Whether the 5-4 Supreme Court decision in Thole vs. U.S. Bank on June 1 is “good news” for employers and will limit lawsuits by defined benefit participants, as some commentators
Continue Reading Greenberg Traurig Attorneys Jeffrey Mamorsky and Jonathan Sulds’ Pen ERISA Column in Pensions and Investments
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Supreme Court Rules Title VII protects LGBT+ Employees from Workplace Discrimination: Practical Implications for Employers
By Nicholas A. Corsano & John R. Richards on
What do a gay child-welfare advocate from Georgia, a transgender funeral home employee from Michigan, and a gay skydiving instructor from New York have in common? According to the Supreme…
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EEOC Coronavirus Disease 2019 Guidance to Employers
By Sarah R. Goodman & Christiana L. Signs on
The U.S. Equal Employment Opportunity Commission (EEOC) issued a bulletin this morning advising that Field Offices have temporarily stopped conducting in-person intake interviews due to the current health situation. Before…
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Employment Law Provisions of H.R. 6201, Families First Coronavirus Response Act
By Jill A. Dougherty & Jon Zimring on
Just after midnight on March 14, 2020, the U.S. House of Representatives passed H.R. 6201, the “Families First Coronavirus Response Act,” as a broad response to many of the challenges…
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PAGA Plaintiffs: No Injury, No Problem, Says Unanimous California Supreme Court
By Samuel S. Hyde & Timothy Long on
Yesterday, the California Supreme Court issued its long-awaited opinion in Kim v. Reins International California, Inc. and unanimously reversed the California Court of Appeal. The Court held an employee does not lose standing to pursue claims under the Private Attorneys General Act of 2004 (“PAGA”), Cal. Lab. Code § 2698 et seq., even when that employee settles his individual Labor Code claims asserted in that same action.
In Reins, the plaintiff claimed his employer had misclassified him as an exempt employee. He alleged the usual panoply of Labor Code claims (failure to pay overtime, failure to provide meal and rest breaks, failure to provide accurate wage statements, waiting time penalties) and sought civil penalties under the PAGA. The plaintiff later settled all of his individual claims, but not the PAGA claims. …
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Georgia Bill Would Require Employers to Provide Employee Breaks to Pump Breast Milk
By Keshia M. Tiemann & Natasha Wilson on
On Jan. 29, 2020, Senate Bill 327, known as “Charlotte’s Law,” was introduced in the Georgia General Assembly, requiring employers to provide reasonable breaks for pumping breastmilk. The bill…
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Coronavirus and the Occupational Safety and Health Act: What Employers Need to Know
By Adam Roseman, Genus Heidary & Michael T. Taylor on
As the novel coronavirus (Coronavirus) continues to spread in China and around the world, employers may want to consider steps to take in addressing the Coronavirus in the workplace. The…
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New York, New Jersey Employers Now Prohibited From Inquiring About Salary History
As noted in our 2019 legislative update, New Jersey and New York have joined a growing number of states in prohibiting employers from asking job applicants about their salary…
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D.C. Circuit to Take on OSHA Authority to Regulate Workplace Violence
By Genus Heidary & Michael T. Taylor on
On Jan. 9, 2020, the U.S. Court of Appeals for the District of Columbia heard oral argument in BHC Nw. Psychiatric Hosp. LLC v. Sec’y of Labor, a case…
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First Circuit Concludes That Two Private Equity Funds Were Not Liable for Pension Fund Withdrawal Liability of Portfolio Company
By Ian A. Herbert ‡ & Steven B. Lapidus on
In its recent decision in Sun Capital Partners III, LP v. New England Teamsters & Trucking Indus. Pension Fund, the First Circuit Court of Appeals decided that two investment…
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