Labor & Employment News Alert

A Closer Look at the Federal Legislation Precluding Arbitration of Sexual Harassment Claims

February 15, 2022

On February 10, 2022, Congress completed action on a significant, bipartisan reform of the Federal Arbitration Act. President Biden has already indicated his support for the bill, referred to as the “'Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021,” and is expected to sign it into law.

The bill will invalidate agreements to arbitrate sexual assault or sexual…

Families First Coronavirus Response Act Paid Leave Benefits Extended (sort of)

December 28, 2020

On Sunday, December 27, 2020, President Trump signed the “Consolidated Appropriations Act, 2021,” (“the Act”) which includes a subtle, yet significant, amendment to the Families First Coronavirus Response Act (“FFCRA”).  

To review, the FFCRA became effective on April 1, 2020, and requires employers with fewer than 500 employees to provide two types of paid leave regarding Covid-19: (1) Emergency…

In Landmark LGBT Case, SCOTUS Rules That Title VII Prohibits Gay and Transgender Discrimination

June 15, 2020

Today, the Supreme Court of the United States handed down a decision affecting the civil rights of employees nationwide. In Bostock v. Clayton County, Georgia, the Supreme Court held, in a 6-3 decision, that an employer who discharges an individual for being “homosexual or transgender” violates Title VII of the Civil Rights Act of 1964. The Court’s opinion, which can be accessed here, resolved…

The CARES Act: What Employers Need to Know

March 30, 2020

On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), commonly known as “Phase Three,” was signed into law. The CARES Act provides $2.2 trillion in direct financial assistance to individuals, businesses, and state and local governments. In addition to providing substantial resources for small businesses, the CARES Act also provides a broad range of financial…

UPDATED APRIL 3, 2020 - Small Business Relief Under the Paycheck Protection Program

March 30, 2020

On March 27, 2020, President Trump signed the $2 trillion dollar coronavirus relief bill into law, which aims to provide relief to the nation through stimulus payments to individuals, expanded unemployment, deferral on student loan payments, changes to retirement accounts, small business relief loans, and more. The focus of this alert is on the financial relief the law provides to small…

Notice of Proposed Rulemaking: DOL Proposes Overtime Pay Expansion

March 7, 2019

After months of speculation, the U.S. Department of Labor (DOL) unveiled new overtime pay requirements on Thursday, March 7, 2019. The new proposal would raise the new salary threshold for white collar overtime exemptions will move to $35,308 per year under the Fair Labor Standards Act.

Workers who earn less than $35,308 per year (or $679 per week) would be automatically eligible for overtime pay…

An Early Look at Federal Labor and Employment Law Developments in 2019

January 6, 2019

Since we just turned the page on 2018, it is time to focus on what labor and employment law developments may be in store for employers in 2019.  This post highlights several labor and employment regulatory and case law developments that may come to fruition this year.

1. The U.S. Equal Employment Opportunity Commission (EEOC) is scheduled to release a new proposal in June regarding how employers…

The Latest Arbitration Decision By The United States Supreme Court Is Epic

May 24, 2018

On May 21, 2018, the United States Supreme Court, in a 5-4 decision, held that employment arbitration agreements containing class and collective litigation waivers must be enforced under the Federal Arbitration Act (FAA).  Justice Neil Gorsuch penned the majority decision, in Epic Systems Corporation v. Lewis, stating “Congress has instructed in the [Federal] Arbitration Act that arbitration…

New FLSA Rule Expected to Extend Overtime Pay Protections to over 4,000,000 Workers

May 19, 2016

The Fair Labor Standards Act (“FLSA”) applies to employees of enterprises that have an annual gross volume of sales made or business done of $500,000 or more. On May 18, 2016, the Department of Labor (“DOL”) released the final updated version of the regulations governing which executive, administrative, and professional employees are entitled to overtime pay protections under the FLSA.  The…

Congress Considering Unifying State Tax Safe Harbor For Employers and Employees

March 3, 2015

The Mobile Workforce State Income Tax Simplification Act of 2015, (S.B. 386) was introduced in the United States Senate on February 5th, 2015. The Bill seeks to address tax compliance issues for employers whose employees have brief tours of duty in multiple states. It also seeks to reduce compliance issues for the employees who are required to report income via tax returns in various states that…