On January 12, 2020, the United States Department of Labor (DOL) issued a final rule in which it adopted a four-factor balancing test to determine the joint employer status of an employee under the Fair Labor Standards Act (FLSA), the…
As noted in thecorporatecounsel.net, the EY Center for Board Matters has released a new study of human capital disclosures. Human capital has recently become recognized, especially by many institutional investors, as among companies’ key assets in creating long-term value. SEC…
In a decision issued this week in M.V. Transportation, the National Labor Relations Board has finally recognized the wisdom of the guidance from the appellate courts, and adopted the “contract coverage” framework for assessing employer unilateral action during the term…
The U.S. Equal Employment Opportunity Commission (“EEOC”) recently announced that its 2019 EEO-1 Component 2 portal is now open and accepting submissions. Employers with this requirement only have until September 30, 2019, to submit and certify their data to the…
For about six years the writing was on the wall; the U.S. Supreme Court was anxiously awaiting the opportunity to reconsider its now 41-year old ruling allowing public sector unions to require non-union members to pay them “agency” or “fair-share”…
On June 6, 2018, the National Labor Relations Board’s (NLRB) general counsel (GC) issued a new guidance memorandum (GC Memo 18-04) that contains updated guidance on how the regional offices should be reviewing and interpreting unfair labor practice charges involving…
On Monday, the U.S. Supreme Court ruled 5-4 that it is legal for an employer to require its employees, as a condition of their continued employment, to agree to arbitrate claims against the company through one-on-one arbitrations, and thus to…
Say an employee slips $20 from the register and even admits to it when you show the camera footage. Or, more innocently, say an employee is overpaid $20 entirely by accident. If the employee refuses to give it back, should…
Failure to accommodate claims under the Americans with Disabilities Act frequently stand or fall on a determination of the essential functions of the position at issue. Since the ADA requires an employer to provide a reasonable accommodation that will allow…
