General

On Monday, September 21st, the Second Circuit Court of Appeals held that a terminated in-house attorney plausibly alleged that she engaged in a protected activity when she refused to meet with her supervisor to discuss settling her pending harassment lawsuit.

In Newton v. LVMH Moet Hennessy Louis Vuitton Inc., Newton filed a lawsuit in 2019 alleging that she was sexually harassed and assaulted at work. In 2022, LVMH terminated Newton’s employment, and Newton filed a federal retaliation claim, alleging two actions after July 2022 that she argued were protected activity: (i) her refusal to meet with her supervisor to discuss settlement of the 2019 lawsuit, and (ii) speaking out in a public forum and on social media to assert her right to be free from sex discrimination in the workplace.…

For years, D+G PERKS has shared insights on important developments affecting employers and workplace professionals. Today, we’re excited to launch the next chapter. D+G PERKS is now a dedicated blog designed to provide practical guidance on the legal, regulatory and business issues shaping today’s workplace.

Readers can expect timely analysis on:

  • Labor and employment law developments
  • Employee benefits and ERISA matters
  • Wage and hour compliance
  • Employment litigation trends
  • Artificial intelligence and workplace technology
  • Workplace policies and compliance issues
  • State and federal regulatory changes
…

If a 401(k) investment underperforms, does that mean the fiduciary made the wrong call? Not necessarily.

A new DOL proposal puts the focus squarely on how decisions are made, not just how investments perform.

Our latest Benefits + Compensation alert breaks down the proposed “safe harbor” for investment selection and what fiduciaries should be thinking…

What matters more when selecting 401(k) investments: results or process? A new proposal from the U.S. Department of Labor suggests the answer may be clearer than ever.

In a newly issued Benefits + Compensation alert, Mark Bokert, Alan Hahn, AliceRose Sherman, and William Szanzer break down the DOL’s proposed fiduciary “safe harbor” for investment selection…

Happy Holidays from Davis+Gilbert PERKS!

As 2024 comes to a close, the Labor + Employment and Benefits + Compensation practice groups want to thank you for following our PERKS updates throughout the year.

We’re taking a short break to wrap up the year and gear up for an exciting 2025. Mark your calendars—the week of…

A well-known celebrity filmmaker and actor was recently sued by his (now former) personal chef for alleged wage/hour and discrimination violations. This lawsuit should serve as a stark reminder for those who employ domestic staff that there are both generally applicable employment laws and those specific to domestic workers that must be followed.

As just…

Yesterday, the Federal Trade Commission issued a Final Rule essentially banning non-competes for all US workers and invalidating existing non-compete clauses for all US workers other than senior executives.

The rule is slated to go into effect in 120 days, but the U.S. Chamber of Commerce and other organizations have already filed a lawsuit seeking…

Breaking news! The US Department of Labor today released details of its long-awaited final rule addressing when employers can classify workers as independent contractors under federal labor law.

The rule takes effect March 11, 2024 and rescinds the 2021 independent contractor rule that the department found to be inconsistent with the law and judicial precedent. …

Today, the National Labor Relations Board (the “Board”) issued a Final Rule titled “Standard for Determining Joint Employer Status,” which establishes a new standard for determining whether two employers are joint employers under the National Labor Relations Act (the “Act”).

The new rule states that two employers may be joint employers of the same employees…