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Hunton Employment & Labor Prespective : Court Rules: Continued Employment Supports Consent To Arbitrate
On April 10, 2019, the California Court of Appeals, Second District, in Diaz v. Sohnen Enterprises, 2019 S.O.S. 1722
United States
3 Jun 2019
Hunton Employment & Labor Perspectives: Employer's Posting Of Side Letter Explaining NLRB Settlement Notice Breaches Settlement Agreement
On May 13, 2019, in Outokumpo Stainless USA, LLC v. N.L.R.B., No. 17-15498 (11th Cir.), the Court of Appeals for the Eleventh Circuit enforced an NLRB order finding that stainless steel producer
United States
30 May 2019
Hunton Employment & Labor Perspectives: Massachusetts Retail And Inside Salespersons Are Now Entitled To Overtime And Sunday Premium Pay
Massachusetts' highest court, The SJC, recently issued its long awaited decision in Sullivan v. Sleepy's LLC, SJC-12542, in which the SJC responded to certified questions of first impression from the United States...
United States
29 May 2019
Hunton Employment & Labor Perspective: California Court Of Appeals Bolsters Willfulness Defense To FCRA Actions
In a positive development for employers, the California Court of Appeals affirmed summary judgment for an employer in a class action alleging willful violations of the Federal Fair Credit
United States
22 May 2019
Hunton Employment & Labor Perspective: Supreme Court Holds That Agreements To Class Arbitration Must Be Explicit
In a 5-4 decision, the U.S. Supreme Court slammed the door shut on class arbitration unless specifically authorized by the parties.
United States
10 May 2019
Hunton Employment & Labor Perspectives Blog: California Chamber Of Commerce Identifies First "Job Killer" Bills Of 2019
Each year, the California Chamber of Commerce ("Chamber") identifies proposed state legislation that the Chamber believes "will decimate economic and job growth in California."
United States
23 Apr 2019
Hunton Retail Law Resource: California Chamber Of Commerce Identifies First "Job Killer" Bills Of 2019
Each year, the California Chamber of Commerce ("Chamber") identifies proposed state legislation that the Chamber believes "will decimate economic and job growth in California."
United States
22 Apr 2019
Hunton Employment & Labor Perspective: Federal Court "Tips" The Scale In Favor Of Restaurant Workers By Reviving 80/20 Rule
We recently highlighted DOL opinion letter 2018-27, which rescinded the 80/20 rule and was a welcome change for employers in the restaurant industry.
United States
7 Mar 2019
Hunton Employment & Labor Perspectives: District Courts Are Divided On Whether Bristol-Myers Extends To The Federal Class Action Context
As detailed in our previous article on this issue, in Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco Cty., 137 S. Ct. 1773 (June 17, 2017),
United States
6 Feb 2019
D.C. Circuit Upholds Joint Employer Rule, Leaves Room For Changes Through Rulemaking
This typically arises in a situation where one employer retains the other employer to provide business services.
United States
10 Jan 2019
Supreme Court's Decision Upholding Arbitration Agreements Extended To The FLSA
On May 21, 2018, the United States Supreme Court issued its decision in Epic Systems Corp. v. Lewis, holding that the National Labor Relations Act
United States
9 Sep 2018
Federal 7th Circuit Court Extends Anti-Discrimination Workplace Protection To Sexual Orientation In Landmark Decision
On Tuesday, April 4, 2017, the U.S. Court of Appeals for the 7th Circuit ruled in Hively v. Ivy Tech Community College of Indiana that employment discrimination on the basis of sexual orientation...
United States
20 Apr 2017
Status Of OFCCP-Related Executive Orders Under The Trump Administration
President Trump's actions during his first days in office confirm our prediction that his victory will bring changes in executive actions impacting employees and employers.
United States
13 Feb 2017
Impact Of Presidential Election On Key United States Supreme Court Cases
America's next President will potentially have the authority to nominate more than one United States Supreme Court Justice before the end of his or her presidency.
United States
10 Nov 2016
NLRB Eliminates Employer Consent Requirement For Combined Bargaining Units
This ruling overturns the Board's 2004 decision in Oakwood Care Center which required temporary and permanent employees to bargain separately unless the employer gave consent.
United States
26 Jul 2016
Reducing Employees' Hours Could Lead To Discrimination Claims Under ERISA
The District Court for the Southern District of New York recently denied a motion to dismiss a case alleging that Dave & Buster's "right-sized" its workforce for the purpose of avoiding healthcare costs.
United States
17 Mar 2016
Subcontractor Or Franchisee Relationships May Expose Companies To Joint-Employer Status After Recent NLRB Decision
In a recent decision, Browning-Ferris of California, Inc., the National Labor Relations Board (the "Board") redefined and expanded its test for determining joint-employer status.
United States
22 Sep 2015
The United States Supreme Court Rules That The Sixth Circuit Can No Longer Infer That Collectively-Bargained Retiree Welfare Benefits Were Intended To Vest For Life
The long-standing Yard-Man inference, which has been lauded by retirees and loathed by their former employers, has been retired.
United States
16 Feb 2015
Fifth Circuit Caps Title VII Damages "Per Party"
Prior to July 11th, 2011, the US Court of Appeals for the Fifth Circuit had never addressed whether the damages cap under Title VII of the 1964 Civil Rights Act - which prohibits discrimination on the basis of race, color, national origin, religion, or gender - applies to each claim of discrimination brought by a claimant or applies overall to a claimant notwithstanding the number of discrimination claims filed.
United States
11 Aug 2011
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