Blog
Employers Beware! Private Arbitration Agreements Won’t Stop DOL Lawsuits
September 30, 2021
The U.S. Department of Labor recently highlighted a federal court ruling that private arbitration agreements will not prevent the federal Secretary of Labor from bringing suit against an employer for violation of the Fair Labor Standards Act.
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NLRB to Classify College Athletes as Employees
September 30, 2021
On September 29, NLRB General Counsel Jennifer Abruzzo issued a Memorandum (GC 21-08) in which she stated that certain college athletes will be classified as employees, with the right to unionize and engage in other protected, concerted activity.
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“Huddled Masses”: Employment Eligibility of Afghan Refugees
September 23, 2021
International news has been dominated the last few weeks with the situation in Afghanistan. The withdrawal of troops and politics aside, there has been a large humanitarian story playing out with the evacuation of American citizens and Afghan allies. With that comes the rise of domestic concerns – Where will people go? How will they provide for themselves? What will their futures look like?
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New DOL Rule Adds Civil Penalties for Taking Employee Tips
September 23, 2021
The U.S. Department of Labor announced a new final regulation in which the DOL asserts authority to penalize employers up to $1,100 per violation, on top of any back wages owed.
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Ninth Circuit Revives California Law Prohibiting Employers From Mandating That Employees Sign Arbitration Agreements
September 22, 2021
On September 15, 2021, the Ninth Circuit revived parts of a controversial California law that prohibited mandatory employment arbitration agreements.
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Even High Earning Supervisors Can Be Entitled to Overtime
September 17, 2021
A recent decision by the Fifth Circuit Court of Appeals in Hewitt v. Helix Energy Solutions Group, Case No. 19-20023, in is causing upheaval in the energy sector by suggesting that even highly paid supervisory employees may be entitled to overtime pay on top of their six-figure compensation because they are paid a day rate rather than a weekly salary.
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Ontario: Divisional Court Quashes WSIAT Stress Decision and Allows Constructive Dismissal Case to Proceed
September 17, 2021
Successful litigation advanced primarily by workers under the equality provisions of the Charter of Rights and Freedoms altered the legal landscape with respect to the treatment of stress claims by Ontario’s Workplace Safety and Insurance Board (“WSIB”).
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CMS On Your Radar - Key employment issues worldwide
September 7, 2021
The international CMS employment group has the pleasure of sharing the latest edition of On Your Radar publication giving you access to the key employment law developments at your fingertips. Our easy to read guide provides our expert analysis and action points to deal with these developments in Europe and beyond.
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Non-Compete Agreements Under Fire and What That Really Means
August 23, 2021
President Biden recently issued an Executive Order taking aim at anti-competitive practices in his “Executive Order on Promoting Competition in the American Economy.”
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Military Leave Benefits Expansion? Things to Consider
August 20, 2021
The Uniform Services Employee and Reemployment Rights Act (USERRA) requires employers
to treat military service members equally to employees on other types of leave. Does that
mean if your employment policies provide for paid short-term leaves as well?
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NLRB Hearing Officer Recommends Second Union Election at Amazon – But Will It Happen?
August 18, 2021
A National Labor Relations Board hearing officer recently recommended that the union election at an Alabama Amazon warehouse be run a second time.
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Back to the Future - DOL Rescinds FLSA Joint Employer Rule
August 10, 2021
President Biden now has erased two Trump-era Department of Labor rules that addressed issues fundamental to the application of the federal Fair Labor Standards Act.
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