Employment-related disputes can have far-reaching implications, creating not only litigation and regulatory risk, but potentially affecting a company’s brand, reputation, ability to attract and retain talent, and market share. Paul, Weiss has a proven track record in successfully litigating and favorably resolving complex and high-profile civil and regulatory employment matters, and in deftly handling sensitive internal investigations. When the stakes are highest, employers, boards and senior management confidently turn to Paul, Weiss.
Publications
Department of Labor Proposes New Joint Employer Standard
The Department of Labor (“DOL”) issued a proposed rule on April 1, 2019, setting out a new four-factor test for determining whether a business is a “joint employer” under the Fair Labor Standards Act (“FLSA”).
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Department of Labor Proposes New Overtime Rule
On March 7, 2019, the Department of Labor (“DOL”) issued a Notice of Proposed Rulemaking (“NPRM”) that would, if finalized, change the overtime exemption regulations for certain executive, administrative, and professional employees (“white-collar employees”) and raise the overtime exemption threshold for “highly compensated” workers under the Fair Labor Standards Act (“FLSA”).
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New York State Issues Final Guidance on Sexual Harassment Prevention Policy and Training
On October 1, 2018, the New York State Department of Labor (the “DOL”), with the New York State Division of Human Rights, issued final guidance materials related to the State’s enhanced protections against workplace sexual harassment.
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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.
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Proactive Evaluation of Sexual Harassment Prevention Policies
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
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DOL’s Final Overtime Rule - Updates and Next Steps
See Also
The U.S. District Court for the Eastern District of Texas struck down the Department of Labor’s 2016 Final Rule, which revised overtime exemption regulations for certain employees under the FLSA.
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Second Circuit Holds That Sexual Orientation Discrimination Is Covered by Title VII
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.
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U.S. Supreme Court Narrows Scope of Whistleblower Anti-Retaliation Protections
See Also
- White Collar & Regulatory Defense
- Employment
- Litigation
- Securities Litigation
- Susanna M. Buergel
- Jessica S. Carey
- Andrew J. Ehrlich
- Roberto Finzi
- Michael E. Gertzman
- Michele Hirshman
- Brad S. Karp
- Daniel J. Kramer
- Gregory F. Laufer
- Lorin L. Reisner
- Audra J. Soloway
- Richard C. Tarlowe
- Chand Edwards-Balfour
- Cameron S. Friedman
- Arianna Markel
The Supreme Court held yesterday that individuals who have reported alleged misconduct internally, but not to the SEC, are not covered by the anti-retaliation provisions of the Dodd-Frank Act, resolving a circuit split on the question. The Court’s decision in Digital Realty Trust Inc. v. Somers could have a significant impact on potential whistleblowers and employers.
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Assessing the Impact of DOL’s Final Overtime Rule on Employers
The Department of Labor announced a final rule that revises overtime exemption regulations for certain executive, administrative, and professional employees under the Federal Labor Standards Act that will have a major financial and operational impact on all employers.
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Supreme Court Rules That Limitations Period for Constructive-Discharge Claims Begins to Run When Employees Provide Notice of Their Resignation
In Green v. Brennan, No. 14-613 (May 23, 2016), the Supreme Court held that, in constructive-discharge claims brought by federal employees under Title VII of the Civil Rights Act of 1964, the limitations period for the time within which the employees must contact an Equal Employment Opportunity counselor prior to bringing suit begins to run only after (not before) the employees provide notice of their resignation.
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