For the first time in many years, there seems to be momentum in Washington D.C. for the adoption of a national paid sick leave policy. Currently, nine states and at least 10 localities have paid sick leave laws. Paid sick leave is common throughout Europe, in many South American countries,
March 2019
Complying with the Department of Labor’s Proposed Overtime Regulations
By Rogers Stevens on
Q. I heard that the United States Department of Labor is planning to raise the salary threshold for exempt status again. What is the new rule and when does my company have to comply?
A. On March 7, the U.S. Department of Labor issued its long-anticipated proposed rule that would…
U.S. Department of Labor Releases Long-Awaited Overtime Rule
By Evan Gibbs on
Last week, the United States Department of Labor (DOL) issued its long-awaited proposed change to the minimum salary threshold for the white-collar exemptions under the Fair Labor Standards Act. The new minimum salary threshold is $35,308/year (or $679/week).
This new rule is not finalized nor in effect now. Rather, the…
Hair Styles May Be Protected Under Discrimination Laws
By Lee Tankle on
Q: Is it lawful to require employees or applicants to style their hair in a certain manner?
A: As with most employment-related questions, the answer is it depends. While employers are generally allowed to adopt basic grooming policies, employers should seek to adopt policies that do not have a disparate impact on minorities and other persons protected by anti-discrimination laws.
Tips for drafting enforceable arbitration agreements (Part 2)
By Emily Schifter on
Posted in Employment Laws
Arbitration agreements with employees are a hot topic – and continue to make headlines. As we covered in Part 1 of this blog series, there are many practical and legal considerations involved in deciding whether your business should require employees to arbitrate employment-related disputes (as opposed to resolving them…
Pros and Cons of Mandatory Arbitration Policies for Employment Disputes
By Rogers Stevens on
Q. Our company has a policy providing for mandatory arbitration of employment claims. I heard recently that some companies are moving away from these types of policies. What are the pros and cons of requiring all employees to submit their employment claims to arbitration?
A. There are a number of issues to consider regarding whether a company should require its employees to submit all employment claims to arbitration. These types of policies have been in favor since the 2018 United States Supreme Court opinion in Epic Systems Corp. v. Lewis, which endorsed mandatory arbitration agreements even where they resulted in employees waiving their rights to pursue claims in a class or collective action.