Posted in: Labor & Employment Litigation

Parental Leave

Now is the Time to Revisit Your Parental Leave Policies

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At one time, it was common for employers to offer maternity leave to new mother employees, but not offer any leave to new father employees.  However, in 2015, the Equal Employment Opportunity Commission (EEOC) issued its most recent enforcement…
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Supreme Court Weakens Employer Procedural Defenses in Discrimination Claims

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Until recently, the federal courts of appeals had been deeply split on the question of whether workers’ obligation to file a claim with the Equal Employment Opportunity Commission (EEOC) or similar state agencies prior to suing their employers…
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A 1930s Labor Law with 21st-Century Consequences

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  One might think that the long-established Fair Labor Standards Act (FLSA), which governs minimum wages and overtime, would be easily understood by employers today. After all, it turned 80 years old in 2018. However, an uptick…
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Department of Labor Issues New Overtime Rule

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On March 7, 2019, the Department of Labor (DOL) issued its new overtime rule, which proposes raising the minimum salary threshold to qualify for the white-collar exemptions from minimum wage and overtime pay requirements from $455 per week ($23,660…
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Return of the Final Overtime Rule

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2019 will likely be the return of the Overtime Rule, which was initially issued by the Obama-era Department of Labor (DOL) and later blocked by a federal district court judge in late 2016. That was after many employers spent considerable time…
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OSHA Clarifies Its Final Rule Regarding Employer Drug Testing Policies

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This fall, the Occupational Safety and Health Administration (OSHA) issued a memorandum clarifying its position on post-incident drug testing. In the memorandum, OSHA noted that drug testing used to evaluate the underlying cause of a…
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Supreme Court Clarifies Age Discrimination Law for Public Employers

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On November 6, 2018, the U.S. Supreme Court unanimously ruled that the Age Discrimination in Employment Act (ADEA) applies to all government employers, regardless of the number of people they employ. In issuing its decision (Mt. Lemmon Fire…
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Immediate Impact – The Janus Effect in the Workplace

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The Supreme Court’s June 27, 2018 Janus v. AFSCME decision may prove to be the most significant labor law case in half a century. The 5-4 case outlaws mandatory “fair share” fees for public employees who refuse membership in unions. Early…
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Walter | Haverfield Attorneys Admitted to New York Federal Court

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Mark Fusco and Rina Russo, both Walter | Haverfield attorneys, were recently granted permanent admission to the Federal District Court for the Northern District of New York. The admission comes after a firm client requested that…
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NLRB Announces Proposed New Joint Employer Standard

On September 13, 2018, the National Labor Relations Board (NLRB) announced its new proposed rule regarding its joint employer standard. It provides that an employer may be determined a “joint employer” of another employer’s employees: 1)…
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NLRB’s New Employee Handbook Guidance

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“Disparaging or offensive language is prohibited.” “Employees may not engage in disrespectful conduct.” The above rules might seem reasonable to you or perhaps you have seen them in your own company’s employment policies.…
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Supreme Court Expands Rights of Employers – Deals Blow to Individual Employees

  On May 21, 2018, the Supreme Court limited the rights of millions of employees to bring class action cases against their employers in employment disputes involving mandatory arbitration clauses. The landmark ruling delivers…
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Supreme Court Denies Review of Extended Leave of Absence Decision

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    The U.S. Supreme Court will not review an appellate court decision which held that a leave of absence from work lasting several months is not a reasonable accommodation under the Americans with Disabilities Act (ADA). That…