On June 3, 2019, the Supreme Court ruled unanimously in Fort Bend County, Texas v. Davis, No. 18-525, that while employees seeking to bring claims under Title VII of the Civil Rights Act of 1964 (“Title VII”) have a mandatory obligation to file a charge with the Equal Employment
Employment Laws
Are You Ready for Your Summer Interns?
By Emily Schifter on
The days are getting longer, the temperatures are rising, and kids everywhere are counting down the days until summer vacation begins. For many employers, the change in the season brings another big shift: the arrival of summer interns.
Internship programs are great for employers and interns alike – interns gain…
The Battle For A National Paid Leave Law Is On
By Matt Anderson on
Posted in Employment Laws
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,…
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…
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…
California Employers May Owe Reporting Time Pay To Employees Who Do Not Actually Report For Work
By Mark Payne & Kristalyn Lee on
In a 2-1 ruling on February 4, 2019, the Second Appellate District of the California Court of Appeals expanded requirements for reporting time pay by ruling that a California employer would owe reporting time pay if it requires an employee to call in to confirm a scheduled on-call shift, even…
Important Immigration Updates (Not About the “Wall”)
By Yane McKenzie on
Posted in Employment Laws, Immigration
Worksite Enforcement
When you think of immigration in the United States these days, the first thought that comes to your mind might be the continuing dispute over building a wall at the Southern border. That topic has certainly received the most attention, but for employers, the more relevant issue remains…
Saint Valentine in the Office: Managing Workplace Romances in the “Me Too” Era
Valentine’s Day is right around the corner, what better way to celebrate than to examine the pitfalls of office romances? The “Me Too” era is still in full swing, and it is subjecting employers to more scrutiny than ever. Have you considered how to best handle office romances between employees…
Should You Require Employees to Sign Arbitration Agreements? (Part 1)
By Emily Schifter on
Posted in Employment Laws, Labor
As we covered last year, the United States Supreme Court held in Epic Systems Corp. v. Lewis that employment contracts can legally bar employees from collective arbitration (and require instead individualized proceedings). The Supreme Court found that a provision forbidding collective arbitration violated neither the Federal Arbitration Act nor the…
ACA Still In Force Despite Judge’s Ruling
By Matt Anderson on
Posted in Employment Laws
Perhaps before the year-end holidays kicked in, you might have noticed that on Friday, December 14, 2018, a Texas judge struck down the Affordable Care Act (“ACA”) as unconstitutional in its entirety. The judge held that since 2017’s tax bill effectively eliminated the penalty for violations of the ACA’s individual…