Employment disputes can have far-reaching implications for a company’s reputation, market share and ability to retain and attract talent. When the stakes are highest, employers, boards and senior executives turn to Paul, Weiss for our deft handling of internal investigations and track record of favorably resolving complex employment litigations.
The U.S. Department of Labor recently proposed a rule revising its interpretation of independent contractor status under the Fair Labor Standards Act (FLSA) and adopting the “economic reality” test for determining such status. The DOL noted that the proposed rule seeks to address the legal uncertainty around the definition of independent contractor that “may deter innovative work arrangements by creating legal risks with respect to misclassifying workers as independent contractors instead of employees.”
COVID-19 Update: Additional Department of Labor Guidance on Wage and Hour Rules and Family and Medical Leave as Workplaces Reopen
The Department of Labor has issued additional guidance on critical issues regarding wage and hour, family and medical leave, discrimination, and returning furloughed employees to work as businesses reopen amid the COVID-19 pandemic.
Awards & Recognition
Litigation partners Robert Atkins and Liza Velazquez were named “Litigators of the Week” by The American Lawyer for their September 3 victory on behalf of our client International Business Machines Corporation in a high-stakes trade secrets and noncompetition trial in the Southern District of New York.
Paul, Weiss achieved a major victory for investment management firm Wafra Inc. when it secured the dismissal of a $45 million age discrimination case pending in the U.S. District Court for the Southern District of New York.
On February 26, 2020, the National Labor Relations Board (the “NLRB” or the “Board”) announced its final rule (the “Final Rule”) establishing the standard for determining whether an entity should be considered a joint employer under the National Labor Relations Act (the “NLRA” or the “Act”).
Department of Education Issues New Regulations Governing How Colleges and Universities Investigate and Adjudicate Sexual Misconduct Cases under Title IX
On May 6, 2020, the U.S. Department of Education released its long-awaited final regulations governing how colleges and universities must investigate and adjudicate allegations of sexual assault and sexual harassment.
The U.S. Department of Labor has published its final rule that raises the earnings threshold to qualify for overtime and minimum wage exemptions under the Fair Labor Standards Act to $684 per week and allows employers to count nondiscretionary bonuses and incentives to satisfy up to 10 percent of the new earnings threshold, as long as such amounts are paid at least annually.
The New York State Legislature has passed a bill amending the laws that govern sexual harassment and discrimination claims in New York State.
The U.S. Supreme Court Issues Important Decision Finding Class Action Waivers in Employment Arbitration Agreements Enforceable
On May 21, 2018, the United States Supreme Court, in a long-awaited decision, held that employment arbitration agreements with class action waivers requiring individual arbitration are enforceable under the Federal Arbitration Act (the “FAA”), notwithstanding Section 7 of the National Labor Relations Act (the “NLRA”), which protects employees’ rights to engage in concerted activities.
Recent highly publicized instances of alleged sexual harassment and sexual assault in the workplace have caused many employers to re-evaluate their sexual harassment policies and procedures
The Second Circuit recently ruled in an en banc decision that Title VII of the 1964 Civil Rights Act covers discrimination based on sexual orientation.