On May 21, 2018, the Supreme Court ruled in Epic Systems Corp. v. Lewis that employees can agree to: (1) arbitrate employment disputes; and (2) waive their right to resolve those disputes through class and collective actions. This decision represents an epic victory for employers and may limit an employer’s [...]
On May 21, 2018, the Supreme Court of the United States ruled that arbitration agreements between employers and employees must be enforced as written. In other words, courts must enforce employee waivers of the right to pursue employment lawsuits (e.g., wage and hour claims) through class actions. [...]
On June 27, 2017, the U.S. Department of Labor (DOL) announced that it would again issue Opinion Letters to assist employers and employees in interpreting the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). After nearly ten months, DOL issued its first three Opinion Letters [...]
The U.S. Department of Labor’s Wage and Hour Division (WHD) recently announced its plan to launch a new pilot program, the Payroll Audit Independent Determination (PAID). Under this program, WHD will supervise the resolution of potential overtime and minimum wage violations under the Fair Labor Standards Act (FLSA). While WHD [...]
Most employers in Wisconsin know that the Wisconsin Worker’s Compensation Act (Act) precludes an employee from suing his employer in a tort action (e.g., negligence actions seeking compensatory and punitive damages) for a work-related injury. The basis for this prohibition lies in the Act’s exclusive remedy provision, which states that [...]
It’s time to take a look at your non-competes. [...]
In July of last year, we blogged about the subtle changes reflected in the new Form I-9. In contrast, there was nothing subtle about Acting Director of Immigration and Customs Enforcement (ICE) Thomas Homan’s comments in October of 2017 – ICE plans on increasing worksite investigations of employers by “four [...]
Believe it or not, even the new tax law addresses sexual harassment, bringing several unanticipated changes for employers (and employees) that will impact how employers approach settling sexual harassment claims. Under the Tax Cuts and Jobs Act (the Act), employers may no longer deduct settlement payments and attorney’s fees for [...]
On Friday, Dec. 1, 2017, Peter B. Robb, the newly appointed and confirmed General Counsel for the National Labor Relations Board (NLRB), issued a memorandum to all NLRB Regions outlining his key legal interpretation priorities (click on “Mandatory Submission to Advice”). Through this memorandum, Robb directed all Regional Directors to [...]
Effective Jan. 1, 2018, the largest state in the nation, California, will join the national “Ban the Box” initiative by prohibiting criminal background inquiries in employment applications. California’s new law restricts employers’ scope, timing, and usage of criminal background check information in the hiring process. Similarly, public and private employers [...]
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