INTRODUCTION -
The global spread of coronavirus disease 2019 (“COVID-19”), the rise of related health and travel advisories, and the extensive media coverage about the virus undoubtedly are leaving U.S. employers concerned...more
In this episode, K&L Gates Miami partner April Boyer and associate Yamilet Hurtado discuss a number of key issues on “How To Keep Your Holiday Party Festive While Still Complying with Employment Laws”. The “most wonderful...more
12/6/2018
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Dress Codes ,
Drunk Driving ,
Employer Liability Issues ,
Employment Policies ,
Holiday Parties ,
Human Resources Professionals ,
Religious Discrimination ,
Risk Mitigation ,
Sexual Harassment ,
State Labor Laws ,
Wine & Alcohol
The U.S. Supreme Court has again emphasized that parties to arbitration agreements have great latitude in structuring their agreements, including the ability to require bilateral — as opposed to class — arbitration. ...more
6/4/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
NLRA ,
NLRB ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS
Employers that have class- or collective-action waivers in their employee arbitration agreements (or are contemplating implementing them) need not wait much longer for the U.S. Supreme Court to decide whether such waivers are...more
Congress created the first statutory private federal cause of action for trade secret misappropriation when it enacted the Defend Trade Secrets Act (“DTSA”) on May 11, 2016. Although the DTSA has some material differences...more
The United States Supreme Court recently granted certiorari in a trio of cases—Epic Systems Corp. v. Lewis, No. 16-285; Ernst & Young LLP v. Morris, No. 16-300; and NLRB v. Murphy Oil USA Inc., No. 16-307—to decide on a...more
1/30/2017
/ Arbitration ,
Arbitration Agreements ,
Certiorari ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Ernst & Young ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
Murphy Oil USA ,
NLRA ,
NLRB ,
SCOTUS
On September 19, 2016, Seattle became the second local jurisdiction to enact a “predictive scheduling” or “secure scheduling” ordinance that allows the jurisdiction to restrict how retailers and restaurants schedule their...more
It has been nearly five months since President Obama signed the federal Defend Trade Secrets Act (“DTSA”) on May 11, 2016, extending federal protection to trade secrets. In the past few months, employers around the country...more
The spread of the Zika virus across South and Central America, Mexico, and the Caribbean as well as locally acquired infections in parts of the United States, raises various issues for employers. On January 22, 2016, the...more
9/29/2016
/ Americans with Disabilities Act (ADA) ,
Business Travel ,
Centers for Disease Control and Prevention (CDC) ,
Family and Medical Leave Act (FMLA) ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Popular ,
Pregnancy ,
Workplace Safety ,
World Health Organization ,
Zika
Employers in the hospitality industry should act now to address recent changes to the overtime exemptions for “white collar” employees. Last month, the U.S. Department of Labor (DOL) published its highly anticipated final...more
The United States Supreme Court recently ruled in Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146, --- S. Ct. ---, 2016 WL 1092414 (U.S. Mar. 22, 2016), as to when a plaintiff may use statistical sampling in seeking to certify a...more
3/31/2016
/ Admissible Evidence ,
Class Action ,
Class Certification ,
Daubert Standards ,
Doffing ,
Donning ,
Fair Labor Standards Act (FLSA) ,
SCOTUS ,
Statistical Sampling ,
Tyson Foods v Bouaphakeo ,
Unpaid Overtime ,
Wage and Hour
For years, it has been widely understood that federal law prohibits employers from making decisions on the basis of certain protected characteristics, such as race, religion, or sex. Historically, the inclusion of “sex” in...more
Hearing oral arguments on April 21, 2014, the United States Supreme Court has waded into the contentious world of food labeling in the case of Pom Wonderful LLC v. Coca-Cola Co. While the facts of Pom may present a...more
On March 7, 2013, the Florida Supreme Court in Tiara Condominium Assoc., Inc. v. Marsh & McLennan Companies, Inc. expressly limited the application of the economic loss rule to products liability cases. 2013 WL 828003 (Fla....more