Legal News

Since 2000, the National Labor Relations Board has taken the position that some graduate students who are paid for teaching and research functions by private colleges and universities qualify as employees eligible to organize and bargain with their...By: Parker Poe Adams & Bernstein LLP

The Americans with Disabilities Act (ADA) does not protect employees from discrimination based on potential future disabilities, according to a recent ruling by the 11th Circuit Court of Appeals, which covers Florida, Georgia, and Alabama....By: Akerman LLP - HR Defense

May Colorado employers adopt “use-it-or-lose-it” vacation policies, in which employees lose paid vacation time if they do not use it within a certain time frame? May Colorado employers refuse to pay out the cash value of unused vacation time to...By: Husch Blackwell LLP

I have defended many claims and lawsuits involving working time, especially travel time. Employees are continually seeking innovative ways to convert their otherwise non-compensable home-to-work travel into compensable work hours. These efforts...By: Fox Rothschild LLP

This is an update to our March 2019 Employment Alert “The Salary Test Revisited: DOL Proposes Increased Salary Threshold for Overtime Exemptions.” Back in March, we discussed the U.S. Department of Labor’s (the “DOL”) proposed rule amending the...By: Porter Hedges LLP

The U.S. Department of Labor has proposed a new rule to allow employers who do not take a tip credit to establish “nontraditional” tip pools that include back-of-the-house employees and others who are not traditionally tipped. Other proposed...By: Fox Rothschild LLP

On September 26, 2019, California’s Second District Court of Appeals in Gustavo Naranjo, et al. v. Spectrum Security Services, Inc. held that unpaid premium wages for meal break violations do not entitle employees to additional remedies under the...By: Davis Wright Tremaine LLP

In 2010, Fed. R. Civ. P. 26 was amended to require full expert reports and other disclosures for retained expert witnesses, but only summaries of anticipated opinion testimony of non-retained experts. During the ensuing nine years, courts have...By: Butler Snow LLP

On September 30, 2019, Chancellor Andre G. Bouchard of the Delaware Court of Chancery denied defendants’ motion to dismiss a stockholder derivative action for breach of fiduciary duties in connection with BGC Partners, Inc.’s (“BGC”) acquisition of...By: Shearman & Sterling LLP

If your company sponsors a 401(k) or 403(b) plan that allows participants to take hardship distributions, you probably had a conversation with your plan recordkeeper last year about changes to the rules on hardship distributions under those plans....By: Foley & Lardner LLP