Law and the Workplace

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Massachusetts Appeals Court Weighs In On Public Policy Exception To General At-Will Employee Termination Clause

The Massachusetts Appeals Court, in a slip op opinion issued on January 20, 2021, decided that at-will employees can be terminated for submitting rebuttal letters pursuant to G.L.c. 149, §52C (“Section 52C”), and cannot avail themselves of the public policy exception to the general rule that an employee at will may be terminated without cause. … Continue Reading

NYU Labor Center Webinar: Re-Training America for the Future of Work

Proskauer partner Paul Salvatore will be participating in the NYU Labor Center Webinar: Re-Training America for the Future of Work. The webinar will take place virtually on Thursday, December 3rd from 9:00 AM – 12:00 PM EDT. Leaders in government, academia and industry will explore policies needed to enhance the skills of workers to meet … Continue Reading

The Sedona Conference Working Group 12 on Trade Secrets Annual Meeting 2020, Online

John Barry will be participating in The Sedona Conference Working Group 12 on Trade Secrets (WG12) Annual Meeting. The conference will take place virtually from Monday, November 9 to Tuesday, November 10 from 11:30 AM – 4:30 PM ET each day. This meeting will advance WG12’s first set of commentary drafting team efforts towards non-partisan … Continue Reading

Maryland Legislature Overrides Governor’s Veto of “Ban the Box” Legislation

Quick Hit: On January 30, 2020, the Maryland General Assembly voted to override Governor Larry Hogan’s veto of an “Act Concerning Record Screening Practices (Ban the Box)” (“the Act”). The Act prohibits employers from “requir[ing] an applicant to disclose whether the applicant has a criminal record or has had criminal accusations brought against the applicant” … 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

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

EEO-1 Component 2 Reports Are Still Due September 30, But….

Employers have been furiously working to prepare their EEO-1 Component 2 submissions by the September 30 deadline.  Some employers who underestimated the task have asked us whether the EEOC’s submission portal will remain open after September 30 in case they are unable to complete their submissions in time.  Until now, our response has been “maybe.” … Continue Reading

Chicago Enacts Fair Workweek Ordinance

On July 24, 2019, the Chicago City Council passed and Mayor Lightfoot approved a predictive scheduling ordinance known as the Fair Workweek Ordinance (the “Ordinance”). It becomes effective on July 1, 2020. The following summarizes key features of the Ordinance. Covered Employers and Employees. Covered Employers are employers in the building services, healthcare, hotel, manufacturing, … Continue Reading

Second Circuit Compels Individual Arbitration of Putative Class FLSA and State Labor Law Claims

On July 2, 2019, a three-judge panel of the Second Circuit reversed the lower court’s denial of a motion to compel individual arbitration of a putative class action suit brought under the Fair Labor Standards Act (“FLSA”) and New York Labor Law (“NYLL”). Abdullayeva v. Attending Homecare Services, LLC, d/b/a Attending Home Care, No. 18-651. … Continue Reading

EEOC Issues Statement Regarding EEO-1

On April 29, 2019, the EEOC issued the following statement regarding the recent EEO-1 developments: Notice of Immediate Reinstatement of Revised EEO-1: Pay Data Collection EEO-1 filers should begin preparing to submit Component 2 data for calendar year 2018 by September 30, 2019, in light of the court’s recent decision in National Women’s Law Center, et … Continue Reading

2019 Brings Employment Law Changes for Illinois Employers

As 2018 draws to a close, state and local lawmakers in Illinois have been passing legislation that will further regulate a variety of employers’ practices. Here is a look at what Illinois employers can expect in 2019. New Laws Effective January 1, 2019 Employee Reimbursement for Business Expenses – An amendment to the Illinois Wage … Continue Reading

New Federal Tip Rules Expected in October 2018

Since 1966, Section 3(m) of the Fair Labor Standards Act permits an employer to take a tip credit toward its minimum wage obligation for tipped employees equal to the difference between the required cash wage (currently $2.13) and the federal minimum wage (currently $7.25).  Employers using the tip credit must be able to show that … Continue Reading

Trump’s Fall Regulatory Agenda Pegs March 2019 For Proposed New Overtime Rule

In its Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions, published today, the Trump Administration formally announced its intention to issue a Notice of Proposed Rulemaking (NPRM) in March 2019 “to determine the appropriate salary level for exemption of executive, administrative and professional employees.”  See our earlier post for what to expect in the proposed new rule.… Continue Reading

Portland, Oregon Adopts First-of-Its-Kind CEO Pay Ratio Tax on Employers

The Portland, Oregon City Council has passed an ordinance that will impose a tax surcharge on publicly traded companies whose chief executive officers are paid at least 100 times more than the median pay of other company employees. Portland is the first locality in the nation to enact such a requirement. The law, which passed by … Continue Reading

Lawful Shmawful: Ninth Circuit Ignores Lawful Written Policy and Uses Statistical Sampling to Certify Class Based on Alleged “Unofficial Policy”

On September 3, 2014, the U.S. Court of Appeals for the Ninth Circuit upheld certification of a class of approximately 800 nonexempt insurance claims adjusters who claimed they worked overtime without compensation despite the employer’s lawful written policy to pay nonexempt employees for all hours worked.… Continue Reading

Employers Should Now Run – Not Walk – Toward Adopting Arbitration Agreements in California

Today, the California Supreme Court issued its long-awaited decision in Iskanian v. CLS Transp. Los Angeles, LLC, Case No. S204032, upholding class action waivers in employment arbitration agreements.  This means that the U.S. Supreme Court’s 2011 opinion in AT&T Mobility LLC v. Concepcion is to be given full force and effect in the employment setting … Continue Reading

American Conference International (ACI)

American Conference International (ACI) 21st National Forum on Wage and Hour Claims and Class Actions May 29-30, 2014 New York Marriott East Side Hotel * New York, NY Laura Reathaford has been invited to speak on a panel titled “Donning and Doffing & Walking Time Allegations, and the Latest Claims Arising from Meal and Rest … Continue Reading

California Appellate Court Affirms Denial Of Class Certification

As we recently reported here, there have been a number of appellate decisions ordering class certification based on the existence of an employer’s companywide policy – all while overlooking numerous individualized questions that would undoubtedly create manageability problems during trial.  On December 30, 2013, the California Court of Appeal in Johnson v. California Pizza Kitchen, … Continue Reading

CA Supreme Court Holds That Employees Are Bound By Arbitration Agreements Waiving Right To A Labor Comm’r Hearing

Frank Moreno agreed, as a condition of his employment with Sonic-Calabasas A, Inc., to arbitrate all of this employment disputes with his employer.  After terminating his employment with Sonic, Moreno filed an administrative wage claim with the Labor Commissioner for unpaid vacation pay.  Filing such a claim is the first step toward obtaining a “Berman” … Continue Reading
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