Lexology

DOL “Tips” the Scale in Favor of Restaurant Employers by Ending 20% Tip Credit Rule

USA - December 6 2018 The Department of Labor (“DOL”) recently published an Opinion Letter (FLSA-2018-27) reissuing its January 16, 2009 guidance (Opinion Letter…

New Provision Added to the California Labor Code Protecting Employers of Emergency Service Workers

USA - December 5 2018 In the recent election, Californians voted to add an employer-friendly provision to the Labor Code that allows emergency ambulance workers to be…

Proposed Regulations Expand Availability of Heath Reimbursement Arrangements

USA - December 4 2018 On October 29, 2018, the Internal Revenue Service, Department of Labor and Department of Health and Human Services (the “Departments”) jointly…

Drug-Free Workplaces Are Not Compromised by 2018’s Newest Crop of Marijuana Laws

USA - December 3 2018 Voters in Michigan, Utah and Missouri passed marijuana-related ballot measures in the November 2018 elections. Michigan, which legalized medical…

California Federal Court First to Require Class Action Settlement Data To Be Made Public

USA - November 7 2018 The U.S. District Court for the Northern District of California is a popular venue for class action lawsuits. As of November 1, 2018, it is also the…

Supreme Court Extends ADEA Coverage to Small State and Local Government Employers

USA - November 7 2018 The U.S. Supreme Court held yesterday that the Age Discrimination in Employment Act (ADEA) applies to state and local government employers, regardless…

California’s AB 2770 Protects Employers and Victims of Sexual Harassment from Defamation Claims

USA - November 1 2018 In the wake of the #MeToo movement, many state legislatures have begun to take action to provide greater protections for victims of sexual harassment…

Press Pause Before Using Biometric Tech in the Workplace

USA - October 29 2018 In a new class action filed recently against a hospital housekeeping company, employees allege their employer’s fingerprint scanning time-tracking…

New General Counsel Memorandum Reiterates The NLRB’s Policy of Increased Scrutiny of Unions

USA - October 26 2018 It’s now officially public: under the National Labor Relations Board’s (NLRB) General Counsel Peter B. Robb, unions may face greater scrutiny and a…

OSHA Clarifies Stance on Anti-Retaliation Measures to the Relief of Employers

USA - October 22 2018 A memorandum recently released by the Occupational Safety and Health Administration (OSHA) has clarified the agency’s position on whether safety…