Recently, the Fifth Circuit Court of Appeals has once again show the stunning amount of deference that courts give to arbitration awards. In Kemper Corporate Servcs., Inc. v. Computer Sciences Corp., Kemper Corporate Services, Incorporated (“Kemper”), an insurance company, hired Computer Sciences Corporation (“CSC”), a software developer and technology-services company, to update its insurance software. […]
Attorney Blog, Human Resources
Department of Labor Issues New Rule Regarding Joint Employer Status Under the FLSA
On January 13, 2020, the U.S. Department of Labor (DOL) released its long-awaited final rule regarding joint-employer status under the Fair Labor Standards Act (FLSA). This rule sets forth principles governing the determination of joint employer liability under the FLSA. The DOL issued the final rule to “reduce uncertainty over joint employer status, promote greater […]
Attorney Blog, Human Resources
New York and New Jersey Ban Employers from Asking About Salary History
New York and New Jersey have recently enacted laws prohibiting employers from inquiring about or relying on salary history information in making hiring decisions. The laws, which take effect during the first week of 2020, are meant to help battle salary inequality and to prevent employers from using salary history information as a condition of […]
The Setting Every Community Up for Retirement Enhancement Act of 2019 (“Secure Act”) was passed by the U.S. Congress and signed into law by the President in December 2019. The Secure Act is the most significant retirement legislation in many years. This article contains a summary of some of the key provisions of the Secure […]
Whether you like it or not, 2019 is coming to an end. With 2020 at our doorstep, it’s time to face the music and start paying attention to another tune in the ever-changing cacophony that is privacy law in the United States. On January 1, 2020, the California Consumer Privacy Act of 2018 (the “Act”) […]
In Darby v. Childvine, a recent decision from the United States District Court for the Southern District of Ohio, the Court considered whether a genetic mutation can constitute a “disability” as that term is defined under the federal Americans with Disabilities Act (“ADA”). In that case, Darby was hired as an administrative assistant around August […]
Well, it’s that time of year again. Time for potlucks and holiday lunches and corporate outings. And just as every year, you will invariably get questions or at least thoughts about including alcohol at any of these functions. Well, if you are thinking of providing or making alcohol available at any corporate function, you may […]
Recently, the Fifth Circuit released an opinion, Brock Services, L.L.C. v. Richard Rogillio, No. 19-30363, which provides helpful guidance regarding non-compete provisions that can impact both employers and employees alike. In Brock, Richard Rogillio (“Rogillio”) began working for Brock Services, L.L.C. (“Brock”) in the summer of 2010 until he resigned to work for a direct […]
Attorney Blog, Human Resources
Federal Court Rules Government Must Have Reasonable Suspicion Before Searching Electronic Devices at the U.S. Border
On November 12, 2019, a federal court in Boston ruled that searches of international traveler’s electronic devices by Immigration and Customers Enforcement (“ICE”) and Customs and Border Protection (“CBP”), at airports and other U.S. portions, performed without reasonable suspicion were unconstitutional. The ruling arose from a lawsuit filed by the American Civil Liberties Union, Electronic […]
In October, the Supreme Court of the United States denied Domino’s Pizza’s petition for review of a circuit court decision pertaining to the Americans with Disabilities Act (“the ADA”) applicability to Domino’s website. Domino’s requested that the Supreme Court review the Ninth Circuit’s decision holding that Domino’s must make its website accessible to persons with […]