Tag Archives: gt_law

The Equality Act (Gender Pay Gap Information) Regulations 2017

Background The final draft of the Equality Act (Gender Pay Gap Information) Regulations 2017 (the Regulations) and accompanying Explanatory Memorandum was published 6 December 2016. Subject to parliamentary approval, the Regulations will come into force 6 April 2017. The Regulations introduce a mandatory gender pay gap reporting requirement for non-public sector employers with at least … Continue Reading

Workplace Implications of the Massachusetts Recreational Marijuana Law

On Nov. 8, 2016, Massachusetts voters passed Question 4, which legalizes the recreational use of marijuana (Recreational Use Law). The Recreational Use Law follows passage of a 2012 Massachusetts ballot question which legalized the medicinal use of marijuana. Please see our previous May 15, 2013 GT Alert, What Does the Massachusetts Medical Marijuana Act Mean … Continue Reading

OSHA Gets a Green Light: Court Refuses to Stop OSHA from Enforcing its New Anti-Retaliation Standards

On Nov. 28, 2016, the United States District Court for the Northern District of Texas declined to grant a nationwide preliminary injunction enjoining the Department of Labor (DOL) and the Occupational Safety and Health Administration (OSHA) from enforcing subparagraphs 1904.35(b)(1)(i), (iii), and (iv) of the final rule issued by OSHA titled “Improve Tracking Workplace Injuries … Continue Reading

Court Stays DOL Overtime Rule, Holds Increased Salary Test Impermissibly ‘Supplants’ Duties Tests

The proposed overtime rules will not go into effect on Dec. 1. In a closely-watched case brought by 21 states (and joined by numerous business organizations) challenging the Department of Labor’s (DOL) rule amendment which would have roughly doubled the minimum salary threshold for many employees to be considered exempt from federal overtime requirements (set … Continue Reading

Federal Rule 6(d) Amendment Removing 3 Days To Respond To Electronically Served Papers Goes Into Effect Dec. 1, 2016

On April 28, 2016, the Supreme Court of the United Sates approved amending Federal Rule of Civil Procedure 6(d) to remove electronic service from the modes of service under Rule 5(b)(2) that allow an extra three (3) days to respond. Rule 6(a) specifies how a party must compute time as provided in the Federal Rules … Continue Reading

Greenberg Traurig Webinar: Labor & Employment Law and the New Administration – Looking Ahead

Greenberg Traurig will provide an informative webinar to discuss what employers should expect in 2017 regarding labor and employment legislation and litigation under the new administration.  Our panel will focus on anticipated revisions and potential hot button issues in the employment arena, and what employers of all sizes can do to prepare.  To learn more … Continue Reading

“Nothing so Exhilarating as Being Shot at Without Result”—California Pay Day Statements and Accrued Vacation

What does Winston Churchill have to do with California wage and hour requirements? Well, the “shot” at employers in Soto v. Motel 6 Operating L.P. at the California Court of Appeal was whether, because California vacation pay cannot be forfeited and must be paid out at termination, it therefore follows that the value of the … Continue Reading

Not Everything the California Legislature Enacts is Bad for All Employers All the Time

The title should not be read to suggest some tectonic shift in the moods and values of the California Legislature or the Governor; far from it.  However, every once in a while something a bit useful does emerge. This time it is some certainty in executive level employment contracts.  AB 1241 adds yet another section … Continue Reading

Not-for-profit Hospitals and Health Care Providers Facing Retirement Plan Class Actions

There has been much media coverage of the recent class action lawsuits filed against some of the most prestigious universities in the United States by university employees. These class action lawsuits allege that the universities breached their fiduciary obligations in running their defined contribution 403(b) retirement plans by allowing the plans to pay excessive investment, … Continue Reading

Ninth Circuit Court of Appeals Widens Circuit Split as to Class Action Waivers in Employee Arbitration Agreements

In a decision likely to have significant ramifications for employers, a divided panel of the Ninth Circuit Court of Appeals ruled last week that employers cannot require employees to individually arbitrate their claims by way of “separate proceedings.” In Morris v. Ernst & Young, LLP, No. 13-16599, D.C. No. 5:12-cv-04964 (9th Cir. August 22, 2016), … Continue Reading

Massachusetts Enacts Comprehensive Pay Equity Law

On Aug. 1, 2016, Massachusetts Governor Baker signed into law the “Act to Establish Pay Equity.” The new law is intended to address the gender wage gap by strengthening the pay disparity prohibitions under existing law. The Pay Equity Act also provides employers the opportunity to assert an affirmative defense to wage claims based on … Continue Reading

