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State and local pay inquiry bans are popping up left and right across the country. These laws generally prohibit employers from inquiring about an applicant’s pay history and sometimes from using such information to screen applicants and/or set salary offers,...

Internal Revenue Service Will Be Contacting Employers Soon Regarding Assessment and Payment of Excise Taxes Under Affordable Care Act The Affordable Care Act has two excise taxes for employers that either: (a) fail to provide sufficient number of full-time employees...

On October 17, 2017, the U.S. Court of Appeals for the Ninth Circuit held that the National Labor Relations Board (NLRB or Board) appropriately deferred to an arbitration award finding that a former employee of Babcock & Wilcox Construction Co., Inc. (B&W) was...

Recent DevelopmentsThe United States Court of Appeals for the Seventh Circuit recently issued a decision affirming limitations on unpaid leave that employers must allow injured or disabled workers as a “reasonable accommodation” under the Americans with Disabilities...

In an important decision for employers, the Ohio Sixth District Court of Appeals recently upheld an employer’s use of a statute of limitations waiver. In enforcing the waiver, the Court of Appeals affirmed an order granting summary judgment in favor of an employer in...

On August 31, 2017, Judge Amos L. Mazzant, a federal judge for the United States District Court for the Eastern District of Texas, struck down the Obama-era Department of Labor (“DOL”) rule that would have significantly expanded overtime eligibility by more than...

The Department of Labor’s (“DOL”) Wage and Hour Division (“WHD”) recently published in the Federal Register a Request for Information (“RFI”) concerning the Fair Labor Standards Act’s (“FLSA”) Part 541 overtime regulations. The DOL stated that “[t]he RFI is an...

Kastner Westman & Wilkins, LLC Shareholder Keith L. Pryatel was selected for the Best Lawyers® in America 2018 edition in the Litigation-Labor and Employment practice area. Each year, the international Best Lawyers organization conducts confidential peer-review...

Kastner Westman & Wilkins, LLC, a boutique labor and employment law firm representing management exclusively, hired John W. Hofstetter as an associate attorney. In addition to litigating a variety of employment cases, Hofstetter’s work at KWW includes all aspects of...

By John W. Hofstetter and Katherine R. Basch In an 8-3 opinion, the full panel of the United States Court of Appeals for the Seventh Circuit ruled that Title VII of the Civil Rights Act of 1964 (Title VII) protects employees from discrimination on the basis of sexual...