Blog

June 2017 Updates in Labor and Employment Law
June 13, 2017
Yesterday, June 12, 2017, the U.S. Department of Labor, now headed up by President Donald Trump appointee Alexander Acosta, published a Notice of Proposed Rulemaking to rescind the so-called “persuader rule”.
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California Supreme Court Clarifies Day Of Rest Requirements
June 13, 2017
The California Supreme Court recently clarified the state’s “day of rest” statutes, which should help California employers schedule their employees’ hours of work to avoid class and representative lawsuits. Employers should accordingly assess whether employees are being afforded days of rest in a fully compliant manner.
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Update: What’s Happening to 2016 Rules and Regulations with the New Administration?
June 12, 2017
As the new administration is reaching its six month anniversary, we thought it would be helpful to update you on a number of the new rules and requirements that employers were preparing for going into 2017.
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U.S. Supreme Court Finds that Retirement Plans Sponsored by Religious Hospitals Are Exempt from ERISA
June 8, 2017
The United States Supreme Court has ruled that retirement plans sponsored by church-affiliated organizations, such as hospitals, are exempt from ERISA.
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DOL Withdraws Guidance Documents on Joint Employment and Independent Contractor Status
June 7, 2017
The Trump administration continues to roll back the anti-business positions asserted by various federal agencies under the Obama administration, as most recently evidenced by the Department of Labor’s June 7, 2017 withdrawal of two Administrator Interpretations on joint employment and independent contractor status.
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Ready, Set, Go…Write or Update Those Job Descriptions Now!
June 6, 2017
In August 2016, Massachusetts Governor Charlie Baker signed a new law strengthening pay equity in the Commonwealth. Under the new law, which goes into effect on July 1, 2018, pay differences between persons performing “comparable work” will be acceptable only if based upon one of the following factors: (1) a seniority system; (2) a merit system; (3) a per unit or sales compensation scheme; (4) geographic location of the job; (5) education, training and experience; or (6) the amount of travel required.
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Take Your Dog to Work Day!
June 1, 2017
Take Your Dog to Work Day (TYDTWDay) was created by Pet Sitters International (PSI) “to celebrate the great companions dog make and promote their adoptions.” It takes place annually on the Friday after Father’s Day; this year it will be celebrated on June 23.
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Termination Because Of Medical Marijuana Cardholder Status Is Unlawful
May 31, 2017
Implications for employers everywhere. We believe the court’s decision will be overturned on appeal. Nevertheless, there are a number of aspects of it that are relevant for employers in any state with legalized marijuana.
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(Fictional) Mailbag: What Do Dinosaurs Have To Do With Age Discrimination?
May 26, 2017
Turning to the (fictional) mailbag, we have a letter from Sam who works for a social media start-up. She is concerned about potential liability for age discrimination flowing from the owner’s regular complaints about employing “dinosaurs.”
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“Go Back to Your Country” Is Not Evidence of National Origin Discrimination?
May 25, 2017
I am a die-hard management-side attorney. Typically, I cheer on federal courts that rule in favor of employers – but there are the rare occasions where I think the court gets it unquestionably, unutterably wrong.
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Round and Round and Round We Go, Where the Health Care Bill Will End Up...Nobody Seems to Know!
May 25, 2017
On May 4, 2017, the U.S. House of Representatives finally voted on and passed the much debated American Health Care Act, H.R. 1628 (“AHCA”). The next step, of course, is for the Senate to consider the bill, but one thing appears to be certain – vast changes to the current bill are expected.
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EEOC Pursues Obama Administration Agenda
May 25, 2017
Assumptions that the EEOC under a Republican administration will be more favorable to business than under a Democratic administration are not necessarily correct.
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