It was a good start to the week for employers. That is because on Monday the U.S. Supreme Court issued its long-awaited decision in Lewis v. Epic Systems, and two other related cases, and held that class action waivers in
The California Supreme Court adopted a new test Monday for determining whether workers are employees—rejecting the court’s previous multi-factor test. The decision in Dynamex Operations West Inc. v. The Superior Court of Los Angeles County, S222732 (Cal. Apr. 30, 2018),
The Ninth Circuit U.S. Court of Appeals held Monday, on the eve of National Equal Pay Day, that it violates the Equal Pay Act to use pay history to justify wage gaps between male and female employees for the same
On February 21, the U.S. Supreme Court issued an opinion in Digital Realty Trust, Inc. v. Somers, S. Ct. No. 16-1276 (Feb. 21, 2018), narrowing the scope of who qualifies for whistleblower protection under the Dodd-Frank Act. Dodd-Frank is a
As we had previously reported, in 2015 the then-Democrat controlled National Labor Relations Board (NLRB) in the Browning-Ferris case ruled that a joint employer relationship could be found if an entity had mere indirect or potential control over individuals
Like many holidays, Valentine’s Day is a time when employees celebrate, while HR representatives, in-house counsel, and business owners hold their breath. In the #MeToo era, employers should consider proactively addressing workplace relationships and shoring up internal policies for
In a recent speech, the head of the Antitrust Division of the U.S. Department of Justice (DOJ) once again warned companies about the antitrust risks of certain agreements among employers not to hire each other’s employees. The Federal Trade
Schiff Hardin’s Labor & Employment Group again presents our annual legislative update, summarizing legislation slated to take effect in 2018 under federal law and Illinois, California, New York, Georgia, Michigan, and District of Columbia law.
Board Member Philip Miscimarra’s term on the National Labor Relations Board (NLRB) expired last week with a bang rather than a whimper. In the final days of his tenure, the Board reversed four controversial Obama-era decisions addressing joint employers, workplace
From Anita Hill’s allegations in the 1990s to the recent flood of allegations in the news headlines, sexual harassment has been a persistent and pervasive problem. It occurs at all levels, across all occupations. While many companies have policies addressing
