View Recent Blog Posts in Labor and Employment Law

  • Supreme Court’s Epic Systems Decision an Opportunity for Employers to Revisit the Use of Mandatory Arbitration Agreements By David M. Whitaker In May the United States Supreme Court issued a long-awaited decision in a trio of cases that concerned whether employers can lawfully use mandatory arbitration agreements containing provisions that preclude employees from pursuing employment claims on a class action basis – and instead require them to pursue their claims in an... Continue Reading... ....
  • Dads Have Rights, Too – Estée Lauder Companies will Pay $1.1 Million to Settle Class Sex Discrimination Lawsuit Filed by the EEOC By Erin L. Kilgore On July 17, 2018, the Equal Employment Opportunity Commission (“EEOC”) announced that Estée Lauder Companies will pay $1,100,000 and provide other relief to settle a class sex discrimination lawsuit filed by the EEOC. In 2017, the EEOC filed suit against Estée Lauder in federal court in Pennsylvania.  The EEOC alleged that... Continue Reading... ....
  • EEOC Continues to Target Americans with Disabilities Act Return to Work Issues By David M. Whitaker Employer compliance with the requirements of the Americans with Disabilities Act (ADA) has been among the EEOC’s top enforcement priorities under the Trump Administration. And a string of recent enforcement actions brought by the EEOC makes clear that the Agency will continue to be aggressive with respect to how employers manage... Continue Reading... ....
  • Paid Federal Family Leave Coming? By A. Edward Hardin, Jr. Bloomberg Law and the Tampa Bay Times reported that Florida Senator Marco Rubio announced the he would soon release proposed federal legislation creating paid family leave.  No details regarding the proposed legislation were released.  The Family and Medical Leave Act of 1993 (or as its commonly known – the FMLA)... Continue Reading... ....
  • The NLRB’s Fluctuating Joint Employer Standard   By Chelsea Gomez Caswell In recent years, the National Labor Relations Board’s joint employer standard has been in a state of flux, making it hard (if not impossible) for employers to feel like they can get a handle on this important standard and plan/organize/prepare accordingly. This week, we have again seen movement from the... Continue Reading... ....
  • Overtime Violations Can Be Costly By A. Edward Hardin, Jr. A recent story from New Orleans demonstrates that overtime violations can be costly.  In the case of a New Orleans bakery that paid employees for overtime at their straight time rate and paid some workers in cash, the issue cost the employer over $125,000 in back wages alone.  Pursuant to... Continue Reading... ....
  • Recent Headlines Demonstrate the Need for Policies and Training By A. Edward Hardin, Jr. America’s dad, America’s newscaster, and Louisiana’s Secretary of State all recently occupied headlines regarding allegations of sexual misconduct.  Last month, a Norristown, Pennsylvania jury found Bill Cosby guilty of three counts of sexual assault.  This was the same Bill Cosby who played the role of Dr. Cliff Huxtable on The... Continue Reading... ....
  • U.S. Supreme Court Overtime Ruling Signals Change By Ed Hardin On April 2, 2018, the United States Supreme Court issued its opinion in Encino Motorcars, LLC v. Navarro.  In a 5-4 decision, the Court ruled that automobile service advisors are not entitled to overtime under the federal Fair Labor Standards Act (“FLSA”).  In the Encino Motorcars case, the Court was asked to... Continue Reading... ....
  • TGIF! The End of an Action-Packed Few Weeks in Employment Law By Erin L. Kilgore It’s been a busy end of February.  For employers, the past two weeks have included several notable decisions: Dodd-Frank Does Not Protect In-House Whistleblowers Last Wednesday, on February 21, 2018, the United States Supreme Court unanimously held that the anti-retaliation provision of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection... Continue Reading... ....
  • Misclassifying Employees as Independent Contractors could Violate the NLRA By Zoe Vermeulen Deciding whether to classify workers as employees or independent contractors is an ongoing issue for companies. Misclassifying employees as independent contractors can draw the ire of federal and state agencies – including the Internal Revenue Service, the Department of Labor, and state workers’ compensation agencies – and can subject employers to back... Continue Reading... ....