At President Joe Biden’s urging, three arms of the federal government issued high-visibility vaccine mandates over the last several months. On September 9, 2021, the Biden administration issued Executive Order 14042, which...more
This edition of Employment Flash summarizes key employment law issues, including the Department of Labor's proposal for determining independent contractor status, revised DOL regulations that clarify who qualifies for...more
10/16/2020
/ Administrative Procedure Act ,
Amended Rules ,
Arbitrary and Capricious ,
Bias ,
California ,
California Family Rights Act (CFRA) ,
Collective Redundancies Directive ,
Coronavirus/COVID-19 ,
Delivery Drivers ,
Department of Labor (DOL) ,
Earned Sick and Safe Time Act ,
Economic Realities Test ,
Electronic Protected Health Information (ePHI) ,
Employee Benefits ,
Employee Privacy Rights ,
Employee Training ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Federal Bans ,
Federal Contractors ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
France ,
Germany ,
Governor Newsom ,
Independent Contractors ,
International Labor Laws ,
Joint Employers ,
Local Ordinance ,
LPTA ,
Mayor de Blasio ,
Mileage Reimbursement ,
New Rules ,
New York ,
NLRB ,
Non-Compete Agreements ,
Occupational Exposure ,
OFCCP ,
Paid Sick Leave ,
Pay Data ,
Proposed Rules ,
Reasonable Accommodation ,
Reduction in Hours ,
Remote Working ,
Ridesharing ,
Safe Time ,
Sick Leave ,
State Labor Laws ,
Trump Administration ,
UK ,
Virus Testing ,
Workplace Safety
This edition of Employment Flash looks at recent NLRB activity, including its issuance of a decision suggesting two members would be willing to reconsider a precedent regarding surveillance of employees’ union activity. We...more
12/13/2019
/ Appeals ,
Arbitration ,
Arbitrators ,
Ballot Measures ,
Bipartisan Agreement ,
Burden of Proof ,
Dynamex ,
EEO-1 ,
Employee Monitoring ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
EU ,
Exemptions ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Governor Vetoes ,
H-1B ,
Independent Contractors ,
Joint and Several Liability ,
Judicial Review ,
Minimum Salary ,
Multiemployer Plan ,
NLRB ,
Non-Compete Agreements ,
NYHRL ,
OFCCP ,
Offer of Judgment ,
Pay Data ,
Private Equity Funds ,
Repeal ,
Rescission ,
Retaliation ,
Retroactive Application ,
Right to Picket ,
Sexual Harassment ,
State Labor Laws ,
Strict Liability ,
Sun Capital Partners ,
Title VII ,
Trump Administration ,
Union Organizers ,
Whistleblower Protection Policies ,
White-Collar Exemptions
This edition of Employment Flash looks at a series of recent NLRB decisions, many of which apply to all employers, not just those with unionized employees. We also discuss other U.S. federal and state labor and...more
9/26/2019
/ Anti-Discrimination Policies ,
Bonuses ,
CA Supreme Court ,
Choice-of-Law ,
Class Action ,
Competition ,
Contract Modification ,
Data Collection ,
Deadlines ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Domestic Violence ,
Dynamex ,
EEO-1 ,
Employee Training ,
Employer Liability Issues ,
Employment Contract ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Fair Workweek ,
Family and Medical Leave Act (FMLA) ,
Federal Contractors ,
Federal Labor Laws ,
Highly Compensated Employees ,
Independent Contractors ,
Local Ordinance ,
Mandatory Arbitration Clauses ,
Minimum Salary ,
Misclassification ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Non-Exempt Employees ,
Non-Union ,
NYCHRL ,
Opinion Letter ,
Over-Time ,
Private Attorneys General Act (PAGA) ,
Public Schools ,
Reporting Requirements ,
Sexual Abuse ,
Sexual Harassment ,
Social Media Policy ,
State Labor Laws ,
Unilateral Modification ,
Union Membership ,
Unpaid Wages ,
Wage and Hour ,
White-Collar Exemptions ,
Work Schedules
This edition of Employment Flash looks at developments in labor and employment law, including regarding a DOJ appeal of the EEOC's heightened pay reporting requirements, the NLRB's decision narrowing the circumstances under...more
5/29/2019
/ ABC Test ,
Appeals ,
Arbitration Agreements ,
Breastfeeding ,
Class Arbitration ,
Classification ,
Common Law Test ,
Consent ,
Department of Labor (DOL) ,
Disability Discrimination ,
Drivers ,
Drug Testing ,
Economic Realities Test ,
EEO-1 ,
Employee Commissions ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay Report ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Federal Contractors ,
Final Guidance ,
Gender-Based Pay Discrimination ,
Gig Economy ,
Hairstyle Discrimination ,
Independent Contractors ,
Job Applicants ,
Lamps Plus Inc v Varela ,
Memorandum of Guidance ,
National Origin Discrimination ,
NLRA ,
NLRB ,
No-Match Letters ,
NYCHRL ,
NYHRL ,
OMB ,
Over-Time ,
Race Discrimination ,
Retroactive Application ,
SCOTUS ,
Sexual Harassment ,
Social Security Administration (SSA) ,
Successor Bar Doctrine ,
Training Requirements ,
Uber ,
Union Dues ,
Unions
This edition of Employment Flash looks at developments in labor and employment law, including with respect to minimum salary thresholds for the DOL's new overtime rule, the EEOC's collection of compensation data for increased...more
