August 16, 2018 | Client Alert
The Supreme Court recently held that a class action waiver in an employment contract will be enforced and is not a violation of the National Labor Relation Act’s (“NLRA”) Section 7 rights. The Court’s 5-4 decision was written by… Read More
August 16, 2018 | Client Alert
California, Delaware, Massachusetts, Oregon, New York City and San Francisco, all prohibit employers from asking job applicants about their prior salary history. Why? Female and minority job applicants historically make lower wages than comparable white, male applicants. Employers who set… Read More
August 16, 2018 | Client Alert
The United States Department of Labor recently launched PAID to proactively address FLSA violations without expensive class action litigation. PAID is a nationwide, pilot program that is designed to bring employers in compliance with the FLSA as it seeks… Read More
August 16, 2018 | Client Alert
President Trump’s election in 2016 brought the pace of change in the labor and employment landscape to a screeching halt. The proposed fiscal year 2019 budget plan sent to Congress shows that labor and employment issues are not a… Read More
December 5, 2017 | Client Alert
Class action lawsuits involving biometric data are on the rise in Illinois. One example of this is a recent suit against Mariano’s. In 2008, the Illinois legislature passed the Biometric Information Privacy Act (BIPA) to protect citizens against… Read More
December 5, 2017 | Client Alert
Class action lawsuits against employers are most likely to arise in the wage and hour context. Different Interpretations of FLSA The federal Fair Labor Standards Act (“FLSA”) is complex and its enforcement can be unpredictable. This unpredictability is particularly evident… Read More
December 5, 2017 | Client Alert
Although the Department of Labor’s FLSA enforcement frenzy has abated as a result of the Trump presidency, important issues are still being resolved in the area of overtime litigation. Overtime Litigation in the Case of Jeffrey Allen On August 3,… Read More
December 5, 2017 | Client Alert
US Department of Labor Reinstates Wage and Hour Opinion Letters One of the positive developments of the new administration is a less adversarial Department of Labor. On June 27, 2017, the DOL Wage and Hour Division announced that it will… Read More
December 5, 2017 | Client Alert
Devastated by the opioid crisis, the state of West Virginia just passed a law that makes it much easier to drug test employees. Meanwhile, the Wall Street Journal reported today that more U.S. workers are testing positive for illicit drugs… Read More
December 5, 2017 | Client Alert
Employee error is responsible for most data breaches. Non-malicious mistakes by employees in the form of: failing to lock a door, using the wrong email address, forgetting an electronic device on a plane or train, or forwarding the wrong attachment,… Read More