Business, Employment, & Labor Law Blawg

EEOC Issues Final Rules on Wellness Programs

Skip Sperry June 21, 2016Blog 1 Comment

On May 17, 2015, the Equal Employment Opportunity Commission issued its final rules on Wellness Program compliance with the Genetic Information Nondisclosure Act (“GINA“) and the Americans with Disabilities Act and its amendments (“ADA“).

FAQ
Fact Sheet

Among the provisions, beginning on January 1, 2017, businesses that maintain a wellness program and collect employee health information must post a notice that is required to:

be written in a manner reasonably likely to be understood by the employee,

New Overtime Rules Released

Skip Sperry May 18, 2016Blog 5 Comments

This morning, the Department of Labor released its final rule regarding the White Collar Exemptions. I am still working through the over 500 page document but post now to share a few of the most important details.

The new rule is expected to affect over 4 million workers in the United States, who will now be eligible for overtime unless their compensation is restructured. The rule goes into effect on December 1,

Defend Trade Secrets Act Sent to Obama for Signature

Skip Sperry April 29, 2016Blog 4 Comments

After passing the Senate (87-0) and the House (410-2), the bill known as Defend Trade Secrets Act of 2016 (“DTSA”) is off to President Obama for signature. Every indicator signals the President’s approval of this proposed law. The DTSA would amend the federal criminal code to create a private civil cause of action for trade secret misappropriation. The bill expresses the sense of Congress that: (1) trade secret theft occurs in the United States and around the world,

President Obama’s U.S. Supreme Court Nominee Shows Consistent Deference to Employment Agencies

Skip Sperry March 16, 2016Blog Leave a Comment

Today, President Obama nominated Merrick B. Garland as his choice to fill the U.S. Supreme Court vacancy left by the recent death of Justice Antonin Scalia. Chief Judge Garland was appointed to the U.S. Court of Appeals for the District of Columbia by President Clinton in 1997 and became Chief Judge on February 12, 2013. He received wide, bipartisan support for his nomination to the U.S. Court of Appeals. Seven of the Republican Senators who voted for his 1997 nomination still serve in the U.S.

NLRB Attacks Dish Network’s Solicitation and Distribution Policy

Skip Sperry March 11, 2016Blog 4 Comments

On March 3, 2016, in Dish Network, LLC, 363 NLRB No. 141, the National Labor Relations Board (“NLRB”) struck down Dish Network’s policy prohibiting certain solicitation and distribution of literature in the workplace. The policy in question read:

In the interest of maintaining a proper business environment and preventing interference with work and inconvenience to others, employees … may not distribute literature … of a personal nature by any means,

Forrest R. Goodrum Joins Sperry Law Office

Skip Sperry February 23, 2016Blog Leave a Comment

Sperry Law Office, PLLC is pleased to announce that Forrest R. Goodrum has joined the firm “of counsel.” Forrest will be advising and assisting the firm in a wide range of matters from commercial transactions to complex business litigation.

Forrest attended the University of North Carolina (B.S. 1968) and Rutgers Law School (J.D. 1971). Forrest practiced in New Jersey for over 20 years, both in private practice and later as Vice-President and General Counsel of Lincoln Federal Savings.

Nondisclosure Clauses are NOT “Just Boilerplate”

Skip Sperry February 17, 2016Blog Leave a Comment

Your company may have entered into a settlement agreement with an employee, vendor, customer, or other party. The settlement could have been months or years ago, and while you recall that the matter settled, you may not remember all of the settlement agreement provisions.

Settlement agreements often contain a nondisclosure clause requiring the parties to the agreement to keep the matter confidential. A typical clause might read as follows:

As part of the consideration for this Agreement,

The EEOC Has Been Busy . . . .

Skip Sperry February 5, 2016Blog Leave a Comment

Just days before its proposed rule on changes to its EEO-1 form and reporting requirements, on January 21, 2016, the EEOC released proposed changes to its Retaliation Enforcement Guidance. While this document does not carry the force or weight of regulations or statutes, it can guide a court’s reasoning. This 76-page document purports to summarize the law of retaliation and provide its investigators with information to help them conduct and complete their investigations.

Obama Administration Taking Actions to “Advance Equal Pay for all Workers”

Skip Sperry February 3, 2016Blog 2 Comments

On the 7th anniversary of President Obama’s signing into law his first piece of legislation as President, the Lilly Ledbetter Fair Pay Act, he announced “several additional actions that his administration is taking to advance equal pay for all workers and further empower working families.”

The most interesting additional action would affect employers with 100 or more employees. These companies would be required, on an annual basis, to report details of what they pay their employees categorized by race,

DoL Publishes Joint Employer Interpretation

Skip Sperry January 23, 2016Blog Leave a Comment

On January 20, 2016, the Wage and Hour Division released an Administrator’s Interpretation concerning joint employment under the Fair Labor Standards Act and the Migrant and Seasonal Agricultural Worker Protection Act. The interpretation identifies common scenarios in which two or more employers jointly employ an employee and are thus jointly liable for compliance. It pulls together all the relevant authorities – statutory provisions, regulations, and case law – to provide comprehensive guidance on joint employment under FLSA and MSPA so that employers can properly analyze a potential joint employment scenario.

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