Greater Cooperation between the EEOC and DOL means More Charges for Employers
September 25, 2023
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Greater Cooperation between the EEOC and DOL means More Charges for Employers The EEOC and Department of Labor, Wage and Hour Division, recently signed a memorandum of understanding (MOU) that will allow greater cooperation between the agencies. Touted as a move that will allow “great
Continue Reading →The High Court Provides “Clarification” Regarding “Undue Hardship”
Gerald Groff began working for the United States Postal Service in 2012. At that time, there was no requirement that he work Sundays. When USPS started Sunday deliveries for Amazon, Groff requested, and received, a transfer to a small USPS station that did not make Sunday deliveries
Continue Reading →Got Exempt Employees? Here’s What The Helix Decision Means For You
As has been widely publicized, the U.S. Supreme Court announced in Helix Energy Solutions Group, Inc. v. Hewitt, No. 21-984, that a former employee was entitled to overtime pay under the Fair Labor Standards Act (“FLSA”), despite working as a manager and earning over $200,000 annually
Continue Reading →California Gig-Company Workers to Remain Independent Contractors
Earlier this week, in a win for gig economy companies, a California appeals court ruled Uber, Lyft, and similar app-based ride-hailing and delivery companies can continue to classify their California drivers as independent contractors pursuant to Proposition 22. In 2020, California su
Continue Reading →Attention California Employers! New Guidance for Complying with Expanded Pay Data Reporting Requirements
March 07, 2023
Effective this year, Senate Bill 1162 significantly expanded the employer pay data reporting requirements of California Government Code section 12999. The California Civil Rights Department (CRD) recently released guidance to help employers comply with the new requirements by the upc
Continue Reading →NLRB Attempts to Restrict Releases – Should You Be Worried?
The National Labor Relations Board issued a decision on Tuesday, February 21, effectively wiping out several Trump-era rulings allowing employers to include confidentiality and non-disparagement provisions in severance agreements. The current Board now takes the stance that it is an u
Continue Reading →“I Didn’t Do It.” New Arizona Law Allows Applicants to Conceal their Criminal Record
February 22, 2023
The Arizona legislature recently passed a law that will allow job seekers to hide certain crimes from potential employers. Under A.R.S. § 13-911, Arizona residents who are arrested, convicted, or sentenced on or after December 31, 2022 may petition the court to have their criminal rec
Continue Reading →Paid Military Leave? Maybe.
February 16, 2023
In a “matter of first impression,” the Ninth Circuit Court of Appeals recently held in Clarkson v. Alaska Airlines, Inc. (No. 21-35473, Feb. 1, 2023) that the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) requires employers to pay servicemembers while on militar
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