Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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One Ninety One Peachtree Tower
191 Peachtree Street, N.E., Suite 4800
Atlanta, GA 30303, United States
Phone: 404-870-1742
Fax: 404-870-1732
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Class Action
  • Construction Law
  • Energy & Utilities
  • Environmental Law
  • Government
  • Immigration Law
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Workers' Compensation
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Locations
Other U.S. Locations
  • Alabama
  • Arizona
  • California
  • Colorado
  • Connecticut
  • D.C.
  • Florida
  • Georgia
  • Illinois
  • Indiana
  • Louisiana
  • Massachusetts
  • Michigan
  • Minnesota
  • Mississippi
  • Missouri
  • Nevada
  • New Jersey
  • New York
  • North Carolina
  • Ohio
  • Oklahoma
  • Oregon
  • Pennsylvania
  • South Carolina
  • Tennessee
  • Texas
  • Virginia
  • Washington
  • Wisconsin
Other Countries
  • Canada
  • France
  • Germany
  • Mexico
  • U.S. Virgin Islands
  • United Kingdom
Number of Attorneys
800+ Attorneys

California and Criminal Convictions: Employers May Want to Reexamine Their Background Check Policies in Light of Proposed Regulations

In early 2016, the California Fair Employment and Housing Council (FEHC) proposed regulations that are intended to define and clarify how using a person’s criminal history may violate the Fair Employment and Housing Act (FEHA)…more

Adverse Action, Ban the Box, Criminal Background Checks, Criminal Records, Employer Liability Issues

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A New Entity Abroad, Part II - Unique Employment Regulations

One of the primary concerns for an organization that wants to start conducting business in a new country must be the laws of the specific country. Employment regulations vary widely around the globe, and some may be so contrary…more

Collective Bargaining Agreements (CBA), Compliance, Employer Liability Issues, Employment Policies, Foreign Corporations

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NLRB Reverses Course to Limit Property Owners’ Right to Limit Off-Duty Access for Section 7 Activity

In another ruling promoting a pro-labor agenda under the Biden administration, the National Labor Relations Board (NLRB) reverted to its pre-2019 precedent on the balance between the rights of property owners and the rights of…more

NLRA, NLRB, Off-Duty Employee Access, Off-Duty Employees, Private Property

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Supreme Court Issues Ruling in Religious Accommodation Title VII Case

On June 29, 2023, the Supreme Court of the United States revived an employee’s religious discrimination lawsuit, unanimously holding that to deny a sincere religious accommodation request under Title VII of the 1964 Civil Rights…more

Civil Rights Act, Groff v DeJoy, Religious Accommodation, SCOTUS, Title VII

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Michigan Attorney General Asked to Issue Formal Opinion on the Constitutionality of the “Adopt and Amend” Process Used to Enact Paid Medical Leave and Minimum Wage Laws

Employers in Michigan have been on a roller coaster ride over the last several months regarding new paid sick leave and minimum wage requirements. In the fall of 2018, the Michigan Legislature adopted paid sick leave and…more

Administrative Procedure, Minimum Wage, Paid Leave, Paid Sick Leave Act, Proposed Legislation

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Delaware Follows Suit, Joins Number of Jurisdictions Banning Salary History Inquiries

On June 14, 2017, Delaware’s governor signed a measure enacting a pay history inquiry ban similar to those enacted recently in Massachusetts, New York City, Philadelphia, and Puerto Rico. Specifically, Title 19 of the Delaware…more

Employer Liability Issues, Hiring & Firing, Job Applicants, New Regulations, Salary/Wage History

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San Diego COVID-19 Building Service and Hotel Worker Recall Ordinance Survives Legal Challenge

A federation of hotel and motel owners and operators challenged a San Diego ordinance that requires certain building service and hospitality employers to recall workers laid off due to the pandemic before hiring new employees…more

Coronavirus/COVID-19, Employee Retention, Entertainment Venues, Hospitality Industry, Hotels

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Supreme Court Holds NLRA Does Not Preempt Claims for Intentional Property Damage Committed by Strikers

On June 1, 2023, the Supreme Court of the United States ruled that the National Labor Relations Act (NLRA) does not preempt an employer’s state court tort claims alleging a union intentionally destroyed the employer’s property…more

Glacier Northwest v International Brotherhood of Teamsters, NLRA, Preemption, Property Damage, Protected Activity

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New California Law Makes It Easier for Employees to Establish Retaliation Claims

