Labor & Employment Law Navigator

Key Issues, Developments and Strategies Affecting Your Workforce

Reposted from a Litigation client alert. A recent $44 million jury verdict in state court in Chicago serves as a stark warning to companies who hire employees that might bring trade secrets from their former employers to their new position. The lesson: take concrete steps to ensure a new employee doesn’t share or use those trade secrets, or risk being held accountable for the employee’s actions. Quite often, the new employer with a deep pocket…
This week, the United States Supreme Court agreed to consider whether Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination on the basis of gay and transgender status. The Court will consider this issue in the context of three cases: Two involve claims that employees were fired because of their sexual orientation. In the third case, the plaintiff claims she was fired because she was transgender and preparing to live openly as…
Recent reports of campaigns designed to discourage potential employers from hiring Trump Administration officials raise the question of whether a private sector employer would have any jeopardy for going along with such a boycott. The answer depends upon where the act takes place. Fifteen states,[1] plus Puerto Rico and the District of Columbia, prohibit discrimination or retaliation against employees or applicants on the basis of political affiliation or activity. Some states have more limited,…
Last month we discussed a developing story regarding employer requirements to provide pay data on EEO-1 reports – more formerly known as Component 2. As we discussed, on March 4, 2019, The U.S. District Court for the District of Columbia ordered the immediate reinstatement of the EEOC’s pay data collection provisions (requiring covered employers to report pay information by race, ethnicity, and gender) in their EEO-1 report. The Office of Management and Budget (OMB) had…
On April 1, the U.S. Department of Labor proposed a new regulation for determining a company’s joint employer status under the Fair Labor Standards Act. When two companies are deemed joint employers, they share responsibility for the workers’ wages, which include the payment of minimum wages and overtime. Under the new rule, the Labor Department would analyze the following four factors in evaluating whether a company jointly employs workers: Whether the company hires or fires…
Earlier today, the U.S. Department of Labor (“DOL”) announced a proposed rule to update regular rate calculations under the Fair Labor Standards Act (“FLSA”). Under the FLSA, employers must pay overtime pay to employees who work more than 40 hours in a week. The overtime pay rate is one and a half times an employee’s “regular rate” of pay. However, as many employers know, calculating an employee’s regular rate is not as straightforward as it…
Earlier today, the U.S. Department of Labor announced the official publication of the proposed changes to the federal overtime rules. This announcement is significant because it triggers the start of the 60-day period for public comments in favor of and opposed to the rule changes. The comment period will remain open until May 21, after which the Department of Labor will evaluate the comments and decide whether and when to implement any of the changes.…
Oxycontin No Longer Covered In light of the major role Oxycontin has played in the opioid crisis faced by Ohio and the rest of the country, the Ohio Bureau of Workers’ Compensation (BWC) has removed the painkiller from its list of approved drugs it will cover for Ohio’s injured workers. Starting in July of this year, no new prescriptions for Oxycontin will be approved and the drug will be replaced by Xtampza ER, another form…
Last week, the Department of Justice issued some revisions to its guidance on enforcement of the Foreign Corrupt Practices Act. This guidance informs employers of what the DOJ looks for when assessing employers’ level of cooperation and compliance with the FCPA. Thus, employers take this guidance very carefully into account when developing their compliance programs. One notable change made by the DOJ was a clarification of employers’ obligations to develop policies on the use of…
Private employers with more than 100 employees previously have been required to report workforce data across 10 job categories broken down by race, gender and ethnicity. The data is reported annually by October 1 to the U.S. Equal Employment Opportunity Commission (“EEOC”) on the EEO-1 form, which currently comprises one page for each facility of an employer. In the summer of 2016, during the Obama administration, the EEOC expanded the EEO-1 effective March 31, 2018,…