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FLSA Claims Costs Owners $550,000
A court gas approved a class action settlement awarding $550,000 for FLSA violations. The owners will be personally liable.

Paul Peter Nicolai
May 21, 20241 min read


Forfeiture For Competition Survives Delaware Challenge
The enforceability of non-compete provisions continues to be in the national spotlight. In a recent Delaware Supreme Court decision...

Paul Peter Nicolai
Apr 9, 20242 min read


DOL Announces Final Rule Affecting Independent Contractor Classification Under FLSA
In January 2024, the US Department of Labor (DOL) published a final rule that changes the test for determining whether a worker is an...

Paul Peter Nicolai
Apr 2, 20246 min read


Law Imposing Criminal Liability Against Employers Requiring Arbitration Agreements Struck Down
The Ninth Circuit found a California law that prohibited employers from requiring employees to sign an arbitration agreement as a...

Paul Peter Nicolai
Mar 19, 20241 min read


Selling Stockholder’s Non-Compete Invalidated
A Delaware court of Chancery invalidated a non-compete entered into as part of a business sale. The court held that the restrictive...

Paul Peter Nicolai
Mar 5, 20242 min read


Sleeper Berth Time Compensable
A U.S. District Court judge ruled in a suit involving long-haul truck drivers that sleeper berth time exceeding eight hours per day is...

Paul Peter Nicolai
Feb 27, 20241 min read


Indirect Evidence Reinstates Age Discrimination Case
The Massachusetts Supreme Court has reversed a summary judgment granted an employer on a claim of age discrimination asserted by a...

Paul Peter Nicolai
Feb 13, 20241 min read


Wholesaler Inside Sales Reps Entitled To Overtime
A wholesale plumbing and heating product supplier must pay its inside sales representatives overtime. The Court ruled that they did not...

Paul Peter Nicolai
Jan 23, 20241 min read


NLRB Weakens Secret-Ballot Elections
The National Labor Relations Board (NLRB or Board) has ended 52 years of Board law that had previously enshrined the secret ballot...

Paul Peter Nicolai
Jan 16, 20244 min read


Internal Compilation Of Labor Rates Is A Trade Secret
A company sued two former employees and asked that the Court forbid them from using its internal compilation of its labor rates. The...

Paul Peter Nicolai
Jan 9, 20241 min read


Impact of Supreme Court Affirmative Action Ruling on Employers
The Supreme Court overturned its precedent and held that the goal of achieving a diverse student body cannot justify using race as a...

Paul Peter Nicolai
Nov 30, 20233 min read


EEOC Proposes Rules for Pregnant Workers Fairness Act
The EEOC has issued a set of proposed rules to implement the Pregnant Workers Fairness Act(PWFA), a new law that protects the rights of...

Paul Peter Nicolai
Nov 14, 20234 min read


NLRB Imposes New Limits on Employer Work-Rules
The NLRB has held that employers violate the National Labor Relations Act when they issue facially neutral work rules, like a no-camera...

Paul Peter Nicolai
Oct 31, 20233 min read


Implied Covenant Of Good Faith And Fair Dealing In Employment
An employer sued, saying an employee breached her employment agreement. The employee countered with a claim for breach of the implied...

Paul Peter Nicolai
Oct 17, 20231 min read


USERRA Reminder
The U.S. Court of Appeals for the 11th Circuit has ruled that military reservists must be treated as if they were on paid leave for...

Paul Peter Nicolai
Oct 3, 20232 min read


Pennsylvania Supreme Court Says “No-Hire” Provision Unenforceable
The Supreme Court of Pennsylvania decided a no-hire provision between competing businesses void as a matter of public policy and...

Paul Peter Nicolai
Sep 12, 20233 min read


Pregnant Workers Fairness Act Protects For Pregnancy-Related Conditions
Effective at the end of June, the Pregnant Workers Fairness Act (PWFA) is a new law that closes a gap in coverage under federal law for...

Paul Peter Nicolai
Aug 8, 20234 min read


Supreme Court Adopts Heightened Undue Hardship Standard in Title VII Religious Accommodation
Employers must modify their practices when evaluating requests for religious accommodations under Title VII. Undue hardship is no longer...

Paul Peter Nicolai
Aug 1, 20234 min read


Thoughts for Employers from the Supreme Court Affirmative Action Decision
The Supreme Court recently reversed the longstanding rule that race can be considered as a plus factor among many factors when making...

Paul Peter Nicolai
Jul 18, 20234 min read


NLRB Opens Second Front on Non-Compete Agreements
The NLRB has initiated a new effort to address non-compete agreements. The NLRB General Counsel has issued a policy memo expressing its...

Paul Peter Nicolai
Jul 4, 20234 min read
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