Perspectives on Labor, Employment & OSHA

On June 6, 2018, NLRB General Counsel Peter Robb issued Memo 18-04 offering helpful guidance on employee handbooks after the Board’s decision in The Boeing Company, 365 NLRB No. 154 (Dec. 14, 2017).

Forty Arent Fox LLP attorneys have been rated as leaders in their profession by The Best Lawyers in America 2019.

On July 9, California Governor Jerry Brown signed Assembly Bill 2770 into law, which seeks to protect victims of sexual harassment who complain to their employers from defamation claims by the alleged harasser.

In March 2016, the US Department of Labor issued its “Persuader Rule,” reversing a decades-old interpretation of the Labor Management Reporting and Disclosure Act : Under the old interpretation, personal interactions with employees done by employer consultants trigger reporting obligations.

Nurses, home health aides, personal care attendants, and other home healthcare providers have enabled countless clients to remain in their homes and avoid institutionalization.

Immigration officials have been dramatically increasing inspections in California in 2018 at workplaces ranging in size from small convenience stores to large agricultural operations.

On June 19, 2018, voters in Washington, DC approved Initiative 77 by a vote of 55.14 percent to 44.86 percent.

In the wake of the “Me Too” movement and following a trend of recent legislation, on May 15, 2018, Maryland Governor Larry Hogan (R) approved the Disclosing Sexual Harassment in the Workplace Act of 2018. The Act becomes effective on October 1, 2018.

On May 24, New York Partner Tope Yusuf spoke with Thomson Reuters as part of the Next Gen Leadership: Advancing Lawyers of Color initiative.

On May 21, 2018, the United States Supreme Court clarified that class action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act, as set forth in the decision of three consolidated cases.

In the blink of an eye, the California Supreme Court has abandoned decades-old precedent in favor of a new “ABC Test,” which broadens the definition of employees in the employee-versus-independent contractor analysis.

Chambers USA: America’s Leading Lawyers for Business has recognized 30 Arent Fox LLP attorneys as leaders in their field.

Between December 2017 and April 2018, the New York City Council, New York State Assembly, and federal lawmakers have instituted several new requirements with regards to workplace sexual harassment.

On April 9, 2018, the US Circuit Court of Appeals for the Ninth Circuit held, in an en banc decision, that employers cannot rely on an employee’s past salary to justify disparities in compensation between men and women.

Importers of known industries where North Korean forced labor is used, such as footwear, textiles, seafood, mining, pharmaceuticals, and logging, must exert caution or be prepared to face the consequences.

The US Department of Labor (DOL) Wage & Hour Division (WHD) recently issued an opinion letter, FLSA2018-18 with guidance concerning its obligation to compensate employee travel-time under the Fair Labor Standards Act.

For the past several years, plaintiffs’ lawyers have been targeting businesses’ ecommerce websites with claims that they deny individuals with disabilities equal access to goods and services, in violation of Title III of the Americans with Disabilities Act (ADA).

The Ninth Circuit U.S. Court of Appeals held Monday, on the eve of National Equal Pay Day, that it violates the Equal Pay Act to use pay history to justify wage gaps between male and female employees for the same or substantially similar work.

The Supreme Court of Virginia reversed a lower court decision in December 2017, finding that false reps and warranties leading into an acquisition is fraud.

A three-judge panel on the US Court of Appeals for the Fourth Circuit issued a unanimous decision holding that Smithfield Packing Co. Inc. could not be held liable under Title VII of the Civil Rights Act of 1964 for sexual harassment.

The federal Fair Labor Standards Act (FLSA) requires that employers pay overtime based on an employee’s “regular rate” of pay.

The Wage and Hour Division of the United States Department of Labor announced on March 6, 2018 that it will launch a new nationwide pilot program, the Payroll Audit Independent Determination (PAID) program, which is designed to facilitate resolution of potential overtime and minimum wage violations

In a 10-3 en banc decision with numerous concurring and dissenting opinions, the US Court of Appeals for the Second Circuit recently reversed its own precedent to hold, for the first time, that discrimination on the basis of sexual orientation is prohibited by Title VII of the Civil Rights Act of 19

This year, Arent Fox recognizes Partner Richard Webber and Associates Cesar Francia and Karen Van Essen for pro bono work that consistently goes above and beyond with comprehensive, long-term projects and deep dedication.

On February 26, 2018, the National Labor Relations Board (NLRB or Board) (3-0, Member Emanuel did not participate) issued an Order vacating the Board’s decision in Hy-Brand Industrial Contractors, Ltd. and Brandt Construction Co., 365 NLRB No. 156 (2017), in light of the determination by the Board’s