On October 13, 2022, the Wage and Hour Division of the U.S. Department of Labor (DOL) published a proposed rule which — if adopted — would modify its analysis for determining whether a worker is an employee or [...]

The majority opinion pointed to the plain language of Title VII, which makes it “unlawful … for an employer to fail or refuse to hire or to discharge an individual, or otherwise to discriminate against an individual [...]

If there weren’t enough considerations for an employer to balance in the Due to the continuing spread of the coronavirus disease (COVID-19), the World Health Organization (WHO) officially declared COVID-19 a pandemic.[1] [...]

The new $35,568 threshold, effective January 1, 2020, is applicable to all employees who an employer seeks to classify as exempt as an executive, administrative, or professional employee. On September 24, 2019, the U.S. [...]

A terminated employee’s successful lawsuit underscores the importance of employers exercising caution when making employment decisions on medical marijuana cardholders. In 2013, an Arizona Walmart employee, Carol [...]

The NLRB’s determination could prevent Uber drivers and similarly situated workers in other industries from asserting rights under the National Labor Relations Act. Pursuant to an April 16, 2019, memo, the National [...]

Are employer-mandated class action waivers enforceable? The Supreme Court’s answer: “Yes.” After years of differing viewpoints opined by the National Labor Relations Board and various conflicting Circuit Court [...]

A federal court has ruled against sexual orientation discrimination in three Midwestern states, and other jurisdictions may follow that court’s lead. On April 4, the U.S. Seventh Circuit Court of Appeals became the first [...]

Arizona’s latest minimum wage increase, to $12.15 per hour, went into effect January 1, 2021. In the November 2016 election, Arizona voters approved Proposition 206 (the Fair Wages and Healthy Families Initiative), [...]

The battle over the correct interpretation of Title VII as applied to claims based on or related to sexual orientation is likely just beginning. This article was published in the November 8, 2016, issue of the National Law [...]