Although the federal Family & Medical Leave Act (FMLA) does not require employers to provide paid leave, the Tax Cuts and Jobs Act, signed late last year by President Trump, provides a tax credit incentive beginning this year for employers who provide FMLA paid leave, if they meet a number of requirements. The tax credit […]
RW
The U.S. Department of Labor (“DOL”) abandoned its former test for assessing whether interns qualify as “employees” under the Fair Labor Standards Act (“FLSA”). Aligning itself with several appellate courts, including the Ninth and Second Circuits, the DOL now embraces a seven-factor “primary beneficiary” test to distinguish employees from bona fide interns. The test enables […]
BN
Whether it be a Hollywood mogul, a renowned politician or a formerly respected executive, it is clear from the Me Too and Time’s Up movements that the voices against and stands taken to uncover and prevent sexual harassment have a momentum that has not been seen in decades. One additional mechanism that has been added […]
CJ
Recently, the U.S. District Court for the District of Connecticut denied in part an employer’s motion to compel the plaintiff to provide access to her social media accounts. The case, Marsteller v. Butterfield 8 Stamford LLC, involved sexual harassment under Title VII where the plaintiff alleged that her coworkers “repeatedly sexually harassed her, watched her […]
AC
In what is seen as a victory for employers, the National Labor Relations Board (the “Board”) issued a 3-2 decision in HyBrand Industrial Contractors, Ltd. and Brandt Construction Co. (“HyBrand”) striking down the joint employer standard stated in Browning Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery (“Browning-Ferris”), and returning to the pre-2015 […]
TB
KR
2017 has proven to be a busy year for immigration. Below is a recap of three pertinent developments that employers should keep in mind: 30/60 day misrepresentation rule eliminated. Foreign nationals entering the U.S. on a specific non-immigrant visa are not supposed to change to another visa shortly after their entry. Previously if a foreign […]
RW
There is a flurry of articles on the NLRB decisions last week, reversing Obama-era rulings on the subjects of joint employers (Hy-Brand Industrial Contractors) handbook policies (The Boeing Co.) and the ‘micro-unit standard’ in representation cases (PCC Structurals Inc.) Another case decided last week, which has not received as much attention, will have a very […]
JM
The Industrial Commission of Arizona published its final regulations pertaining to Proposition 206, otherwise known as the Fair Wages and Healthy Families Act, A.R.S. §§ 23-371 to -375. A copy of the final regulations can be found here on page 2907.
BN
There has been significant attention around the new laws and ordinances that prohibit employers from asking job applicants about their salary history in California, Delaware, Massachusetts, Oregon, New York City, Philadelphia and Puerto Rico. Are employers outside of these jurisdictions free to ask for salary history information of applicants without risk? Hardly. The premise behind […]
JK
AC
Recently, the U.S. Equal Employment Opportunity Commission’s acting chairwoman, Victoria Lipnic, indicated that the agency may cease its efforts for nationwide pay data collection designed to eliminate the gender pay gap. The agency’s measure would have required most private employers with 100 or more employees to submit an annual EEO-1 form reporting pay for their […]
AC
