Tag Archives: Greenberg Traurig

Mexico Increases Minimum Wage

MINIMUM WAGE INCREASE EFFECTIVE DECEMBER 1, 2017 Through a press bulletin published this past November 20, the Board of Representatives of the National Committee of Minimum Wages of the Ministry of Labor notified that effective December 1, 2017, the minimum wage will increase $8.32 pesos, thus reaching the amount of $88.36 pesos per day. The … Continue Reading

Avoiding Holiday Season Employment Headaches

As the holiday season approaches, employees look forward to time with family, vacations, and holiday festivities, all of which can mean requesting more time off or calling in sick.  For retailers, however, the holiday season typically means increased customer demand, staffing challenges, and potential for more wage and hour exposure.  Given these issues – and … Continue Reading

Closing the Salary Gap & Practical Tips for Employers

Given the national spotlight on pay equity, in 2016 there was a radical change in the equal pay legal landscape, as federal administrative agencies and states implemented laws and regulations to improve and enforce pay equity for individuals in protected classes (i.e., sex, race, ethnicity, gender identity, color, religion, national origin, and sexual orientation). Prior … Continue Reading

The Eleventh Circuit Expands the Definition of ‘Machine’ Under the OSHA Lockout/Tag-out Standard

On July 13, 2017, the Eleventh Circuit Court of Appeals was tasked with deciding what constitutes a “machine” under OSHA’s lockout/tag-out (LOTO) standard (29 C.F.R. § 1910.147). Sec’y of Labor v. Action Elec. Co., 868 F.3d 1324 (11th Cir. 2017). Specifically, the court had to decide under what circumstances different pieces of equipment are considered one … Continue Reading

A Closer Look At FLSA’s Computer Professional Exemption

Shareholder Jerrold Goldberg, with the assistance of Practice Group Attorney Melanie Sarver, recently published an article in Law360 discussing the Fair Labor Standards Act (FLSA). The FLSA requires the payment of overtime to all employees unless their work fits within one of the statute’s exemptions. The burden of proof for establishing that an FLSA exemption … Continue Reading

Court Invalidates DOL Overtime Rule, Holds Increased Salary Test is Contrary to Congressional Intent and Exceeds DOL Authority

On Nov. 22, 2016, a Texas federal court stayed implementation of the U.S. 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 under the Fair Labor Standards Act (FLSA).  On Aug. 31, 2017, the same court declared that … Continue Reading

Greenberg Traurig Attorneys Ian R. Macdonald and Jamie R. Adams Featured in SHRM Online

Jamie R. Adams and Ian R. Macdonald recently published an article in SHRM Online titled, “Immigration Rechecks May Violate the NLRA.” The article discusses I-9 rechecks and the potential for violations of federal labor law, as organizations must satisfy their obligations to comply with both the Immigration Reform and Control Act of 1986 (IRCA) and … Continue Reading

California Adopts New Regulations for Refineries

On August 7, 2017, the California Department of Industrial Relations and the California Environmental Protection Agency amended the California’s Occupational Safety and Health Process Safety Management (PSM) standard to improve workplace safety and hazard prevention and management at the 15 refineries in California. The new standards are more stringent than federal OSHA’s process safety management … Continue Reading

Massachusetts Enacts Pregnant Workers Fairness Act

On July 27, 2017, Massachusetts Governor Charles Baker signed into law “An Act Establishing the Massachusetts Pregnant Workers Fairness Act.” The new law (i) prohibits discrimination against employees on the basis of pregnancy or a condition related to pregnancy and (ii) requires employers to provide reasonable accommodations to expectant and new mothers in the workplace. … Continue Reading

Third Circuit ‘Clarifies’ that a Single Racial Slur May be Sufficiently ‘Severe’ to Create a Hostile Work Environment

Characterizing its own precedent as “inconsistent” and “confusing,” the Third Circuit Court of Appeals, in a published opinion earlier this month, undertook to “clarify” the “correct standard” for establishing  a hostile work environment claim under federal anti-discrimination law (in particular, Title VII). Castleberry v. STI Group, No. 16-3131. To state such a claim, plaintiffs must … Continue Reading

The DOJ’s Evolving View of the Interplay Between the Federal Arbitration Act and the National Labor Relations Act

Employers in the gaming and hospitality arena are eagerly awaiting the results of the upcoming changes to the legal landscape that are expected to emerge from a business-oriented administration. These employers have long tried to reduce the costs and length of litigation, particularly in the context of wage and hour claims, by requiring employees to … Continue Reading