3/25/2019
/ Anti-Harassment Policies ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
EEO-1 ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Federal Contractors ,
Gender Expression ,
Gender Identity ,
H-1B ,
Independent Contractors ,
Lobbying ,
Medical Leave ,
Minimum Salary ,
NLRB ,
Non-Disclosure Agreement ,
Non-Union ,
NYCHRL ,
OMB ,
On-Call Employees ,
Opinion Letter ,
Paid Family Leave Law ,
Paid Leave ,
Pay Transparency ,
Preemption ,
Reporting Requirements ,
Retail Workers ,
Settlement Agreements ,
State Labor Laws ,
Union Dues ,
USCIS ,
Wage and Hour ,
White-Collar Exemptions
On September 20, 2018, Skadden hosted the webinar “Equal Pay Audit: Current State of the Law.” The panelists were Karen Corman, Skadden labor and employment partner; Robin Quittell, managing director, chief human resources...more
10/4/2018
/ #MeToo ,
Audits ,
Best Practices ,
Defense Strategies ,
Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Federal Contractors ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Lilly Ledbetter ,
NLRA ,
NLRB ,
Pay Equity Laws ,
Pay Transparency ,
Remedies ,
Salary/Wage History ,
State Labor Laws ,
Title VII
This edition of the Employment Flash looks at the new Department of Labor directive regarding contractor compensation practices; recent NLRB developments, including a draft rule regarding joint employment; the rise of...more
9/27/2018
/ Breastfeeding ,
CA Supreme Court ,
Class Action ,
Compensation ,
De Minimus Doctrine ,
Decertification ,
Department of Labor (DOL) ,
DLSE ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
FEHA ,
Immigration Procedures ,
Interactive Process ,
International Labor Laws ,
Joint Employers ,
Misclassification ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
NYCHRL ,
OFCCP ,
Off-The-Clock ,
Paid Sick Leave Act ,
Popular ,
Reasonable Accommodation ,
Securities Litigation ,
Sexual Harassment ,
State Labor Departments ,
State Labor Laws ,
Uber ,
Wage and Hour ,
Work Schedules
Supreme Court Adopts Deferential Standard of Review for EEOC Cases -
On April 3, 2017, in McLane v. EEOC, 137 S.Ct. 30 (2016), the U.S. Supreme Court ruled that appellate courts should review lower court decisions to...more
5/1/2017
/ Congressional Review Act ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
Fraud and Abuse ,
H-1B ,
Local Ordinance ,
McLane Co. v EEOC ,
OSHA ,
Paid Family Leave Law ,
Salary/Wage History ,
SCOTUS ,
Sexual Orientation Discrimination ,
Split of Authority ,
Standard of Review ,
State Labor Laws ,
Subpoenas ,
Title VII ,
Trump Administration ,
USCIS ,
Work Visas ,
Workplace Illness and Injury Reporting
Spotlight on Whistleblower Protections -
On October 24, 2016, the Securities and Exchange Commission (SEC) issued a “risk alert” regarding SEC registrants’ compliance with Rule 21 F-17, which implements Section 21F of...more
10/31/2016
/ Acquiescence ,
Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Defend Trade Secrets Act (DTSA) ,
Educational Institutions ,
Employee Restrooms ,
Employment Contract ,
Equal Employment Opportunity Commission (EEOC) ,
EU ,
Fair Pay Act ,
Federal Contractors ,
France ,
Freedom To Work Act ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
LGBTQ ,
Minimum Wage ,
NCAA ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Private Attorneys General Act (PAGA) ,
SEC Examination Priorities ,
Securities and Exchange Commission (SEC) ,
Sharing Economy ,
Sick Leave ,
Student Athletes ,
Transgender ,
Transportation Industry ,
Uber ,
UK ,
UK Brexit ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers
The August 2016 edition of Employment Flash covers a number of developments, including the U.S. Supreme Court's ruling on when the clock starts ticking on the filing period for constructive discharge claims; the Department of...more
8/19/2016
/ Ambush Election Rules ,
Attorney's Fees ,
Benefit Plan Sponsors ,
Constructive Discharge ,
Defend Trade Secrets Act (DTSA) ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Gender Discrimination ,
Green v Brennan ,
Minimum Wage ,
NLRB ,
OSHA ,
Over-Time ,
Paid Leave ,
Parental Leave ,
Pensions ,
Resignation ,
Rounding ,
SCOTUS ,
Sexual Orientation Discrimination ,
Statute of Limitations ,
Wellness Programs ,
White-Collar Exemptions ,
Workplace Injury
In This Issue:
- Supreme Court Rejects Security Screening Time Pay
- NLRB Finalizes Union Election Rule
- NLRB Reverses Employers’ Ability To Ban Employee Nonwork Email Use
- EEOC Challenges Employer...more
12/24/2014
/ Amazon ,
Ambush Election Rules ,
Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
Ebola ,
Email Policies ,
Employer Liability Issues ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Health Care Providers ,
Immigration Reform ,
Integrity Staffing v Busk ,
Joint Employers ,
McDonalds ,
Minimum Wage ,
NLRB ,
SCOTUS ,
Security Checks ,
Sex Discrimination ,
Sick Leave ,
Union Elections ,
Unions ,
Wellness Programs