Department of Labor Rejects Title VII Framework in SOX Whistleblower Cases
A new opinion from the Department of Labor (“DOL”) makes clear that the department will treat the burden of proof in whistleblower retaliation claims under the Sarbanes-Oxley Act (“SOX”) differently...
View ArticleChristopher v. SmithKline Beecham – Supreme Court holds Pharma Reps Exempt...
On June 18, 2012, a 5-4 split United States Supreme Court held in Christopher v. SmithKline Beecham Corp. that under the most reasonable interpretation of the Department of Labor’s regulations,...
View ArticleGovernor Cuomo Signs Amendment to New York Wage Deduction Law
On September 7, 2012, Governor Cuomo signed a law that will relax some of the stringent prohibitions against wage deductions under New York Law. Beginning on November 6, 2012, the law will now permit...
View ArticleDepartment of Labor Clarifies When an Employee May Take FMLA Leave to Care...
The ADA Amendments Act (“ADAAA”) expanded more than just employer liability for disability claims; it also broadened the scope of FMLA leave that employees may take to care for their adult children. On...
View ArticleThe High Cost of Hiring Unpaid Interns
Given the difficulty of finding a job in today’s economy, unpaid internships are becoming increasingly popular, particularly for students looking to gain resume-boosting experience. Yet just because...
View ArticleThe Affordable Care Act – Consider Yourself on Notice
Under the Affordable Care Act, employers subject to the Fair Labor Standards Act must provide a “Notice of Coverage Options” to each employee. The purpose of this Notice is to inform employees that...
View ArticleSOX Gone Wild: Misappropriation and Transmission of Confidential...
A whistleblower who took sensitive company data from his employer and turned it over to the IRS has won his retaliation claim at the Department of Labor under the Sarbanes-Oxley Act’s (“SOX”)...
View ArticleBabysitters at the Gate: The Supreme Court’s Radical Expansion of SOX’s...
Yesterday, in Lawson v. FMR LLC, a divided U.S. Supreme Court decided its first case addressing the whistleblower protections of the Sarbanes-Oxley Act (SOX). The question before the Court: do those...
View ArticleMind the Gap: Obama Takes New Executive Action on Pay Equity in the Workplace
Last week President Obama continued his administration’s push to tackle pay equity issues by taking executive action to put federal contractors’ compensation practices under greater scrutiny. On April...
View ArticleDoctor Doctor Give Me the News, Is My Employee Fit for Duty After FMLA Leave?
On April 15, 2014, a California appeals court ruled that after an employee returns to work from leave under the Family and Medical Leave Act (FMLA), an employer can require a medical reevaluation...
View ArticleLet’s Talk About Sex: U.S. Department of Labor Targets Transgender & Gender...
On Tuesday, August 19, 2014, the U.S. Department of Labor issued a directive to “clarify that existing agency guidance on discrimination on the basis of sex . . . includes discrimination on the bases...
View ArticleFederal Contractors: In the Line of Regulatory Fire
On October 10, 2014, the White House hosted a listening session regarding President Obama’s “Fair Pay and Safe Workplaces” Executive Order (discussed in detail in a prior Orrick Employment blog post...
View ArticleNo Good Deed Goes Unpunished: Document Preservation Notices Can Lead to SOX...
On November 12, 2014, the Fifth Circuit affirmed a Department of Labor finding that Halliburton retaliated against a whistleblower by including his name in a document preservation notice. The court...
View ArticleU.S. Department of Labor Advances Regulatory Agenda with Final Rule Barring...
On December 3, 2014, the U.S. Department of Labor (DOL) released its final rule barring federal contractors from discriminating on the basis of sexual orientation and gender identity. The final rule...
View ArticleIn the Nick of Time: Governor Cuomo Approves Repeal of Annual Wage Notices
As employers in New York were gearing up for distribution of the annual wage notices in January 2015, Governor Andrew Cuomo finally signed the amendment to New York’s Wage Theft Prevention Act that was...
View ArticleClass Action Lawsuits: In Vogue? High Fashion Gets Hit with Wage and Hour...
Sportswear-inspired designs, bold prints, and gingham aren’t the only things trending for Spring 2015 in the fashion world. Judging from a recent wave of lawsuits, wage and hour class actions are...
View ArticleMinimum Wage, Maximum Headache: California’s Minimum Wage Hits $10 in 2016....
As you brace for the New Year, don’t forget that California’s minimum wage will reach $10 per hour on January 1, 2016. This latest increase is the final stage of the two-step legislation that...
View ArticleNot So Final WARNing: Sixth Circuit Finds That Employment Ends with...
In Morton v. Vanderbilt Univ., 2016 WL 52439 (6th Cir. Jan. 5, 2016), the Sixth Circuit recently held that, for purposes of the Worker Adjustment and Retraining Notification Act (“WARN Act”),...
View ArticleOne Step Closer to Paid Sick Leave for Federal Contractors
The Department of Labor (“DOL”) continues its regulatory dash to fulfill the President’s domestic agenda. The agency issued proposed rules, that seek to make President Obama’s Executive Order 13706,...
View ArticleDOL and EEOC to Make 2016 A Challenging Year for Employers
Members of the Fair Labor Standards Legislation Committee of the American Bar Association’s Section of Labor and Employment Law recently met. The meeting includes employer and employee advocates, as...
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