Earlier this month, the U.S. Department of Labor’s Wage and Hour Division issued a Notice of Proposed Rulemaking (“NPRM”) seeking to repeal a 2011 rule that significantly impacted the compensation of hospitality workers. Specifically, the NPRM proposes to allow hospitality employers to control the distribution of the tips they pool assuming their employees are paid the full minimum wage.
Continue Reading Department of Labor Makes It Easier for Employees to Share Tips – Rolls Back Prior Restrictions

California’s Fair Employment and Housing Act (“FEHA”) not only prohibits discrimination, harassment and retaliation, but goes a step farther than similar state laws in its explicit requirement that employers take reasonable steps to prevent and correct such conduct.
Continue Reading California Issues Guidelines for Preventing and Correcting Workplace Harassment

The Second Circuit recently held that Rite-Aid lawfully fired a long-tenured pharmacist after he refused to comply with the company’s new mandate that pharmacists administer immunizations. The Court’s decision overturned a jury verdict of $2.6 million in the pharmacist’s favor and reminds employers what it takes to show that a given function is “essential” and what accommodations are reasonable.
Continue Reading Second Circuit Says Firing Disabled Worker Was Lawful

Gone are the days when most workers stay at one job for their entire career. Losing key talent to a competitor is one of the biggest challenges many employers face. Hunton & Williams LLP partners Roland Juarez and Emily Burkhardt Vicente discuss strategies that companies across industries can employ to protect themselves from unlawful employee raiding.
Continue Reading Labor & Employment Quick Takes: Fighting Back Against Employee Raiding

In a decision that could trigger similar action in multiple states, the Fifth Circuit recently decided that an employee could bring a wrongful-termination claim in Mississippi after being terminated for having a gun in his truck, which was parked on company property. Following the Mississippi Supreme Court’s decision on referral, the Fifth Circuit held that a Mississippi statute—which prohibits employers from establishing, maintaining, or enforcing policies that prohibit an employees from storing a firearm in a vehicle on company property and from taking action against an employee who violates that policy—creates an exception to the state’s employment-at-will doctrine.
Continue Reading Employer Prohibited from Terminating Employee for Storing Gun in Truck in Mississippi – Multiple States Potentially Impacted

Roland Juarez will present a webinar on “Final, New DOL Overtime Rule: Strategies to Mitigate Impact of 100% Increase in White-Collar Exemption” on June 22, 2016.
Continue Reading Roland Juarez Presents “Final, New DOL Overtime Rule: Strategies to Mitigate Impact of 100% Increase in White-Collar Exemption”

The recently enacted Defend Trade Secrets Act of 2016 (DTSA) provides a new form of expedited relief in federal court for owners of misappropriated trade secrets through an ex parte seizure of property. In “extraordinary circumstances,” DTSA permits a court to issue an order to authorize law enforcement officials to seize property – without advanced notice to the accused – in order to prevent the propagation or dissemination of the trade secret.
Continue Reading Law Enforcement Can Seize Stolen Trade Secrets – A New Tool

As we previously reported, the newly-enacted Defend Trade Secrets Act (DTSA) represents a significant new weapon for companies to prosecute trade secret violations. Among other features, the DTSA’s nationwide reach and its provision for judicial seizure, double damages, and attorneys’ fees provide a much more robust enforcement and remedy scheme than is currently available under many state laws. In order for employers to take full advantage of all that the DTSA has to offer, employers who have trade secret or confidentiality restrictions in their agreements with employees and independent contractors must comply with the “immunity notice” requirement of the DTSA.
Continue Reading The Defend Trade Secrets Act’s Immunity Notice Requirement – Do Your Employment Agreements Comply?