Supreme Court Steers Transportation Workers Away From Arbitration

In New Prime Inc. v. Oliveria, the Supreme Court of the United States issued an opinion, holding that Section 1 of the Federal Arbitration Act (“FAA”) limits the scope of a court’s authority to stay litigation and compel arbitration when addressing “contracts of employment of seamen,
Continue Reading →

A Flurry of New California Laws Going Into Effect January 1, 2018

Monday was California Governor Jerry Brown’s final day to sign new legislation.  This included a flurry of new laws impacting California employers.  All new legislation goes into effect on January 1, 2018.  Highlights below. New Parent Leave Act for Small Employers (SB 63)  This New P
Continue Reading →

Compliance With California’s New Transgender Regulations

Effective July 1, 2017, California issued a new set of regulations expanding protections under the Fair Employment and Housing Act (“FEHA”) related to the transgender community. Transitioning/Transitioned Employees The new regulations expressly prohibit discrimination against an indiv
Continue Reading →

Revised Form I-9 Now Available

In an effort to become more user-friendly, the United States Citizenship and Immigration Services office (“USCIS”) released a revised version of Form I-9, Employment Eligibility Verification, in July of this year.  All employers must use the revised form starting September 18, 2017. T
Continue Reading →

Does Title VII Prohibit Discrimination in Employment on the Basis of Sexual Orientation?

The answer is still no – unless you employ individuals in Illinois, Indiana, or Wisconsin. On April 4, 2017, the U.S. Court of Appeals for the Seventh Circuit, which covers Illinois, Indiana, and Wisconsin, became the first U.S. Court of Appeals to rule that discrimination on the basi
Continue Reading →

Federal Court Blocks Implementation of Department of Labor’s New Overtime Rule

On May 18, 2016, President Obama and the Department of Labor released a Final Rule updating federal overtime regulations. The key provisions were detailed on the BurnBarton blog here, but most notably, the Rule more than doubled the salary threshold for “white collar” workers—from $45
Continue Reading →

Upcoming Changes to Occupational Safety and Health Regulations

On May 12, 2016, the Occupational Safety and Health Administration (“OSHA”) published new final rules impacting employers. These rules affect the reporting of workplace injuries, and may also require employers to reevaluate various policies. The most significant changes are summarized
Continue Reading →

Local Ban the Box Legislation – The Next Big Push to Limit Background Checks

In April 2012 the EEOC issued guidance on the use of an applicant’s criminal history in making hiring decisions. This guidance has been followed by a rush of “Ban the Box” or “Fair Chance” legislation across the nation. These state and municipal laws prohibit employers from inquiring
Continue Reading →

EEOC Issues Guidance Regarding Transgender Employees

 The EEOC recently issued guidance regarding employers' obligations with respect to transgender employees. Key points: “Transgender” refers to people whose gender identity and/or expression is different from the sex assigned to them at birth (e.g., the sex listed on their birth certif
Continue Reading →

Department of Labor Raises White Collar Salary Threshold

On May 18, 2016, President Obama and Department of Labor released the final rule updating overtime regulations. The final rule, which is effective on December 1, 2016, includes the following key provisions: The salary threshold for “white collar” workers will more than double from $45
Continue Reading →