Cullan E. Jones

Firm/Organization: Hunton Andrews Kurth LLP

Blogs: Hunton Employment & Labor Perspectives

Latest Articles

Background Check Vendors Beware: the CFPB’s Authority to Enforce the FCRA Applies to You Too

January 16, 2020

On November 22, 2019, the federal Consumer Financial Protection Bureau (CFPB) filed a complaint in the U.S. District Court for the Southern District of New York against Sterling Infosystems, Inc. (“Sterling”) regarding allegations that it violated the Fair Credit Reporting Act (FCRA) in providing criminal background checks to employers. Sterling is a “consumer reporting agency” as defined by the FCRA, which provides background check results to employers when requested. The CFPB is an independent federal…

Hunton Employment & Labor Perspectives

Boeing Test Takes Off as NLRB Holds Employer’s Confidentiality and Media Contact Rules Lawful

By Cullan E. Jones

December 3, 2019

The National Labor Relations Board (the “Board”) under the current administration continues to issue employer friendly rulings in the context of evaluating whether employer work rules violate the National Labor Relations Act (the “Act”). In LA Specialty Produce Company, 368 NLRB No. 93 (October 10, 2019) (“LA Produce”), the Board’s first ruling applying the standard in The Boeing Co., 365 NLRB No. 154 (2017) for determining the validity of rules, policies and handbook provisions under the…

Hunton Employment & Labor Perspectives

FTC Defers to CFPB by Rescinding FCRA Model Forms and Disclosures

By Cullan E. Jones

July 8, 2019

Buildings_Federal_Trade_Commission_FTC_1200x675

The Federal Trade Commission (“FTC”) recently rescinded several Model Forms and Disclosures related to the Fair Credit Reporting Act (“FCRA”), determining they are no longer necessary. As we wrote about last Fall, [“Fall” hyperlink to CEJ and RTQ HELP blog article dated September 21, 2018] this change is the result of the Consumer Financial Protection Bureau (“CFPB”) issuing its own model forms and disclosures. The FTC forms that have been rescinded and the corresponding CFPB forms…

Hunton Employment & Labor Perspectives

Employer’s Posting of Side Letter Explaining NLRB Settlement Notice Breaches Settlement Agreement

By Cullan E. Jones

May 16, 2019

Labor and employment_African American businessman man shaking hands with a businesswoman

On May 13, 2019, in Outokumpo Stainless USA, LLC v. N.L.R.B., No. 17-15498 (11th Cir.), the Court of Appeals for the Eleventh Circuit enforced an NLRB order finding that stainless steel producer Outokumpo’s posting of a side letter along with a NLRB settlement notice “constituted non-compliance with the terms of the Settlement Agreement” and that “default judgment was thus proper under the plain terms to which the Company had previously agreed.”…

Hunton Employment & Labor Perspectives

Massachusetts Retail and Inside Salespersons Are Now Entitled to Overtime and Sunday Premium Pay

By Cullan E. Jones & Christopher M. Pardo

May 14, 2019

Massachusetts’ highest court, The Supreme Judicial Court (“SJC”), recently issued its long awaited decision in Sullivan v. Sleepy’s LLC, SJC-12542, in which the SJC responded to certified questions of first impression from the United States District Court for the District of Massachusetts. The case is particularly important for businesses which pay employees through commissions or draws (i.e., advances on commissions), particularly in the retail context where the ruling departs considerably from federal law.…

Hunton Employment & Labor Perspectives

Federal Court “Tips” the Scale in Favor of Restaurant Workers by Reviving 80/20 Rule

By Cullan E. Jones & M. Brett Burns

February 27, 2019

We recently highlighted DOL opinion letter 2018-27, which rescinded the 80/20 rule and was a welcome change for employers in the restaurant industry. However, less than two months after the DOL’s policy change, the U.S. District Court for the Western District of Missouri rejected the DOL’s new guidance, claiming it is “unpersuasive and unworthy” of deference. As a refresher, the 80/20 rule requires businesses to pay tipped workers at least minimum wage (with no tip…

Hunton Employment & Labor Perspectives

Epic Changes to Epic Systems: House Democrats Seek to Prohibit Class Waivers in Arbitration Agreements

By Cullan E. Jones & Ryan A. Glasgow

December 18, 2018

Before the lame duck period of the 115th Congress, Rep. Jerrold Nadler (D-NY) and a group of 58 Democrat co-sponsors, introduced the Restoring Justice for Workers Act (H.R. 7109), which would prohibit employers from requiring employees to sign mandatory arbitration agreements.…

Hunton Employment & Labor Perspectives

DOL “Tips” the Scale in Favor of Restaurant Employers by Ending 20% Tip Credit Rule

By Cullan E. Jones & M. Brett Burns

December 6, 2018

The Department of Labor (“DOL”) recently published an Opinion Letter (FLSA-2018-27) reissuing its January 16, 2009 guidance (Opinion Letter FLSA-2009-23) and reversing its Obama-era position on the 20% tip credit rule. This opinion letter marks another major shift in DOL’s policy and presents a welcome change for employers in the restaurant industry.…

Hunton Employment & Labor Perspectives

New Compliance Requirements for FCRA Background Checks

By Cullan E. Jones

September 21, 2018

The Consumer Financial Protection Bureau (“CFPB”) issued a new “A Summary of Your Rights Under the Fair Credit Reporting Act” (“FCRA”) (“Summary of Rights”) form on September 12, 2018. This form replaces the previous version issued on November 12, 2012, and is expected to be implemented by employers on September 21, 2018.…

Hunton Employment & Labor Perspectives

Supreme Court’s Decision Upholding Arbitration Agreements Applies to Independent Contractors Too

By Cullan E. Jones & Juan C. Enjamio

September 11, 2018

As we wrote about last month, on May 21, 2018, the Supreme Court rendered its decision in Epic Systems Corp. v. Lewis, 138 S. Ct. 1632 (2018), rejecting perhaps the largest remaining obstacles to the enforcement of class action waivers in arbitration agreements in the employment context. The Court concluded that the class action waivers did not violate the National Labor Relations Act (“NLRA”). Although the Court’s opinion also seemed dispositive of whether such agreements could…

Cullan E. Jones

Background Check Vendors Beware: the CFPB’s Authority to Enforce the FCRA Applies to You Too

Boeing Test Takes Off as NLRB Holds Employer’s Confidentiality and Media Contact Rules Lawful

FTC Defers to CFPB by Rescinding FCRA Model Forms and Disclosures

Employer’s Posting of Side Letter Explaining NLRB Settlement Notice Breaches Settlement Agreement

Massachusetts Retail and Inside Salespersons Are Now Entitled to Overtime and Sunday Premium Pay

Federal Court “Tips” the Scale in Favor of Restaurant Workers by Reviving 80/20 Rule

Epic Changes to Epic Systems: House Democrats Seek to Prohibit Class Waivers in Arbitration Agreements

DOL “Tips” the Scale in Favor of Restaurant Employers by Ending 20% Tip Credit Rule

New Compliance Requirements for FCRA Background Checks

Supreme Court’s Decision Upholding Arbitration Agreements Applies to Independent Contractors Too

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