Bass, Berry & Sims attorney Tim Garrett discussed the potential delay in implementation of the new overtime rules for an article in Nation’s Restaurant News. A bill that could delay the implementation of the overtime rules by six months cleared the House on September 28, 2016, but the bill faces a potential veto by the President if it progresses pass the Senate. Tim notes that the real battle for the legislation will be whether it can garner the two-thirds vote needed to override the potential veto. “‘I would be surprised,’ Tim said. ‘This is a difficult political point to make it appear as though a senator or congressman is against an increase in pay for the middle class.'”

Continue Reading House Approves Delay in Overtime Rule Implementation

Bass, Berry & Sims attorney Tim Garrett authored an article for Workforce magazine outlining how the workplace can be considered the unintended battleground for cultural wars. In the article, Tim identifies the causes of this reality and the tension it creates; highlights certain “false” solutions; and provides a more effective, practical solution for working toward a coherent, team-oriented, positive work environment.

Continue Reading Arming for the Workplace Cultural Dynamics

On September 29, 2016, California Gov. Jerry Brown signed a new bill requiring that all single-occupancy restrooms in the state be identified as “all gender.”

Continue Reading All Single Occupancy Restrooms Must Now Be Identified as Gender Neutral in California

The Equal Employment Opportunity Commission (EEOC) recently issued updated guidance on workplace retaliation issues. This is the first update to the workplace retaliation policy since 1998 for what has become the most commonly reported complaint among employees in all sectors of employment in the U.S.  As employers know, retaliation is taking a materially adverse action against an applicant or employee because that person engaged, or may engage, in asserting his/her rights under any of the statutes enforced by the EEOC which include:

Continue Reading Workplace Retaliation: What Is It and How to Avoid It

Bass, Berry & Sims attorneys Doug Dahl and David Thornton authored an article for HR Professionals Magazine outlining the top 10 things every HR professional should know about the Department of Labor’s (DOL’s) new fiduciary rule. In the article, Doug and David answer the following 10 questions about the new rule:

Continue Reading Attorneys Offer Top 10 Guide Regarding DOL’s New Fiduciary Rule

The Ninth Circuit recently held in Morris v. Ernst & Young, LLP that employees have a substantive right to pursue work-related claims collectively, and employers may not force employees to waive this right as a condition of employment.  As a result, class action waivers in arbitration agreements signed as a condition of employment are no longer enforceable in California.

Like many employers throughout the country, Ernst & Young required that all its employees sign arbitration agreements as a condition of employment, and each agreement required that the employees promise not to join with other employees in bringing legal claims against the company.  Specifically, the agreements required that the employees pursue legal claims (1) exclusively through arbitration, and (2) only as individuals and in “separate proceedings.”  As a result, employees could not initiate concerted legal claims against the company in any forum, whether court, arbitration proceedings or elsewhere.

Continue Reading Class Action Waivers in Arbitration Agreements Signed as a Condition of Employment No Longer Enforceable in California

Some employers require all, or most, of their employees to sign a non-competition agreement, rationalizing that even if not enforceable, at least the non-competition agreement will make the employee “think twice” before leaving, especially to a competitor.  This practice has come under attack recently as anti-competitive.

Continue Reading Non-Competition Agreements Under Fire: Who Should be Required to Sign?

Recent developments show that employers face both incentives and threats from the Obama Administration designed to ensure that employees know of their right to engage in “whistleblowing” (i.e., sharing possible unlawful activity with government agencies). Two recent examples are the federal Defend Trade Secrets Act (DTSA) and recent enforcement actions by the Securities and Exchange Commission (SEC).

Continue Reading Increasing Pressure Toward Employer Transparency

On August 18, 2016, the California Supreme Court confirmed that the final wage payment rules provided for by the California Labor Code apply to retiring employees. 

Continue Reading California Prompt Payment Rules Apply to Retirees: Final Paychecks Due upon Retirement

The U.S. Department of Labor (DOL) has updated their mandatory posters, which notify employees of their rights under the Fair Labor Standards Act (FLSA) and Employee Polygraph Protection Act (EPPA), to no longer list the civil monetary penalties that may be assessed for violations of the aforementioned Acts.  Additionally, the FSLA poster has also been updated to list material regarding the rights of nursing mothers under the FLSA, which includes information regarding lactation breaks.  The revised posters should be posted, effective August 1, 2016.  Employers should review their employment law postings and ensure that their postings reflect the information above.  Copies of the revised FLSA and EPPA posters may be downloaded directly from the DOL’s website.

From the Bass, Berry & Sims Blog Network
From the Bass, Berry & Sims Blog Network

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