In Morgan v. Sundance, Inc., decided May 23, a unanimous Supreme Court addressed the standard for determining whether a party has waived its right to arbitrate a controversy by first engaging in litigation. Overruling...more
5/27/2022
/ Arbitration ,
Arbitration Agreements ,
Burden of Proof ,
Collective Actions ,
Delay Claims ,
Employer Liability Issues ,
Employment Litigation ,
Federal Arbitration Act ,
Morgan v Sundance ,
Motion to Compel ,
Prejudice ,
SCOTUS
Key Takeaways -
..Mishandling of premiums can lead to breach of fiduciary duty claims under ERISA against employers.
..Information beyond what is required to be disclosed by ERISA may need to be provided by plan...more
KEY TAKEAWAYS -
..H.R. 4445 prohibits pre-dispute arbitration clauses and waivers of right to bring joint actions in cases of sexual assault or sexual harassment.
..Courts, not arbitrators, determine the applicability...more
On January 6, 2021, the U.S. Department of Labor finalized its rule concerning the classification of workers as employees or independent contractors under the Fair Labor Standards Act (FLSA), which is scheduled to be...more
Michigan Governor Gretchen Whitmer signed into law several bills on October 22, 2020, including those providing a liability shield to individuals and entities that comply with COVID-19-related government directives and...more
On June 15, 2020, the Supreme Court, in a 6-3 decision, held that Title VII prohibits employers from discharging or otherwise taking an adverse employment action against an employee solely because the employee is gay or...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
The Family and Medical Leave Act -
Employers covered by the Family and Medical Leave Act ("FMLA") must allow an eligible employee to take leave due to a serious health condition of the employee or to care for the...more
Part II: Non-discrimination -
The increasing fear around COVID-19, which was first detected in China, can lead to stigmatizing Chinese or other Asian individuals. However, according to the CDC, just being Chinese or Asian...more
The Department of Labor (DOL) adopted a final rule on January 12, 2020, to revise and update its Part 791 regulation regarding joint employment status under the Fair Labor Standard Act (FLSA). This final rule will be...more
The statute of limitations of Title VII of the Civil Rights Act of 1964 cannot be contractually shortened for litigation, the Sixth Circuit held on September 25, 2019 as a matter of first impression in Logan v. MGM Grand...more
Employers can't delay the designation of a Family and Medical Leave Act-qualifying paid leave or provide additional FMLA leave beyond the 12-week FMLA entitlement, according to a new opinion letter issued by the Department of...more