Blog Posts

Former University of Southern California football player Lamar Dawson’s attempt to be declared an “employee” under the Fair Labor Standards Act (FLSA) was soundly defeated in federal court. Dawson brought the lawsuit on behalf of himself and a similarly situated class of Division I FBS football players in which he alleged that they should be entitled to minimum wage and overtime payments in return for their “work” generating “massive revenues” for their universities. (more…)

While President Obama’s landmark overtime expansion is pending in a Texas federal court, on May 2, 2017, the Republican House passed the Working Families Flexibility Act (H.R.1180/S.801) by a vote of 229 – 197, which would change overtime pay in the private sector, as we know it. Not one Democrat voted for the bill and Senator Elizabeth Warren called the bill a “disgrace” on Twitter. In opposition to the Act, the National Partnership for Woman & Families calls the Act “harmful, smoke-and-mirrors legislation” as it believes that the Act would set up a false choice between time and money. Why is everyone so up in arms about the Act? Let’s take a look . . .
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New York City is the third jurisdiction to pass a ban on salary history inquiries, following Massachusetts and Philadelphia.  Philadelphia’s law was set to take effect in May 2017, however, the constitutionality of Philadelphia’s ban was challenged when the Chamber of Commerce of Greater Philadelphia filed a lawsuit in federal court on April 9, 2017, claiming the ban deprives businesses of their First Amendment rights.  Read our recent article outlining the provisions of Philadelphia’s ban.  New York City’s law will take effect 180 days after the Mayor signs it, which is expected because the Mayor has expressed approval of the ban.
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Think twice the next time you decide to forego the Oxford comma.  For the non-grammar nerds in the room, the Oxford comma, otherwise known as the serial comma, is the comma used just before the coordinating conjunction (“and” or “or”) when three or more terms are listed.  It is viewed by many as optional.  Enter the First Circuit’s recent ruling regarding Maine’s overtime law. (more…)

A National General Strike has been announced for February 17, 2017 as a “peaceful display of resistance and solidarity” to protest the Trump Administration’s policies. This “strike” poses thorny legal issues for nonunion employers that are unaccustomed to dealing with “striking employees.” Purely political protests, including walking off the job and calling out, can be protected if the purpose of the protest is to impact their interests as employees through the political process. However, it is not at all clear that the National General Strike has anything to do with employment policies, and it appears to be directed to protests of the Trump administration generally.
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D.C. joins 11 other jurisdictions (California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Nevada, Oregon, Vermont and Washington) in banning employers’ use of employees’ or applicants’ credit histories.
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This is a brief update to the court machinations in the DOL’s appeal of the Texas Court’s decision to issue a preliminary injunction barring the implementation of the Final Overtime Rule. That appeal is now before the Court of Appeals for the Fifth Circuit, generally known as an employer-friendly circuit.
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EDITOR’S NOTE: THIS IS SATIRE

MEMORANDUM

To:                   Management Team

From:               Legal Department

Date:                December 15, 2016

Re:                   Company Holiday Event Post-Mortem

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Three years ago, the Company Christmas Party resulted in various criminal charges, allegations of sexual harassment, compensation of the entire Accounting Department for an all-night game of Truth-Or-Dare, a workers compensation claim for dance fighting, and the consummation of a little boy named Wendell, Jr. The Legal Department took inventory of these events in a memorandum that provided advice for future parties. (more…)

On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (the “DTSA” or the “Act”) into law.  Prior to enactment of the DTSA, the law governing trade secrets was left to the states, most of which have adopted the Uniform Trade Secrets Act.  The DTSA creates a federal cause of action for misappropriation of trade secrets, which is available in conjunction with claims under state law.  Among other forms of relief, the DTSA provides for attorneys’ fees and exemplary damages, a form of punitive damages, under certain circumstances.  An additional means of protecting trade secrets is great for employers, but the DTSA sets forth specific steps that employers must take to enjoy all of its protections.
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It’s the most common employment law claim . . . retaliation.  In 2015, 44.5% of the total EEOC charges were based on retaliation, which exceeded even race-based charges of discrimination.  So it is not surprising that the EEOC decided to weigh in.  On August 29, 2016, the EEOC issued its final 76-page Enforcement Guidance on Retaliation and Related Issues, the first retaliation guidance provided by the EEOC since 1998.
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