SEC Scrutinizes Severance Agreements for Compliance With Dodd-Frank

Recent SEC Fines On Aug. 16, 2016, the U.S. Securities and Exchange Commission (SEC) announced that it had issued its second fine in as many weeks concerning a company’s use of severance agreements that contain confidentiality and/or covenant-not-to-sue or release provisions that allegedly violate SEC whistleblower Rules. These recent SEC charges arise from SEC Rules, … Continue Reading

Split California Supreme Court Holds that without Express Agreement, Classwide Arbitrability is not a ‘Gateway Issue’ that must be Decided by the Court

In a 4-3 decision, the California Supreme Court recently determined that the question of “who decides whether [an arbitration] agreement permits or prohibits classwide arbitration” is not subject to a “universal rule [that] allocates this decision in all cases to either arbitrators or the courts.” See Sandquist v. Lebo Automotive, Inc., Case No. S220812, 2016 … Continue Reading

National Labor Relations Board Extends Reach of Browning-Ferris Joint Employment

On July 11, 2016, the National Labor Relations Board extended the reach of its ground-breaking 2015 Browning-Ferris decision, which announced an expansive view of “joint employment,” and ruled that “employer consent is not necessary” to require multiple employers to jointly bargain with “units that combine jointly employed and solely employed employees of a single user … Continue Reading

EEOC Publishes Revised Proposal to Collect Data on Employees’ Compensation and Hours Worked

On July 14, 2016, the Equal Employment Opportunity Commission (EEOC) published a revised proposal to collect data on employees’ compensation and hours worked through the EEO-1 reports that larger employers are required to submit annually. Notwithstanding numerous public comments stressing the burdens that this reporting requirement would impose on employers and the limited statistical utility that … Continue Reading

Nevada Gaming Regulators Begin Overseeing Las Vegas Nightclubs and Dayclubs

The nightclub and dayclub industry has become big business for casinos along the Las Vegas Strip. State gaming regulators are now requiring resort operators to take a more stringent approach in monitoring activity inside club venues. These new regulations came out of the 2015 Nevada Legislative session and were approved by the Nevada Gaming Commission. … Continue Reading

D.C. Lawmakers Join California and New York Raising the Minimum Wage to $15

The District of Columbia Council recently passed a law to increase the minimum wage for employees to $15 by 2022. The District of Columbia joins other states in raising its minimum wage to rates higher than the current federal minimum wage of $7.25. The current minimum wage in the District ($10.50) is scheduled to rise … Continue Reading

Department of Labor Issues Final Rule Revising Sex Discrimination Guidelines for Federal Contractors

On June 14, the U.S. Department of Labor (DOL) issued the final rule updating the Office of Federal Contractor Compliance Program’s regulations prohibiting discrimination on the basis of sex. The updated regulations prohibit federal contractors with contracts or subcontracts totaling $10,000 or more within a 12-month period (absent other exemptions) from discriminating against employees with … Continue Reading

Recent Florida Supreme Court Decisions on Workers’ Compensation Could Lead to Higher Premiums

In two long-awaited decisions, the Florida Supreme Court declared several provisions of the state’s workers’ compensation statutes unconstitutional, weakening legislative reforms approved in 1994 and 2003 intended to curb the system’s growing costs and higher premiums for employers and businesses. The rulings, in Castellanos v. Next Door Company and Westphal v. City of St. Petersburg … Continue Reading

Roundtable Discussion – New DOL Overtime Regulations

On Tuesday, June 21, 2016, in Greenberg Traurig’s Las Vegas office, and Wednesday, June 22, 2016, in Greenberg Traurig’s Phoenix office, GT will host a Roundtable Discussion regarding the new regulations issued by the DOL. These regulations will likely go into effect in a few weeks, changing one of the key components of federal wage and hour … Continue Reading

Virginia Letter Ruling Finds Nexus Based on Employee Working From Home

The Virginia Department of Taxation recently issued a letter ruling which determined that an employee working from home within the state creates corporate income tax nexus. Letter Ruling The Virginia Department of Taxation (the Department) recently responded to a request for a letter ruling regarding the issue of whether a single employee working from a … Continue Reading

The New Overtime Regulations and Their Impact on the Salary Basis Test

As we previously discussed here, the United States Department of Labor (DOL) recently changed the Fair Labor Standards Act’s (FLSA’s or the Act’s) Salary Level and Salary Basis tests for the white collar exemptions to the Act’s overtime requirement.  Effective Dec. 1, 2016, employees must be paid at least $47,476 annually and $913 per week … Continue Reading
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