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The Employer

  • Employer May Waive Right To “Failure To Exhaust” Defense If Not Raised Timely

    The U.S. Supreme Court ruled in a unanimous decision on June 3, 2019, that federal courts may be able to hear discrimination claims under Title VII of the Civil Rights Act even if workers don’t bring them to the U.S. Equal Employment Opportunity Commission (EEOC) or an equivalent state agency.
    In Fort Bend County V. Davis, Lois Davis filed a charge with the EEOC against her employer, Fort Bend County, for sexual harassment and retaliation.

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  • Arbitration Agreements Must Provide For Class Arbitration Explicitly

    One year passed since the U. S. Supreme Court ruled in Epic Systems Corp. v. Lewis that arbitration agreements which provide for individualized proceedings are enforceable and do not violate either the Federal Arbitration Act (“FAA”) or the National Labor Relations Act (“NLRA”).  Since Epic, the legality of class waivers has still been a hot-button issue with multiple arbitration cases on the Supreme Court’s docket.  Recently, in Lamps Plus v.

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  • Supreme Court Remands Equal Pay Act Case

    On February 25, 2019, the United States Supreme Court remanded a case captioned Yovino v. Rizo to the Ninth Circuit Court of Appeals.  In Yovino, the Ninth Circuit held that a company’s utilization of a female employee’s prior salary as a factor in paying her less than a male counterpart violated the Equal Pay Act.

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  • DOL Sets New Overtime Rule Exemption Threshold

    The U.S. Department of Labor (DOL) issued its highly anticipated overtime rule, raising the minimum salary threshold required for workers to qualify for the Fair Labor Standard Act’s (FLSA) white-collar exemptions to $35,308 per year.  The rule will boost the standard salary level from $455 to $679 per week.
    The FLSA requires employers to pay employees overtime pay for hours worked over 40 in a workweek.

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  • Department of Labor Update

    On March 14, 2019, the U.S. Department of Labor released new opinion letters that addressed compliance issues related to the Family and Medical Leave Act (FMLA).   An opinion letter is an official, written opinion by the Department of Labor’s Wage and Hour Division on how a particular law applies to a specific circumstance.
    The newest FMLA opinion letter clarifies whether employers can let workers take paid leave in lieu of FMLA Leave.

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News

  • Congratulations to 20 Under 40 Nominee Elizabeth BolducRead more

Events

  • May 6-10 is the 6th Annual National Safety Stand-Down To Prevent Falls in ConstructionRead more

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