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FTC Begins Active Steps Towards Federally Regulating Employee Non-Compete Agreements
On July 9, 2021, President Biden signed an Executive Order on Promoting Competition in the Economy, which directs federal agencies including the Federal Trade Commission (FTC) to take steps towards regulating the use of abusive tactics which restrict or limit economic competition.
November 16, 2021
Call Center Employees Entitled to Pay for Preshift Activities
A federal appellate court has ruled that call center employees are entitled to be paid for time spent logging on, booting up and downloading software on their computers, even if these activities take only a minute or two.
November 11, 2021
Court of Federal Claims Rejects the Government’s Attempts to Dismiss Two Overtime Lawsuits Brought by Federal Correctional Officers
Last week, the Court of Federal Claims issued two decisions denying the Government’s motions to dismiss the overtime claims of federal correctional officers at FCI Sheridan in Oregon and FCC Beaumont in Texas. The case brought on behalf of workers at FCI Sheridan is called Adegbite v.
November 09, 2021
Tipped Workers Entitled to Full Minimum Wage for “Side Work” Under New DOL Rule
The U.S. Department of Labor published a final rule on Thursday, reinstating its policy of limiting when an employer may count the tips of its tipped employees toward its minimum wage obligations under the federal Fair Labor Standards Act (FLSA).
November 02, 2021
EEOC Updates Workplace COVID-19 Guidance
On October 13, 25, and 28, 2021, the Equal Employment Opportunity updated its workplace COVID-19 guidance. The update provided additional information about the employment implications for employers who wish to impose COVID-19 vaccine mandates and their workers.
October 29, 2021
Student Workers at Hamilton College Permitted to Unionize
Student workers in the Office of Admissions at Hamilton College in New York narrowly voted to be represented by an affiliate of the United Food and Commercial Workers earlier this month.
October 27, 2021
Helicopter Company Settles Lawsuit by Paramedics and Nurses to Recover Unpaid Wages
In Wagner v. Air Methods Corp., a Colorado helicopter company has settled a case on behalf of flight nurses and flight paramedics involving claims of unpaid wages in which the company wrongly masqueraded as if work time was unpaid “sleep time.”
October 26, 2021
Partner Molly Elkin Delivers Oral Argument Before the United States Court of Appeals for the Federal Circuit
On October 6th, 2021, MSE partner Molly Elkin argued before the United States Court of Appeals for the Federal Circuit in the appeal of Adams v. United States which concerns the issue of the entitlement to hazardous duty pay for correctional workers who have been exposed to COVID-19 in federal prisons.
October 07, 2021
Federal Court Rules That “Long COVID” Can Be a Disability Under the ADAAA and PHRA
The United States District Court for the Eastern District of Pennsylvania declined to dismiss an employee’s allegations that her former employer terminated her employment on the same day that she disclosed a positive COVID-19 test.
September 30, 2021
Highest Appellate Court in Massachusetts Holds that Country Club’s “Service Charge” Must Be Paid to Employees
Massachusetts is seeing an increase in Tips Act claims, and the Massachusetts Supreme Judicial Court just reinforced that a lack of clarity in fee- and tip-related documentation may result in employer liability, including mandatory triple damages and attorney's fees.
September 28, 2021
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