11/7/24
Data tracking for purposes of marketing has often been debated, however, the increasing use in employment decisions has been less discussed. The Consumer Financial Protection Bureau (“CFPB”) has now issued guidance related to the use of …
Category: Employment Law Blog (US)
10/17/24
In the recent precedential decision of Rodriquez v. Se. Pennsylvania Transp. Auth., 23-3074, 2024 WL 4470830 (3d Cir. Sept. 26, 2024), the Third Circuit Court of Appeals affirmed an order of judgment as a matter of …
10/17/24
By: Sunshine R. Fellows and Thomas R. Starks
The Pregnant Workers Fairness Act (PWFA) is gaining attention with the first settlement and multiple lawsuits filed under the law, highlighting its importance and compliance requirements for employers. The PWFA was enacted …
Pittsburgh ordinance prohibits discrimination on basis of medical marijuana use
10/10/24
By: Sunshine R. Fellows, Thomas R. Starks, and Chloe C. Zidian
The evolving landscape of marijuana legislation poses challenges to employers in developing uniform employment practices respective to employee’s rights under differing federal, state, and local laws. While …
Upholding authority: The DOL’s minimum salary requirement and its implications for labor standards
10/7/24
By: Arielle E. Katz
In Mayfield and R.U.M. Enterprises, Inc. v. U.S. Dep’t of Labor, a Fifth Circuit Court of Appeals decision issued on September 11, 2024, the central issue was the Department of Labor’s (“DOL”) authority to establish …
EEOC ramps up enforcement of the Pregnant Workers Fairness Act
10/2/24
A few weeks ago, the EEOC filed the first-of-its kind lawsuit against an employer for violations of the Pregnant Workers Fairness Act (PWFA). The PWFA, which took effect in June 2023, is a federal law that …
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”) […