On October 8, 2023, Governor Gavin Newsom signed into law Senate Bill (SB) No. 497—also referred to as the Equal Pay and Anti-Retaliation Protection Act. SB 497 amends California Labor Code Sections 98.6, 1102.5, and 1197.5 to…more

Amended Legislation, Anti-Retaliation Provisions, Corporate Counsel, Employer Liability Issues, Equal Pay

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Union Petitions Spike in 2022 and 2023, Ogletree Deakins NLRB Data Tracking Shows

Labor organizing activity rose over the past two years with nearly as many representation election (RC) petitions filed with the National Labor Relations Board (NLRB) from 2022 through 2023 as the previous three years, while the…more

Labor Relations, NLRA, NLRB, Unfair Labor Practices, Union Elections

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Cal/OSHA’s New COVID-19 Office Workspace Guidance Offers Cleaning and Distancing Protocols

On May 12, 2020, the California Division of Occupational Safety and Health (DOSH), better known as Cal/OSHA, issued its COVID-19 Industry Guidance: Office Workspaces, which provides detailed guidance for operating in office…more

Cal-OSHA, Coronavirus/COVID-19, Employer Responsibilities, Health and Safety, Policies and Procedures

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Being on Call in California Does Not Impede on Rest Breaks

Augustus v. ABM Security Services, Inc., No. B243788 (filed December 31, 2014, pub. ord. January 29, 2015)): In its recently published decision, the California Court of Appeal held that on-call rest breaks are permissible. In a…more

Appeals, On-Call Employees, Rest and Meal Break, Restaurant Industry, Security Guards

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Oklahoma’s Unity Bill Allows Employers to Prohibit Medical Marijuana Use by Employees in Safety-Sensitive Positions

Oklahoma employers received a much-needed boost from the recent passage of the Oklahoma Medical Marijuana and Patient Protection Act, more commonly called the “Unity Bill.” This legislation comes after much upheaval about the…more

Dispensaries, Employment Policies, Medical Marijuana, New Legislation

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France’s Professional Future Law Reduces Secondment Obligations and Increases Penalties for Secondment Fraud

French law No. 2018-771 of September 5, 2018, which is a law “for the freedom to choose one’s professional future,” modified various subjects of interest to companies, including secondment and illegal work. Enforceable since…more

Administrative Monetary Penalties, France, Fraud, Secondments

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USCIS Unveils ‘E-COA,’ New Online Address Update Tool

U.S. Citizenship and Immigration Services (USCIS) has rolled out the Enterprise Change of Address (E-COA) self-service tool, which is intended to streamline address updates with USCIS…more

Foreign Nationals, Immigration Procedures, Non-Immigrant Visas, USCIS, Visas

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Another Federal District Court Enjoins FTC Noncompete Rule, but the Rule’s Effective Date Still Looms

On August 14, 2024, a judge in the U.S. District Court for the Middle District of Florida ruled against the Federal Trade Commission’s (FTC) efforts to implement a nationwide noncompete ban. The Florida court’s decision…more

Antitrust Litigation, Compliance, Employer Liability Issues, Employment Contract, Federal Bans

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Michigan’s Latest COVID-19 Developments: What Employers Need to Know

In the wake of the Michigan Supreme Court’s ruling regarding the state’s COVID-19-related executive orders, the Michigan Department of Health and Human Services (MDHHS) has issued new orders, the Michigan Occupational Safety and…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Emergency Management Plans, Employer Responsibilities, Enforcement

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Mexican Labor Law Amendment Abolishes Outsourcing of Personnel

On April 23, 2021, an amendment to the Mexican Labor Law was published in the Official Gazette of the Federation. Below are the key points about the amendment and how they will affect employers that outsource or subcontract…more

Amended Legislation, Federal Labor Laws, Mexico, Outsourcing, Staffing Agencies

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USCIS Establishes New Five-Prong Test for “Function Managers”

Multinational companies that wish to transfer managerial employees to the United States now have clarification on the criteria required to do so. A new five-prong test adopted by U.S. Citizenship and Immigration Services (USCIS)…more

Employee Transfers, Managers, Multi-Factor Test, Multinationals, USCIS

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Bill in U.K. Parliament Would Facilitate Certain Types of Data Processing by Redefining ‘Personal Data’ Parameters

On March 8, 2023, the Data Protection and Digital Information (No. 2) Bill was introduced to the UK Parliament by the Department for Science, Innovation and Technology (DSIT). If enacted, the Bill will make changes to the UK…more

Corporate Counsel, Data Processing Rules, Data Processors, Data Protection Impact Assessments (DPIAs), Data Subjects Rights

