A law enacted in 2022 that allows people alleging sexual assault or sexual harassment to opt out of pre-dispute arbitration agreements has altered the litigation landscape for enforcing those agreements. ...more
7/15/2025
/ Arbitration ,
Arbitration Agreements ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Employment Litigation ,
Federal Arbitration Act ,
Jurisdiction ,
Mandatory Arbitration Clauses ,
Opt-Outs ,
Pleading Standards ,
Sexual Assault ,
Sexual Harassment
On January 15, 2025, the U.S. Supreme Court clarified the burden of proof employers must satisfy when questions arise concerning employee classification under the Fair Labor Standards Act ("FLSA"). ...more
As the country prepares for a new presidential administration, employers and employees alike face questions about the future of wage and hour law. While there is potential for change in various wage and hour issues during the...more
The U.S. Supreme Court kicked off its new term on October 7, 2024. This term, the Supreme Court has been asked to weigh in on at least four cases that raise important issues that may have far-reaching implications for...more
We've all fallen victim to good marketing at some point. Just like all product and service providers, artificial intelligence (AI) companies are no fools when it comes to the benefits of good marketing....more
7/12/2024
/ American Civil Liberties Union (ACLU) ,
Anti-Discrimination Policies ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Automated Systems ,
Bias ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Job Applicants ,
Machine Learning ,
Risk Management
Earlier this year, we wrote about some of the major cases and legal developments for employers to watch in 2023. With the start of the U.S. Supreme Court's new term last month, we are back to provide insight into the next...more
11/28/2023
/ 303 Creative LLC v Elenis ,
Acheson Hotels LLC v Laufer ,
Affirmative Action ,
Americans with Disabilities Act (ADA) ,
Chevron Deference ,
Civil Rights Act ,
Employer Liability Issues ,
Employment Litigation ,
Equal Protection ,
Fair Labor Standards Act (FLSA) ,
Glacier Northwest v International Brotherhood of Teamsters ,
Helix Energy Solutions Group Inc v Hewitt No 21-984 ,
Lateral Transfers ,
National Marine Fisheries Service ,
NLRA ,
Non-Compete Agreements ,
Preemption ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VII ,
Website Accessibility ,
Whistleblowers
Employers commonly conduct background checks on prospective employees in various areas that they may think relevant when deciding whether to hire an individual for a job. Yet, federal, state, and local laws are increasingly...more
On March 15, 2023, the U.S. Court of Appeals for the Third Circuit held that paid time off (PTO) is not part of an employee's salary for purposes of the Fair Labor Standards Act (FLSA)....more
The California Court of Appeal recently issued an opinion that brings good news to employers in connection with California's draconian penalties for late payment of final wages....more
If there's one thing employers can be sure of from one year to the next, it's that the laws and regulations governing their workplace and workforce are likely to change and develop, at least to some extent. Whether big or...more
1/26/2023
/ Affirmative Action ,
Colleges ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
Harvard University ,
Highly Compensated Employees ,
LGBTQ ,
NLRA ,
Non-Compete Agreements ,
Preemption ,
Property Damage ,
Religious Exemption ,
Restrictive Covenants ,
Split of Authority ,
Strike ,
Universities
Companies conduct pay audits for a variety of reasons—whether it's to ensure the company is meeting certain benchmarks, to comply with audit requirements under state or federal laws, to promote or improve workplace...more
Whether because of our new "work from home" world or advances in technology (or both), many employers now electronically monitor their employees in the workplace. A variety of electronic surveillance techniques are...more