EEOC Now Releasing Position Statements to Charging Parties
When an employee or former employee files a charge of discrimination against their employer, the EEOC has the authority to investigate. As part of the investigation, the EEOC asks the employer to...
View ArticleSupreme Court Allows Representative Evidence to Establish Liability in a FLSA...
Federal Rule of Civil Procedure 23(b)(3) requires that, before a class is certified, a district court must find that questions of law or fact common to class members predominate over questions...
View ArticleDepartment of Labor Releases New Overtime Rules
The long anticipated DOL overtime rules have been issued. On May 18, 2016, the Department of Labor released the Final Rule governing the “white-collar exemptions” to the Fair Labor Standards Act’s...
View ArticleDOL Issues New, More Expansive, Interpretation of Persuader Rule
In March of this year, the Office of Labor-Management Standards (“OLMS”) issued new regulations regarding the Persuader Rule. See29 CFR Parts 405 and 406. The new regulations, which become fully...
View ArticleOSHA Reporting Rules Discourage Use of Mandatory Post-Accident Drug Testing
On May 12, 2016, OSHA published the final version of new reporting rules intended to “Improve Tracking of Workplace Injuries and Illnesses.” See 81 Fed. Reg. 29623 – 29694 (to be codified as 29 C.F.R....
View ArticleSupreme Court Refuses to Enforce the DOL’s FLSA Regulation on Car Dealership...
On June 20, 2016, the Supreme Court of the United States held that the Department of Labor’s (“DOL”) 2011 regulation classifying “service advisors” as eligible for overtime pay under the Fair Labor...
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EEOC’s Revised EEO-1 Rule Seeks to Identify Equal Pay Discrimination
Companies should consider examining the extent to which there may be pay disparities in their workforce. Current events and the EEOC’s revised EEO-1 Rule suggests that all regulatory agencies will be...
View ArticleA New Type of Student Union – the NLRB’s decision in Columbia University
In its August 23, 2016 decision in Columbia Univ., 364 N.L.R.B. No. 90 (2016), the National Labor Relations Board (the “Board”) ruled that graduate students working as teaching and research assistants...
View ArticleGetting Ready for the Presidential Election – Voting Leave Law
With the Presidential Election just days away, employers need to be ready to accommodate workers who may want or need to leave during the workday to cast their votes. The purpose of this blog post is...
View ArticleDOL’s Persuader Rule Permanently Enjoined on a Nation-wide Basis by Texas...
On November 16, 2016, the United States District Court for the Northern District of Texas (Lubbock Division) entered an order holding that the Department of Labor’s Persuader Advice Exemption Rule is...
View ArticleCourt Halts New Overtime Rules on Nationwide Basis
Just as employers across the nation were bracing for the new rules governing white-collar exemptions to the overtime laws (“the New OT Rules”), a federal district court in Texas blocked the Department...
View ArticleOSHA Releases “Recommended Practices” for Anti-Retaliation Programs
The Occupational Safety and Health Administration (“OSHA”) recently released so-called “recommended practices” directed at employers who may be covered by any of the 22 whistleblower protection...
View ArticleRight to Work Enacted in Missouri
Governor Greitens signed the Missouri Right to Work Bill on February 6, 2017. See Missouri Senate Bill 19. It becomes effective on August 28, 2017 and applies to any new collective bargaining...
View ArticleSteps for Employers to Avoid Violating the Fair Credit Reporting Act
The federal Fair Credit Reporting Act (“FCRA”) outlines a strict procedure that employers must follow when they obtain criminal background reports, credit histories, and other background reports on...
View ArticleThe EEOC's Proposed Enforcement Guidance on Unlawful Harassment
The Equal Employment Opportunity Commission (EEOC) has issued proposed enforcement guidance on unlawful harassment (the “Proposed Guidance”). The Proposed Guidance is intended to be a follow-up to the...
View ArticleSt. Louis City Minimum Wage Set To Increase to $10 Per Hour
Today, the Circuit Court for the City of St. Louis, Missouri lifted an injunction that had blocked a St. Louis City ordinance increasing the minimum wage for St. Louis City businesses. This action came...
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