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Cal/OSHA COVID-19–Related Citations May Provide Leverage to Labor Unions and Their Members

A February 2021 California Division of Occupational Safety and Health (Cal/OSHA) press release trumpeted the agency’s enforcement efforts and its recently issued citations for COVID-19–related violations. Cal/OSHA continues to…more

Cal-OSHA, Citations, Coronavirus/COVID-19, Employer Liability Issues, Health Care Providers

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The Rising Minimum Wages and Tip Credits for 2017: An Overview

Effective January 1, 2017, 29 states plus the District of Columbia will have minimum wage rates that are above the federal minimum wage rate of $7.25 per hour. The District of Columbia will continue to have, as it did last year,…more

Fair Labor Standards Act (FLSA), Minimum Wage, Tip Credit, Wage and Hour

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The New UAE Labor Law: Implications for Employers

The United Arab Emirates (UAE) has a new set of labor laws governing private-sector employment relations. On February 2, 2022, Federal Decree Law No. 33 of 2021 took effect, repealing and replacing Federal Law No. 8 of 1980, as…more

Employment Contract, Labor Code, New Legislation, Private Sector, United Arab Emirates (UAE)

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New Minnesota Law Voids Restrictive Employment Covenants in Service Contracts, Except for Computer Professionals

Minnesota’s legislature rushed through several bills this year affecting recruiting and staffing associations and other service providers such as property management companies. One such law may, as one member of the Minnesota…more

Conversion Requirements, Corporate Counsel, Effective Date, Employment Contract, Exemptions

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Mitigating Employment Litigation Landmines With Workplace Diversity and Inclusion Efforts

Meaningful diversity and inclusion efforts in the workplace have evolved from being the right thing to do to being the smart thing to do—and now they are quickly moving toward being the essential thing companies must do to…more

ADEA, CEOs, Civil Rights Act, Diversity, Diversity and Inclusion Standards (D&I)

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IRS Issues Additional Guidance on the COBRA Subsidy

On July 26, 2021, the Internal Revenue Service (IRS) released Notice 2021-46 to provide additional guidance on the Consolidated Omnibus Budget Reconciliation Act (COBRA) subsidy under the American Rescue Plan Act of 2021 (ARPA)…more

American Rescue Plan Act of 2021, COBRA, Employer Group Health Plans, Guidance Update, IRS

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Healthcare Workforce Resilience Act: Is Relief On the Way for Physicians and Nurses?

On May 5, 2020, a bipartisan group of senators, including Senator David Perdue (R-GA), Todd Young (R-IN), John Cornyn (R-TX), Dick Durbin (D-IL), Chris Coons (D-DE), and Patrick Leahy (D-VT), introduced the Healthcare Workforce…more

Health Care Providers, Hospitals, Nurses, Physicians, Proposed Legislation

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California Employers’ Winning Streak in ‘Suitable Seating’ Cases Continues in Latest Appellate Decision

On February 18, 2022, a California appellate court issued the latest guidance in the continuing saga of statewide “suitable seating” litigation, cementing a significant trial victory for grocers, retailers, and other employers…more

Employer Liability Issues, Employment Litigation, Employment Policies, Private Attorneys General Act (PAGA), State Constitutions

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German Employment Law Changes for 2024

In Germany, every new year brings with it changes and updates in employment law. We have summarized below which new regulations may want to prepare for in the course of 2024…more

Amended Legislation, Data Protection, Disability, EU, Federal Labor Laws

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Fifth Circuit Rules Employers Are Not Always Protected From Liability Resulting From Harassment by Nonemployees With Diminished Capacity

Courts have ruled that employees who work with clients with diminished capacity present different challenges when establishing whether the nonemployee’s alleged harassment affected the terms and conditions of the employee’s…more

Corporate Counsel, Employer Liability Issues, Harassment, Hostile Environment, Nursing Homes

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California Supreme Court Gives Employee Two Bites of the Class Action Apple

On June 30, 2022, the Supreme Court of California issued a decision in Grande v. Eisenhower Medical Center, No. S261247, that could have a far-reaching impact on the relationships between staffing companies and their clients…more

CA Supreme Court, Class Action, Contract Terms, Corporate Counsel, Employer Liability Issues

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Un-PAUSE New York: What Empire State Employers Need to Know About Reopening the Workplace

On April 13, 2020, New York Governor Andrew Cuomo, New Jersey Governor Phil Murphy, Connecticut Governor Ned Lamont, Pennsylvania Governor Tom Wolf, Delaware Governor John Carney, and Rhode Island Governor Gina Raimondo…more

Coronavirus/COVID-19, Governor Carney, Governor Cuomo, Governor Lamont, Governor Murphy

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Mastering Voting Leave Laws: Is Your Company Ready for Election Day?

