01/16/2019
(PART TWO) This is the second and last of a multi-part series regarding the implications that Constitutional Appointment Clause challenges have for prior and current administrative hearings before the Department of Labor. As Appointments Clause Challenges Continue to Rise, Should Employers and Insurance Companies be Concerned about Re-litigating the Decisions Where an ALJ has Denied… Read more »
01/15/2019
(PART ONE) This is the first part of a multi-part series regarding the implications that Constitutional Appointment Clause challenges have for prior and current administrative hearings before the Department of Labor. Lucia v. SEC On June 21, 2018, the Supreme Court issued Lucia v. SEC, an important case clarifying the definition of “inferior officers” under… Read more »
06/22/2018
On April 27, 2018, after a two-day trial, a federal jury found a construction company liable for retaliating against an employee who took Family Medical Leave Act (FMLA) leave. The jury awarded the employee $50,555 in damages. The outcome is a reminder to employers to never entangle employee performance and discipline issues with an employee’s… Read more »
05/24/2018
The U.S. Supreme Court issued its opinion in Epic Systems Corp. v. Lewis on May 21, 2018, holding that employers and employees can agree in arbitration agreements that claims must be brought on an individual, rather than class or collective, basis. This decision reaffirms the federal policy favoring arbitration and a long line of cases requiring courts… Read more »
05/10/2018
By agreeing not to poach another business’s employees, or by sharing information with another business about your employees’ wages, you may be violating antitrust laws. The U.S. Justice Department’s (DOJ) Antitrust Division and the Federal Trade Commission (FTC) are taking an aggressive stance against such business practices and warning that they may trigger civil and… Read more »
04/10/2018
The Supreme Court ruled on April 2, 2018, that automobile service advisors are exempt under the Fair Labor Standards Act (“FLSA”) and therefore not entitled to overtime pay. The Court’s opinion, in Encino Motorcars, LLC v. Navarro, ends a long-running controversy over the extent of the FLSA’s overtime exemption (29 U.S.C. § 213(b)(10)(A)) for “any… Read more »
04/09/2018
The Ninth Circuit Court of Appeals issued an opinion on April 9, 2018, that is likely to impact how courts nationwide evaluate pay discrimination claims. In Rizo v. Fresno County Office of Education, the Ninth Circuit held that the employer’s reliance on the plaintiff’s salary history was no excuse for paying her less than her… Read more »
04/09/2018
Buried in the recently passed budget reconciliation bill, Congress addressed a Fair Labor Standards Act (“FLSA”) dispute regarding tip pooling arrangements. Restaurant and hotel owners with tipped staff need to be aware of these changes and to reevaluate their tip-pooling arrangements accordingly. The FLSA permits employers to require employees who are customarily and regularly tipped… Read more »
03/06/2018
Vandeventer Black LLP AV® Preeminent-rated partner Arlene F. Klinedinst was elected to serve as new Chair of the Virginia Bar Association Labor Relations & Employment Law Section. Klinedinst also served as Chair of Vandeventer Black’s Labor and Employment Department. “Serving as Chair of the Labor Relations & Employment Law Section is a great honor for me,”… Read more »
01/05/2018
Harvey Weinstein, Kevin Spacey, Louis C.K., Garrison Keeler, Matt Lauer … is someone in your office next? With the #MeToo movement showing no signs of slowing, business owners should be prepared to confront the demons in their own offices. As my Vandeventer Black colleague, Michael D. Pierce, explained recently in a related article, employers need… Read more »
