Perspectives on Labor, Employment & OSHA

The Supreme Court of Virginia reversed a lower court decision in December 2017, finding that false reps and warranties leading into an acquisition is fraud.

A three-judge panel on the US Court of Appeals for the Fourth Circuit issued a unanimous decision holding that Smithfield Packing Co. Inc. could not be held liable under Title VII of the Civil Rights Act of 1964 for sexual harassment.

The federal Fair Labor Standards Act (FLSA) requires that employers pay overtime based on an employee’s “regular rate” of pay.

The Wage and Hour Division of the United States Department of Labor announced on March 6, 2018 that it will launch a new nationwide pilot program, the Payroll Audit Independent Determination (PAID) program, which is designed to facilitate resolution of potential overtime and minimum wage violations

In a 10-3 en banc decision with numerous concurring and dissenting opinions, the US Court of Appeals for the Second Circuit recently reversed its own precedent to hold, for the first time, that discrimination on the basis of sexual orientation is prohibited by Title VII of the Civil Rights Act of 19

This year, Arent Fox recognizes Partner Richard Webber and Associates Cesar Francia and Karen Van Essen for pro bono work that consistently goes above and beyond with comprehensive, long-term projects and deep dedication.

On February 26, 2018, the National Labor Relations Board (NLRB or Board) (3-0, Member Emanuel did not participate) issued an Order vacating the Board’s decision in Hy-Brand Industrial Contractors, Ltd. and Brandt Construction Co., 365 NLRB No. 156 (2017), in light of the determination by the Board’s

As non-compete agreements have become more widely used, they have also come under more scrutiny. Legislative efforts and judicial action in Illinois reflect a growing trend at the state-level to impose limitations on non-competition agreements.

In a recent speech, the head of the Antitrust Division of the US Department of Justice (DOJ) once again warned companies about the antitrust risks of certain agreements among employers not to hire each other’s employees.

On December 29, 2017, the California Court of Appeal issued a long-awaited decision confirming.

Thanks to the Maryland General Assembly’s override of Governor Larry Hogan’s veto, the Maryland Healthy Working Families Act (the Act) will go into effect on February 11, 2018, unless its implementation date is extended by the legislators.

The DOL will adopt the “primary beneficiary” test endorsed by those courts in evaluating internships sponsored by private employers.

Arent Fox LLP is pleased to announce the election of 10 new partners and two new counsel, effective January 1, 2018.

The Supreme Court of California unanimously reversed the Fifth District Court of Appeal and upheld the constitutionality of an amendment establishing a Mandatory Mediation and Conciliation process for “first contract” negotiations extending beyond 90 days.

The National Labor Relations Board has reinstated a previous long-standing rule, holding that union employers do not have to bargain over “changes” to employment terms as long as they are consistent with past practice.

FCRA claims have been on the rise, particularly those alleging employers’ background check authorization forms contain unlawfully extraneous information.

NLRB recently overturned a case that had established a standard for evaluating the legality of employer handbook policies.

Punctuated by the very public October 2017 downfall of Harvey Weinstein, dozens of employers in a wide variety of industries have faced a media storm of negative publicity due to allegations of workplace sexual harassment.

On December 5, 2017, the US Department of Labor (DOL) announced a Notice of Proposed Rulemaking (NPRM) regarding the tip regulations under the Fair Labor Standards Act (FLSA). 

Peter Robb, the new General Counsel of NLRB, issued a memorandum in December 2017 entitled “Mandatory Submissions to Advice.”

Bloomberg BNA Daily Labor Report recently profiled Arent Fox Labor & Employment partner Stewart Manela. In the article, Stewart describes some of the changes he’s observed in the legal industry over his 40-year career at Arent Fox.

California Governor Jerry Brown signed two major pieces of legislation affecting the application and hiring process for nearly all employees. AB 168 prohibits employers from seeking salary history information about an applicant for employment, among its related provisions.

the US Court of Appeals for the Seventh Circuit recently held in Severson v. Heartland Woodcraft, Inc. that a medical leave of absence of several months is not a reasonable accommodation under the Americans with Disabilities Act. 

On August 29, 2017, the White House Office of Management and Budget implemented an immediate and indefinite stay of wage data reporting requirements that the Equal Employment Opportunity Commission added to its Employer Information Report (EEO-1) in September 2016.