Sherman

DOL’s Overtime Rule Blocked Indefinitely DOL’s Overtime Rule Blocked Indefinitely

The U.S. District Court for the Eastern District of Texas issued a nationwide, preliminary injunction yesterday that prevents the Department of Labor (DOL) from implementing new overtime regulations. The regulations, which the DOL had planned to enforce beginning December 1, 2016, would have raised ...
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Preliminary Injunction Halts Final Rule and DOL Guidance Implementing “Fair Pay and Safe Workplaces” Executive Order From Going Into Effect Preliminary Injunction Halts Final Rule and DOL Guidance Implementing “Fair Pay and Safe Workplaces” Executive Order From Going Into Effect

President Obama issued Executive Order 13673, titled “Fair Pay and Safe Workplaces”, on July 31, 2014, with the goal of ensuring that federal agencies contract with companies that have a record of complying with labor laws.  On August 25, 2016, the Department of Labor (“DOL”) and the Federa...
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Paid Sick Leave Requirements for Federal Contractors Paid Sick Leave Requirements for Federal Contractors

On September 30, 2016, the U.S. Department of Labor’s Wage and Hour Division issued a Final Rule to implement Executive Order 13706, which establishes paid sick leave for federal contractors. The Final Rule requires employers to provide paid sick leave to employees who work on or in connection wit...
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Employee discrimination

Updated Regulations Regarding Sex Discrimination Applicable to Federal Contractors Updated Regulations Regarding Sex Discrimination Applicable to Federal Contractors

On June 14, 2016, the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) announced updated guidelines applicable to federal contractors and subcontractors relating to sex discrimination.  The Final Rule is expected to be published in the Federal Register on June 15...
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An Overview of the Defend Trade Secrets Act An Overview of the Defend Trade Secrets Act

President Obama signed an amendment to the Espionage Act (18 U.S.C. § 1831) today, titled the Defend Trade Secrets Act (DTSA).  The DTSA allows plaintiffs to bring civil trade secret misappropriation claims in federal court, so long as the trade secret is related to a product or service used in or...
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Final Persuader Rule, Broadens Union-Related Reporting Obligations for Employers and Management Consultants Final Persuader Rule, Broadens Union-Related Reporting Obligations for Employers and Management Consultants

On March 24, 2016, the U.S. Department of Labor (“DOL”) issued a new regulation interpreting the “advice exemption” to the Labor Management Reporting and Disclosure Act (“LMRDA”). The Act requires both employers and labor relations consultants to report agreements under which the consult...
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California Supreme Court Addresses “Suitable Seating Rule” California Supreme Court Addresses “Suitable Seating Rule”

California’s “suitable seating” rule states that “all working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.” See, e.g., Cal. Code Regs., tit. 8, §§ 11040, subd. 14(A) (Wage Order No. 4-2001).  In reviewing two large clas...
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EEOC Proposes Revisions to its Enforcement Guidelines and Modifications to EEO-1 Reports EEOC Proposes Revisions to its Enforcement Guidelines and Modifications to EEO-1 Reports

The Equal Employment Opportunity Commission (EEOC) was busy in the last couple of weeks.  On January 21, 2016, it published draft enforcement guidance on the issue of retaliation for the first time since 1998.  According to the EEOC’s press release, the revised guidelines are necessary in light ...
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New Executive Order Imposes Paid Sick Leave Requirement On Federal Contractors New Executive Order Imposes Paid Sick Leave Requirement On Federal Contractors

President Obama issued an Executive Order on September 7, 2015 that continues two notable trends in employment law:  (1) executive orders imposing burdens on private employers that contract with the federal government, and (2) laws requiring employers to provide employees with paid sick leave.  Th...
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