Blog
No FMLA for Pet’s Death
March 16, 2018
My interest was piqued by a recent case in which an employee claimed that his insomnia following his dog’s death was a serious health condition under the FMLA.
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California Supreme Court Adopts Employee-Friendly Test For Calculating Overtime On Flat-Sum Bonuses
March 13, 2018
The California Supreme Court has adopted an employee-friendly test for calculating the
overtime due on a non-discretionary, flat-sum bonus.
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DOL Entices Self-Reporting of Wage and Hour Violations, But Employers Should Be Cautious
March 12, 2018
On March 6, 2018, the U.S. Department of Labor (DOL) announced it will launch a new pilot program – called the Payroll Audit Independent Determination (PAID) program – designed to allow employers to self-report violations of the Fair Labor Standards Act (FLSA).
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NLRB Reverses Obama-Era Decision Regarding Scope of Bargaining Units
March 9, 2018
The NLRB has overruled its 2011 Specialty Healthcare & Rehabilitation Center decision, making it more difficult for unions to cherry-pick small groups of employees in their organizing efforts.
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Does Apple’s New HQ Violate OSHA?
March 8, 2018
Some of Apple’s 12,000 employees on campus, for whom it has a duty to provide a safe working environment, according to OSHA — are walking into the walls.
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NLRB Upholds Discharge of Employee Whose Protected Activity Included Intentional Deception
March 7, 2018
On February 28, 2018, the National Labor Relations Board (“Board”) issued an important decision for employers and employees, reminding all that protected activity under the National Labor Relations Act does not always shield an employee from discipline.
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A Closer Look at the AGO Guidance on Massachusetts’ New Pay Equity Law
March 6, 2018
As we announced in a Client Alert last week, the Attorney General has issued guidance on Massachusetts’ new pay equity law, which goes into effect on July 1, 2018.
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Along the Spectrum
March 2, 2018
When you are an employment lawyer, you tend to view events through a particular lens.
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EEOC: Parental & Bonding Leave Policies Should be the Same for Moms and Dads
March 2, 2018
In August 2017, the EEOC sued Estee Lauder Companies, Inc. based on a parental leave program that provided employees with paid leave to bond with a new child, as well as flexible return-to-work benefits.
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Washington: Reminder of Upcoming Deadlines
March 1, 2018
As a reminder, the following deadlines are fast approaching.
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National Labor Relations Board Vacates Hy-Brand and Returns to Browning-Ferris Joint Employer Standard
February 27, 2018
On February 26th, the National Labor Relations Board issued an Order abruptly vacating its decision in Hy-Brand Industrial Contractors.
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Second Circuit Joins Seventh Circuit in Recognizing Sexual Orientation Discrimination as Discrimination Because of Sex in Violation of Title VII
February 27, 2018
On February 26, 2018, the Second Circuit Court of Appeals (covering Connecticut, New York, and Vermont) joined the Seventh Circuit Court of Appeals (covering Illinois, Indiana, and Wisconsin) in finding that Title VII’s prohibition against discrimination because of sex includes discrimination due to sexual orientation.
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