SCOTUS to Resolve Circuit Split Over Dodd-Frank Whistleblowers

On Monday, June 26, 2017, the U.S. Supreme Court agreed to review whether the Dodd-Frank Act (DFA) prohibits retaliation against internal whistleblowers or only covers individuals who report to the U.S. Securities and Exchange Commission (the SEC).  This question has divided practitioners and lower courts alike since Dodd-Frank’s passage in 2010. As reported in our previous … Continue Reading

Greenberg Traurig Attorneys Recognized by Human Resource Executive, Lawdragon as ‘Most Powerful’ Employment Attorneys

Greenberg Traurig’s Peter Zinober, Laura Foote Reiff, Charles S. Birenbaum, James N. Boudreau, David Long-Daniels, Jonathan L. Sulds, Terence P. McCourt, Todd D. Wozniak, and Kate Kalmykov were recently recognized by Human Resource Executive, in a report researched by the Lawdragon organization for their work in employment and traditional labor law. In 2014, Peter W. … Continue Reading

4 Greenberg Traurig Attorneys Listed in Who’s Who Legal, Labour & Employment 2017

Four attorneys from global law firm Greenberg Traurig, LLP have been recognized in Who’s Who Legal: Labour, Employment & Benefits Guide 2017. Featured in the guide are: Labor & Employment Peter W. Zinober, who specializes in the defense of employment discrimination cases in state and federal court, both jury and non-jury, as well as wage … Continue Reading

Employers With Arbitration Programs Need To Read This – Sixth Circuit Refuses To Stop Collective Action Notice To Employees with Individual Arbitration Agreements

A Sixth Circuit opinion filed this week reaffirms what experienced Fair Labor Standards Act (FLSA) attorneys have known for some time:  when it comes to employer arbitration programs, they are not always the panacea that employers (and their lawyers) believe them to be. In Taylor v. Pilot Corp. et al., Case No. 16-5326, a plaintiff-employee … Continue Reading

DOL Announces Reversal of Employee/Independent Contractor Classification & Joint Employer Guidance

On June 7, 2017, the United States Department of Labor (DOL) reversed its previous guidance issued during the administration of President Barack Obama that broadened the circumstances in which employers could be held liable for misclassification of employees as independent contractors, and as a joint employer with a separate business.  New Secretary of Labor Alex … Continue Reading

New York City to Prohibit Employer Inquiries into Salary History

On May 4, 2017, New York City amended its Human Rights Law (NYCHRL) to join the growing number of municipalities that prohibit employers from inquiring about applicants’ wage history. Ostensibly designed to “help break the cycle of gender pay inequity[,]” this new restriction may open employers to yet another theory the plaintiffs’ bar can seek … Continue Reading

House of Representatives Passes Overtime Bill to Give Workers Time Off Instead of Time-And-A-Half Pay

On May 2, 2017, the United States House of Representatives (the House) passed the Working Families Flexibility Act (the Act), which would give workers the option of receiving paid time off (PTO) instead of time-and-a-half pay currently mandated by the Fair Labor Standards Act (the FLSA). The Act passed 227-197, largely along party lines, with … Continue Reading

OSHA Rescinds Fairfax Memo – OSHA No Longer Required to Permit Union Reps to Represent Non-Union Employees in Walkaround Inspections

On April 25, 2017, the Occupational Safety and Health Administration (OSHA) rescinded a Feb. 21, 2013 letter from former Deputy Assistant Secretary Richard E. Fairfax to Mr. Steve Sallman (Fairfax Memo) that permitted workers at a worksite without a collective bargaining agreement to designate a person affiliated with a union or community organization to act … Continue Reading

Ninth Circuit Widens Circuit Split on Whether Dodd-Frank Protects Internal Whistleblowing

Introduction On March 8, 2017, in Somers v. Digital Realty Trust Inc., No.15-cv-17352 (9th Cir., March 8, 2017), the Ninth Circuit Court of Appeals affirmed the district court’s denial of the defendant’s motion to dismiss a whistleblower claim brought under the Dodd-Frank Act’s (“DFA”)’s anti-retaliation provision. In a 2-1 decision, the majority endorsed the approach … Continue Reading

The Senate Narrows Employers’ Obligation to Accurately Record Work-Related Injury and Illness Records

On March 22, 2017, the Senate passed H.J. Resolution 83, a Congressional Review Act (CRA) resolution (Resolution) that cuts the Occupational Safety and Health Administration’s (OSHA) ability to cite an employer for failing to accurately record work-related injuries and illnesses from five years to six months.1 The resolution blocks and eliminates OSHA’s “Volks” final rule, also … Continue Reading
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