Latest from Law and the Workplace
Second Circuit: Offers of Judgment on FLSA Claims Do Not Require Cheeks Review
On December 6, 2019, a divided Second Circuit panel concluded that settlement proposals in accepted offers of judgment under FRCP 68 are not subject to judicial review and approval. Mei Xing Yu et al. v. Hasaki Restaurant Inc., No. 17-3888 (2d Cir. Dec. 6, 2019). The decision departs from the conventional view that settlements of … Continue Reading
Eighth Circuit Holds Law Firm Partner Not “Employee” Covered by ADEA
On December 3, 2019, the U.S. Court of Appeals for the Eighth Circuit affirmed the decision of the District Court for the Eastern District of Missouri holding that a former equity partner at a law firm was not an “employee” covered by the Age Discrimination in Employment Act (“ADEA”). Joseph S. von Kaenel was an … Continue Reading
Maryland Bars Non-Competes for Low-Wage Employees
Quick Hit: Effective October 1, 2019, Maryland law prohibits the use of non-competition agreements for employees with wages equal to or less than $15 per hour or $31,200 annually. Key Takeaway: Maryland employers, and employers with employees who work in Maryland, that utilize non-competition agreements for covered employees should be aware that such agreements are … Continue Reading
[Podcast]: California’s Legislative Response to the #MeToo Movement
In this episode of The Proskauer Brief, partners Tony Oncidi and Kate Gold discuss California’s most recent legislative response to the #MeToo movement. These developments include new restrictions on confidentiality and arbitration as well as the extension of the statute of limitations applicable to harassment, discrimination and retaliation claims. So be sure to tune in as Tony and Kate … Continue Reading
Pennsylvania Supreme Court: Fluctuating Workweek Method of Overtime Pay is Unlawful
On November 20, 2019, the Pennsylvania Supreme Court ruled that the fluctuating workweek (“FWW”) method of calculating overtime pay owed to salaried workers is prohibited by state law. Chevalier v. General Nutrition Centers Inc., Pennsylvania Supreme Court, No. 22-WAP-2018. Under the FWW method of pay, an overtime-eligible employee receives a fixed salary for all hours … Continue Reading
Report from EEOC Hearing on EEO-1 Component 2—Should It Stay or Should It Go?
On November 20, 2019, the EEOC held a public hearing at its headquarters in Washington, DC, regarding proposed changes to the Employer Information Report (“EEO-1”). These proposed changes include “not seeking to renew Component 2 of EEO-1,” which required employers with over 100 employees to report employee pay and hours worked information. Proskauer attended the … Continue Reading
