In a decision as complicated as the PAGA statute itself, the United States Supreme Court just held that the Federal Arbitration Act partially preempts California’s “Iskanian rule” that prohibits submitting individual PAGA claims to arbitration.
Earlier this week, in the latest of a line of cases expanding the scope of potential liability for California employers in wage-and-hour litigation, the California Supreme Court ruled that premiums owed to employees for violations of the meal and rest break requirements constitute wages under California law.
Currently, seven states require employers to provide (either proactively or upon request) a position’s wage or salary information to applicants, and, in some cases, to employees.
Under Washington law, employers are already prohibited from requiring employees sign nondisclosure agreements that restrict their ability to disclose workplace sexual harassment and assault.
Like the federal Fair Labor Standards Act (FLSA), Ohio’s overtime law requires that employees be paid 1.5 times their regular hourly rate for hours worked in excess of 40 in a workweek.
New York recently amended the state’s Civil Rights Law to require employers to provide their employees with prior notice of any telephone, email or internet monitoring.
In April 2022, the Massachusetts Supreme Judicial Court held that employers are strictly liable under the Massachusetts Wage Act for treble damages when making late final wage payments.
Earlier this month, the Equal Employment Opportunity Commission (EEOC) provided updated and additional guidance regarding caregiver discrimination under federal employment laws in light of the ongoing COVID-19 pandemic and its aftermath.
Earlier this month, a Texas federal court held that the Department of Labor (DOL) violated the Administrative Procedure Act by delaying and withdrawing a Trump-era rule that allowed businesses to more easily classify workers as independent contractors.
Earlier today, February 10, 2022, the Senate passed House Resolution 4445—expected to be signed into law by President Biden shortly—which prohibits the enforcement of contract provisions mandating arbitration of workplace sexual harassment or sexual assault claims.
On February 4, 2022, the U.S. Departments of Labor, the Treasury, and Health and Human Services (Tri-Agencies) issued additional Frequently Asked Questions (FAQs) regarding group health plan coverage of over-the-counter COVID-19 tests (OTC Tests).
On January 28, 2022, the U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the H-1B lottery process will open at noon ET on March 1, 2022 and will run through noon ET on March 18, 2022.
Since its enactment in 2008, the Mental Health Parity and Addiction Equity Act (MHPAEA) has prevented group health plans from imposing more restrictive benefit limitations on mental health or substance use disorder benefits compared to limitations on medical or surgical benefits.
On January 24, 2022, the U.S. Supreme Court unanimously overturned the Seventh Circuit decision in Hughes v. Northwestern University (see the decision here), and required the lower court to reevaluate whether any of the disputed investments in the extensive plan investment line-up were imprudent based on the circumstances prevailing at the time.
Having seen the proverbial writing on the wall, the Occupational Safety and Health Administration (OSHA) announced today that it will withdraw its COVID-19 Testing or Vaccination ETS effective January 26, 2022.
After nearly two years of frustrating uncertainty regarding whether employers are required to pay employees for time spent undergoing COVID testing or health screenings, the United States’ Department of Labor (DOL) has finally provided some guidance.
The IRS issued new proposed regulations (https://public-inspection.federalregister.gov/2021-25202.pdf) which will impact furnishing Forms 1095-B and 1095-C to covered individuals.
