletes – it’s about Title IX, not titles won
6/17/24
By: Noël Couch
On the heels of the U.S. Department of Education announcing the release of its final Title IX Regulations on April 19, 2024, the NCAA and its five power conferences agreed on May 23, 2024 to a multi-billion …