Perspectives on Labor, Employment & OSHA

In a decision with wide potential impact, the California Supreme Court for the first time interpreted an obscure provision in the state’s wage orders requiring that employers provide employees with seats.

Arent Fox LLP Complex Litigation associate Temitope K. Yusuf was named a Rising Star by Minority Corporate Counsel Association.

Employers with employees in California, regardless of where the employer is based, should take the following steps now to ensure compliance. 

Applying an “economic reality” test derived from the Fair Labor Standards Act (FLSA), the US Court of Appeals for the Second Circuit recently ruled that an HR Director could be held personally liable for violations of the Family and Medical Leave Act (FMLA).

On February 25, 2016, the US Department of Labor (DOL) published proposed regulations implementing Executive Order 13706, which requires federal government contractors to provide covered employees with up to 7 days of paid sick leave annually, including paid leave for family care.

Continuing its increasing trend of filing lawsuits on behalf of Charging Parties on emerging issues, the US Equal Employment Opportunity Commission (EEOC) announced on March 1, 2016 that it has filed its first two sex discrimination cases based on sexual orientation.

Following a recent trend that has not been received well by the courts, a divided panel of the National Labor Relations Board invalidated an arbitration policy that required employees to waive their rights to pursue class or collective actions in employment-related claims in all forums, whether arbi

Arent Fox LLP is pleased to announce the election of its new partners and counsel, effective January 1, 2016.

On January 1, 2016, California’s Fair Pay Act (Senate Bill 358) takes effect, making it more difficult for employers to justify pay disparities between opposite sex employees.

Employers should be aware of several important changes to federal and New York wage and hour laws, effective December 31, 2015 and January 1, 2016.

On December 16, 2015, the United States Court of Appeals for the Ninth Circuit denied a group of former student-athletes’ bid to rehear the court’s earlier decision that student-athletes do not have to be compensated beyond the cost of attending college.

By January 1, 2016, all employers  in the District of Columbia with 20 or more employees must provide certain transportation benefits to their employees who work in the District.

Effective January 1, 2016, New York City’s Commuter Benefits Law requires that non-government employers with 20 or more full-time non-union employees in New York City must offer all full-time employees the opportunity to use pre-tax income to purchase certain transportation benefits.

Urban Outfitters, Inc. recently settled an overtime wage and hour class action brought by one of its employees who alleged that he and others similarly situated were forced to work overtime without appropriate pay and that the Company violated a number of other California labor laws.

On November 4, Arent Fox partner Darrell Gay and senior associate Temitope Yusuf were honored at the 2015 Legal Defense Fund 29th Annual National Equal Justice Awards Dinner in New York City.

On October 21, 2015, New York State Governor Andrew Cuomo signed eight pieces of legislation, known collectively as the Women’s Equality Act and effective in January 2016, into law.

The United States Court of Appeals for the Fifth Circuit recently reversed a 2014 decision of the National Labor Relations Board prohibiting mandatory arbitration of class or collective actions in employment disputes.

California passed Assembly Bill 60 (AB60) which allows the Department of Motor Vehicles to issue a driver’s license to any person, which could include an undocumented person, who cannot establish their legal presence in the US but otherwise meets licensing requirements to drive a motor vehicle.

AB 465, the California bill that sought to eliminate arbitration agreements as a condition of employment and in other settings, was vetoed by Governor Jerry Brown. AB 465 will go back to the House for further consideration and will require a two-thirds vote by both houses to overturn the veto.

The Ninth Circuit’s decision is a big win for the NCAA and affirms its amateurism model and remains protected from having to treat college athletes like employees.

The United States Court of Appeals for the Eleventh Circuit recently vacated a decision by a lower court holding that student registered nurse anesthetists at Wolford College were not employees under the Fair Labor Standards Act.

Federal contractors and subcontracts have become the next group of employers who will have to provide paid sick leave. On Labor Day, September 7, 2015, President Barack Obama signed an Executive Order granting paid sick leave for Federal contractors and subcontractors.

Last week, in a sharply divided opinion, the National Labor Relations Board (NLRB or Board) reconsidered the long-standing standard for a “joint-employer” finding under the National Labor Relations Act (NLRA or Act).

In the past five years, few topics have dominated litigation over employment agreements quite as significantly as class-action arbitration waivers.