Mark Twain famously said: “Reports of my demise have been greatly exaggerated.” So it is true with reports that employers can breathe easier with the new Trump National Labor Relations Board.

The recent decision in Circus Circus Casinos Inc. is a stark reminder that even as the mid-term elections in the Trump presidency approach, the

Last month the Seventh Circuit drew a distinction between “commissions” and “bonuses” as those terms are used in the Illinois Wage Payment and Collection Act (IWPCA) and its implementing regulations. For employers, particularly those in retail, Sutula-Johnson v. Office Depot informs how employers structure, amend and communicate their employee incentive compensation schemes.
Continue Reading Be Careful What You Call It — Commission Plans In Illinois

Originally published by Bloomberg Law.

Pay equity is a hot button issue for employers in the United States for a number of reasons—reputational concerns are triggered with increasing shareholder demands for transparency; activist investor groups are pushing companies, particularly in the financial services and technology industries, to disclose gender pay data; and, in the wake

On June 26, the Supreme Court upheld President Trump’s controversial Executive Order 9645, commonly referred to as the Travel Ban, in a 5-4 decision.

The Travel Ban restricts entry into the United States for citizens of seven countries: North Korea, Syria, Libya, Yemen, Somalia, Iran and Venezuela. The table below describes the impact of the

In our latest episode, listen to partners Arthur Rooney and Mike Brewer discuss the recent decision from the US Supreme Court regarding class action waivers in arbitration agreements.

Download this episode (and more) on  iTunes | Android | Stitcher | TuneInGoogle Play.

In late May, California announced new amendments to the Fair Employment and Housing Act (FEHA) strengthening the protections afforded to applicants and employees, including those who are undocumented, on the basis of national origin. The changes go into effect July 1, 2018. The new regulations significantly broaden the definition of “national origin” as well as conduct that constitutes discrimination based on national origin.
Continue Reading California Expands National Origin Protections In The Workplace

Recent guidance issued by the NLRB General Counsel Peter Robb, the NLRB’s chief prosecutor, is a continuing testament to the NLRB’s impact on the changing legal landscape regarding workplace rules. On June 6, 2018, Peter Robb issued a 20-page Memorandum to the NLRB Regional Offices titled “Guidance on Handbook Rules Post-Boeing.”Continue Reading The NLRB Issues Useful Guidance Providing Additional Clarity On Work Rules

In a narrow ruling on June 4, the Supreme Court of the United States ruled in favor of a Colorado baker who refused to bake a cake for a couple celebrating a same-sex wedding on the basis of his religious opposition to same-sex marriages. (Same-sex marriages were not legal in Colorado at the time.) After the baker rebuffed the couple in 2012, they filed a charge with the Colorado Civil Rights Commission pursuant to the Colorado Anti-Discrimination Act (CADA) which prohibits discrimination based on sexual orientation in a “place of business engaged in any sales to the public and any place offering services . . . to the public.”Continue Reading SCOTUS Narrowly Rules In Favor Of Baker In Same-Sex Confectionery Controversy In Fact-Specific Decision

Two recent events in the US vividly illustrate the growing centrality of gender pay equity issues. On one side of the ledger, in early April 2018, the US Court of Appeals for the Ninth Circuit, in Rizo v. Fresno County Office of Education, held that an employee’s prior salary—either alone or in a combination