The War on Employment Arbitration

By Andy Volin The Seventh Circuit just created a split in the Federal Courts of Appeals by ruling an employment arbitration provision that did not permit arbitration of collective claims was not enforceable because it violated the National Labor Relations Act.  Lewis v. Epic Systems Corp., No. 15-2997 (7th Cir. May 26, 2016). This is the first […]

SCOTUS Gives Plaintiffs Second Apple

By John Alan Doran Today the U.S. Supreme Court gave would-be plaintiffs not just a second bite at the apple, but an entirely new apple when it comes to Title VII limitations periods. Green v. Brennan. The Court held today that Title VII’s limitations periods begin to run on a constructive discharge claim from the […]

Overtime Pay Webinar

For those of you seeking additional information on our blog topics from last week about the new overtime pay regulations (New Overtime Pay Minimum Salary Doubles), join us for a complimentary webinar on Tuesday, June 7th!  Andy and Erica will discuss the DOL’s long awaited new regulations for the overtime exemptions, including changing affecting salary […]

SCOTUS Dodges EEOC Fee-Shifting

By John Alan Doran This morning, the Supreme Court dodged the final resolution of an issue we have all been dying to have resolved, but threw a nice bone to employers in the process. CRST Van Expedited, Inc. v. EEOC The case started when the EEOC brought a wide-ranging, scattergun lawsuit against trucking giant CRST Van […]

New Overtime Pay Minimum Salary Doubles

By Andy Volin $47,500 is the new minimum annual salary level ($914/week) for the white collar overtime exemption, according to an announcement [expected later] this week by the Department of Labor. This more than doubles the current minimum of $455/week. The effective date for this new requirement is December 1, 2016. According to reports, the […]

2 Key SCOTUS Spokeo Takeaways

By John Alan Doran The Supreme Court held this morning that a party suing for a purely technical violation of a statute (in this case, the Fair Credit Reporting Act (“FCRA”)) must demonstrate that he/she has suffered or is likely to suffer a concrete harm from the statutory violation. Spokeo, Inc. v. Robins. Robins sued Spokeo under […]

5 Keys To Federal DTSA

By John Alan Doran Today, President Obama signed into law the Defend Trade Secrets Act (“DTSA”). The DTSA essentially federalizes trade secrets law by creating sweeping civil remedies and penalties for theft of trade secrets. Here are five key things you need to know about the law: (1) The DTSA creates federal court jurisdiction for […]

OSHA to Enforce Anti-Retaliation

By Pat Miller OSHA announced today a new anti-retaliation rule that will allow it to issue citations against employers whose injury and illness reporting requirements are deemed to be retaliatory. OSHA believes that reporting policies that might somehow dissuade employees from reporting injuries violate the new rule. OSHA can seek abatement in the form of […]

Pregnancy Accommodation Headed to Governor

By Brooke Colaizzi A bill requiring Colorado employers to provide reasonable accommodations to pregnant employees has passed both the Colorado House and the Senate and is headed to Governor John Hickenlooper’s desk. Employers already must provide reasonable accommodations for conditions and complications related to pregnancy that meet the definition of “disability” under federal or state […]