Legal News

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 July 3, 2019, the National Labor Relations Board (NLRB) issued its decision on Johnson Controls, Inc., 368 NLRB No. 20 (2019) holding that if an employer receives notice that the union has lost majority support within 90 days of the expiration of...By: Faegre Baker Daniels

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

On October 3, 2019 OFCCP submitted a request to the Office of Management and Budget for approval of proposed changes to its Voluntary Self-Identification of Disability Form. OFCCP explained that it had proposed the changes “in an effort to increase...By: Proskauer - Government Contractor Compliance

The U.S. Department of Labor (DOL) issued its long-awaited rule changes to the Fair Labor Standards Act’s (FLSA) overtime requirements on September 24, 2019. Employers who have been operating under the existing 2004 rules have only a few short months...By: Perkins Coie

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

Last month, the New York City Commission on Human Rights (“NYCCHR”) adopted enforcement guidance on its prohibition of discrimination on the basis of actual or perceived “alienage and citizenship status” and “national origin.” The NYCCHR highlighted...By: Norris McLaughlin, P.A.

Employers that utilize the “tip credit” in the federal Fair Labor Standards Act (“FLSA”), or whose employees receive tips, should carefully consider regulatory changes that were proposed by USDOL today. While many of the proposed regulatory changes...By: Fisher Phillips

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