Labor & Employment

Worried About Class Actions? SCOTUS Recently Handed Employers a Hall Pass.

June 4, 2018
By Sarah L. Nash
Recently, the U.S. Supreme Court held in Epic Systems v. Lewis that employers may, as a condition of employment, require employees to sign arbitration agreements containing class action waivers. The Court rejected the NLRB's position that such agreements infringe on employees' right to engage in collective action under the National Labor Relations Act. Instead, the Court gave weight to the Arbitration Act, which, Justice Gorsuch wrote, supports "pretty absolutely" rights for employers and employees to contract for arbitration.
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New Maryland Sexual Harassment Law Creates Important Implications for Employers Both Inside and Outside the State

May 24, 2018
By Matthew E. Feinberg
On May 15, 2018, Maryland Governor Larry Hogan signed into law the Disclosing Sexual Harassment in the Workplace Act of 2018. Described by bill sponsor Craig Zucker (D-Montgomery) as a "national model," the law, which goes into effect on October 1, 2018, is the first of its kind in the Mid-Atlantic region. And, it has important implications, not only for employers in the State of Maryland, but for out-of-state employers who allow employees to telecommute from, work from time to time in, or participate in events in Maryland.
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High Court Breaks from Precedent: Holds FLSA Exemptions Are Not to Be Narrowly Construed

April 10, 2018
By Sarah L. Nash
In a 5-4 decision, the U.S. Supreme Court last Monday held that auto service advisors—car dealership employees who consult with customers about service needs and suggest repair services—are exempt from overtime requirements under the Fair Labor Standards Act ("FLSA"). The decision follows a 2011 Department of Labor rule that excluded these service advisors from the exemption.
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Do Millennials Pose a Retention Risk?

March 6, 2018
By Isaias Alba IV
According to GAO, it's reasonable for agencies to consider it in evaluating quotes. The topic of millennials in the workforce is no stranger to anyone in the working world. A plethora of articles, blogs, reports, polls, and studies have been devoted to the subject. The issue has been debated for years, and a main point of the discussion is how frequently millennials move from one job to the next.
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LGBTQ Discrimination Claims Under Title VII Likely to Increase in 2018 After Second Circuit Ruling

February 28, 2018
By Matthew E. Feinberg
This week, the New York-based United States Court of Appeals for the Second Circuit became only the second federal appellate court to rule that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of an employee’s sexual orientation. The Second Circuit’s decision in Zarda v. Altitude Express is only binding on employers in New York, Connecticut, and Vermont. However, given the court’s influence and the changing tides on the issue, we anticipate the decision will have wide-reaching implications for employment law throughout the nation. And, because the Supreme Court will not weigh in on the issue until at least Spring 2019, the impact of the Second Circuit’s decision may be felt immediately by employers in every part of the country.
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