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Labor Employment Law Blog


February 4, 2018, 11:36 am, 1816052

In a decision issued earlier this month, the Second Circuit Court of Appeals ruled that participants in unpaid internship programs offered by the Hearst Corporation could not be classified as “employees” of Hearst and therefore were not entitled to compensation for their internships under the Fair Labor Standards Act (FLSA).

The ...


February 4, 2018, 11:36 am, 1816053

In 2004, the National Labor Relations Board (NLRB) issued Lutheran Heritage Village-Livonia, 343 NLRB 646 (“Lutheran Heritage”), and held that the mere maintenance of a neutral work rule violated Section 8(a)(1) of the National Labor Relations Act (NLRA) if employees would reasonably construe the rule to ...


February 4, 2018, 11:36 am, 1816054

Yesterday, the National Labor Relations Board (“Board”) overruled Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“BFI”) and returned to the pre-BFI standard that governed joint employer liability. Hy-Brand Industrial Contractors Ltd., 365 No. 156 (December 14, 2017) (“Hy-Brand”).

The BFI decision set forth a broad definition of ...


February 4, 2018, 11:36 am, 1816055

The NLRB announced yesterday, a Request for Information (“RFI”) on the Board’s 2014 “Quickie Election” representation regulations (at 29 CFR parts 101 and 102). The RFI seeks input on the amendments to representation case procedures, which drastically changed the process for NLRB ...


February 4, 2018, 11:36 am, 1816051

On the eve of Chairman Phillip Miscimarra’s departure from the NLRB, he gave one final gift to employers: the overturning of Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934 (2011), an Obama-Era Board decision that allowed unions to organize “micro-units” of employees—drastically limiting any challenges employers could have ...


February 4, 2018, 11:36 am, 1816050

Beginning January 1, 2018, the new California minimum wage rate for employers with 26 or more employees will be $11.00 per hour and the new California minimum wage rate for employers with 25 or fewer employees will be $10.50 per hour.

As we previously reported, effective January ...


February 4, 2018, 11:36 am, 1816047

In recent years, the use of biometrics in business has been growing. In the employment context, for example, some employers use biometric time clocks, which allow employees to “clock in” with a fingerprint or iris scan. Unlike a password or social security number, however, an individual’s biometric identifier or information ...


February 4, 2018, 11:36 am, 1816048

Last month, Governor Bruce Rauner signed Public Act 100-0554 to, among other things, combat sexual harassment in Illinois. Employers should recognize that several of the Act’s mandates go into effect in the New Year.

First, the Act amends the Illinois Human Rights Act by mandating the Illinois Department of Human ...


February 4, 2018, 11:36 am, 1816049

Many employers rely on pre-dispute arbitration agreements to resolve employment litigation in private arbitration rather than in court. However, two recent bipartisan bills introduced in Congress may change the employment litigation landscape.

Earlier this month, bipartisan bills were introduced in both the United States House of Representatives and the Senate ...


February 4, 2018, 11:36 am, 1816046

In December 2017, the California Court of Appeal published a decision confirming obesity is a protected disability in California if it has a physiological cause.

In Cornell v. Berkeley Tennis Club, 18 Cal. App. 5th 908 (2017), Plaintiff was a woman diagnosed as severely obese, weighing over 350 ...