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Coats v. Dish Network, LLC: The Colorado Supreme Court Provides Added...
On Monday, June 15, 2015, the Colorado Supreme Court, in a long-awaited decision in the Coats v. Dish Network, LLC, case, confirmed what actions employers may take against employees in Colorado who use...
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Financial Agencies’ Joint Diversity Standards Voluntary for Regulated Entities
Six federal financial agencies—the Federal Reserve Board, the Federal Deposit Insurance Corporation, the National Credit Union Administration, the Office of the Comptroller of the Currency, the...
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The Much-Anticipated Proposed Overtime Regulations Would Extend Overtime...
Yesterday, the U.S. Department of Labor (“DOL”) announced a much-anticipated proposed rule that, among other things, more than doubles the salary threshold required for an employee to qualify as exempt...
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Tinley Park Hotel and Convention Center: The NLRB Gets Out Its Selfie Stick
Over the past few years, many employers have found out—the hard way—that the National Labor Relations Board is serious in policing employee handbooks for provisions that the Board believes are “overly...
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Updates to California’s Paid Sick Leave Law
California Governor Jerry Brown has signed a bill intended to cure some of the ambiguities in the state’s new paid sick leave law that have been a headache for employers. The Healthy Workplaces,...
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DOL Meets The Far Side, Targets Independent Contractor Relationships
The all-time best The Far Side cartoon (based on an unscientific survey, sample size of me) is the one with two deer standing in the forest, one with a red circular target imprinted on its chest. The...
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The ADA Celebrates Its 25th Anniversary – A Look Back at the Development of...
Twenty-five years ago this week, the Americans with Disabilities Act of 1990 (“ADA”) was enacted into law with its stated purpose being “to provide clear, strong, consistent, enforceable standards...
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Has the Fifth Circuit Opened the Door for Potential Liability of Staffing...
In Burton v. Freescale Semiconductor Inc. and Manpower of Texas, LP, No. 14-50944, — F.3d —-, 2015 WL 4742174 (5th Cir. Aug. 10, 2015), the Fifth Circuit reversed the district court’s grant of summary...
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NLRB Blows Up Staffing Agency Model: Rewrites Joint-Employer Test
Boom! In a 3-2 decision, the National Labor Relations Board spontaneously redefined joint employment in a way that threatens to turn almost every company that works with a staffing agency into a joint...
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Can Employers in the Fifth Circuit Be Liable for Retaliation Under Title VII...
In Zamora v. City of Houston, 14-20125 (Aug. 19, 2015), the Fifth Circuit joined the Sixth, Eighth, and Tenth Circuits in holding that the “cat’s paw” theory of causation can also be utilized in Title...
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DOL Final Rule Withstands Challenge, Mandates Changes for Home Health Employers
The U.S. Court of Appeals for the D.C. Circuit recently reinstated regulations from the U.S. Department of Labor (DOL), extending federal minimum wage and overtime requirements to home health workers...
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Who Is Houston’s New “HERO”? Houston City Council Passes Sweeping Equal...
***UPDATE*** Houston’s controversial equal rights ordinance (commonly referred to as HERO) failed by a wide margin on Tuesday. Houstonians rejected the proposition by a vote of 61% to 39%. Largely...
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New York City Fair Chance Act
New York City’s Fair Chance Act took effect last week, amending the New York City Human Rights Law by prohibiting covered employers from asking about criminal history until after a conditional offer...
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Sixth Circuit Differentiates Trade Secrets and Confidential Information Under...
Last week, in a diversity jurisdiction case, the Sixth Circuit analyzed Texas law to identify the relationship among three separate categories of business information: (1) trade secrets, (2)...
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Philadelphia Shows Brotherly Love for Ex-Felons Seeking Jobs
Quick quiz: Which of the following statements by an employer is illegal in Philadelphia? (A) I would never hire a vegetarian. (B) No ugly people will be hired here. (C) I hate dyed hair. If the carpet...
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Oregon Limits Criminal Background Inquiries by Employers
Oregon became the seventh state to ban the box for private employers, prohibiting any questions about criminal background on employment applications and at any time before an initial interview takes...
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Protect the Knowledge and Relationships that Make Your Business Valuable
Editor’s Note: Originally published by the Columbus Chamber of Commerce, this article appeared on their website January 6, 2016. It is republished to BakerHostetler’s Employment Law Spotlight with...
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California Court Clarifies How to Calculate Overtime on Flat Sum Bonuses
A California court of appeal has addressed a gap in California law to clarify what can be a tricky problem for employers — how to calculate overtime on bonuses of a fixed amount, or “flat sum” bonuses....
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Powerball for H-1B Visas
Lottery mania has been sweeping the nation as Powerball winnings exceeded $1 billion for the first time. For highly skilled foreign nationals and the employers who desire to employ them, a different...
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Labor Department Announces Plan to Find Joint Employment — in All Directions
When I get lost (which is often, say my kids), I turn to a map. Fortunately, I always have my iPhone on me, so the Maps app can generally get me where I am going. The Wage and Hour Division needs no...
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