Employers are reminded that the New York State Pay Transparency Law goes into effect Sept. 17, 2023. Covered employers in New York State will have new pay transparency obligations related to job advertisements.
Archives for August 29, 2023
Third Circuit Offers Guidance on When Donning and Doffing Safety Gear Is Compensable
A federal district court applied the wrong legal test when it held on summary judgment that oil rig workers were not entitled to compensation under the Fair Labor Standards Act (FLSA) for the time they spent changing into and out of protective gear, holds the U.S. Court of Appeals for the Third Circuit. Tyger v. Precision Drilling Corp., No. 22-1613, 2023 U.S. App. LEXIS 21374 (Aug. 16, 2023).
Roger Trim Comments on Changes to Colorado’s Pay Equity Laws Regarding Promotion Transparency
Roger Trim comments on new promotion transparency requirements taking effect in January 2024, requiring businesses to notify Colorado employees about all job openings and not just promotions in “States Put New Spin on Pay Gap Laws with Promotion Transparency,” published by Bloomberg Law.
Goldberg Segalla Welcomes Eric M. Kweon
Goldberg Segalla added Eric M. Kweon to the firm’s Workers’ Compensation group in Orange County.
Caroline J. Berdzik Discusses Wage, Hour and 1099 Concerns for Nursing Homes in McKnight’s Long-Term Care News
Caroline J. Berdzik, chair of the firm’s Employment and Labor, Health Care, and Long-Term Care groups, spoke with McKnight’s Long-Term Care News regarding an Ohio lawsuit in which a nurse claims her pay was docked for lunch breaks she often didn’t take while working at a nursing home.
Fifth Circuit Overrules Long-Standing Precedent to Align Itself with Other Courts Addressing Title VII Claims
Executive Summary: The United States Court of Appeals for the Fifth Circuit (which covers Texas, Louisiana and Mississippi) recently held that Title VII plaintiffs can show they were subjected to an adverse employment action for purposes of a Title VII claim even if they were not subjected to an “ultimate employment decision.”
NLRB’s Cemex Decision – Not Exactly Card Check, but Awfully Close
NLRB adopted a modified “Joy Silk doctrine,” which facilitates union organizing by card check instead of a secret ballot election. When a union demands recognition with a majority of employee-signed cards, the employer must either (i) recognize and bargain with the union or (ii) promptly file an RM
Inching Forward Toward Potential Clarification of Florida’s Individual Freedom Act (the “Stop-W.O.K.E.” Law)
On August 24, 2023, over a year after Florida’s Individual Freedom Act (IFA) (commonly referred to as the “Stop-W.O.K.E.” law) went into effect, and about one year after a Florida federal court partially enjoined the new law, a three-judge panel for the U.S.
Experienced Trial Lawyer Mattheus Stephens Joins Littler in San Diego
SAN DIEGO (August 28, 2023) – Littler, the world’s largest employment and labor law practice representing management, has added Mattheus Stephens as a shareholder in its San Diego office. Stephens joins from Schor Vogelzang & Chung LLP and brings more than 30 years of trial and litigation experience.
California Court’s Expansion of ‘Employer’ Could Have Implications for AI Regs
The California Supreme Court recently issued a ruling that expands the definition of employer under the state’s discrimination statute. This expansion may also have a…
UAW Seeks Large Raises as Possibility of Strike Looms
United Auto Workers (UAW) members approved a strike, should negotiations over a new four-year contract fail and union leaders call for one.
President of Powerful Realtors’ Group Resigns After Sexual Harassment Claims
Calls for Kenny Parcell to step down from the National Association of Realtors began immediately after The New York Times published an article with complaints of harassment and discrimination from multiple women.
Leading a Workforce Empowered by New AI Tools
A conversation with Babson professor Tom Davenport on the democratization of digital transformation.
No, SCOTUS Did Not Make Your Company’s DEI Programs Illegal
How to separate the legal implications from the politics.
Smucker’s return-to-office plan is a full embrace of remote work—with the big catch that it creates an entirely new kind of super-commuter
Don’t live in Orrville, Ohio? Your transition back to the office might still be as smooth as creamy peanut butter.