With the election drawing near, questions about voting leave laws are becoming more frequent. Employers must understand a patchwork of state laws that regulate voting leave, political speech in the workplace, and related issues…more

Employee Rights, Employer Liability Issues, Employment Policies, Federal Elections, Labor Regulations

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Out in Public in Pennsylvania? Face Coverings Required!

On July 1, 2020, Pennsylvania Secretary of Health Dr. Rachel Levine signed an order expanding face covering–wearing requirements in Pennsylvania. Under the order, face coverings must now be worn almost any time an individual…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Masks, Public Health, State Health Departments

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Supreme Court Holds State Employers Can Be Sued for Discriminating Against Veteran Employees Under USERRA

On June 29, 2022, the Supreme Court of the United States decided that a veteran could sue his former employer, the Texas Department of Public Safety (DPS), under the Uniformed Services Employment and Reemployment Rights Act of…more

Article I, Disability Discrimination, Employer Liability Issues, Military Service Members, Public Employers

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California Court of Appeal Confirms Expansive Reach of Federal Meal and Rest Break Preemption

The Federal Motor Carrier Safety Administration (FMCSA) regulates the hours of service for drivers of certain property-carrying commercial motor vehicles. The FMCSA’s regulations include meal and rest break rules that generally…more

Commercial Truck Drivers, FMCSA, Preemption, Rest and Meal Break, State Labor Laws

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Different School of Thought, Part IV: Partial Stays of Injunctions Against Enforcement of New Title IX Regs Requested From Supreme Court

On July 22, 2024, Solicitor General of the United States Elizabeth B. Prelogar submitted applications to the Supreme Court of the United States for a partial stay of two preliminary injunctions issued, respectively, by the U.S…more

Bostock v Clayton County Georgia, Colleges, Gender Identity, Hostile Environment, Injunctions

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France’s Employment Reforms to Go Into Effect in September

As President Emmanuel Macron had promised, major employment reforms are under way in France and the related ordinances have been published on August 31, 2017, after extensive negotiations with national unions, concerning, in…more

Collective Bargaining, Corporate Counsel, Damage Caps, France, Hiring & Firing

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Travelling to the UK Using an Electronic Travel Authorisation (ETA)

Currently, the United Kingdom requires an electronic travel authorisation (ETA) to be completed by anyone entering the country from Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates…more

Canada, Electronic Travel Authorization Program (eTA), EU, Foreign Nationals, International Travel

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FY 2016 H-1B Cap Lottery Selection Completed, Premium Processing Timeline Begins April 27, 2015

On April 14, 2015, the U.S. Citizenship and Immigration Services (USCIS) announced that on April 27, 2015, it will begin reviewing cases filed with a request for premium processing. USCIS previously confirmed completion of the…more

H-1B, Lottery, USCIS, Visa Caps

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USCIS Issues New Policy Guidance on Validity Period of Form I-693 Medical Exam

U.S. Citizenship and Immigration Services (USCIS) has announced that any Form I-693, Report of Immigration Medical Examination and Vaccination Record, that was properly completed and signed by a civil surgeon on or after…more

Centers for Disease Control and Prevention (CDC), Immigration Procedures, Medical Examinations, Policy Updates, Required Forms

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California Imposes New Discovery Requirement: Initial Disclosures

On September 30, 2023, California Governor Gavin Newsom signed into law Senate Bill (SB) No. 235, which adds new rules for initial disclosures of information in discovery. Specifically, the new law amends California Code of…more

Cal Code of Civil Procedure, Disclosure Requirements, Discovery, Governor Newsom, New Legislation

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OFLC Announces Final Decommission of Permanent Online System and USCIS Offers Guidance for Filing I-140 Using New Form ETA-9089

The U.S. Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) announced that the legacy iCERT system for the preparation and submission of labor certification applications will be fully decommissioned on…more

Department of Labor (DOL), Form I-140 Petitions, Immigration Procedures, Labor Certifications, New Guidance

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OSHA’s Proposed Heat Injury and Illness Prevention Standard in Focus: Analysis and Review

On July 2, 2024, the Occupational Safety and Health Administration (OSHA) released a proposed rule on “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings.” The rule would apply to all employers and be…more

General Duty Clause, Health and Safety, Heat Exposure, NEP, OIRA

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Pregnant Workers Fairness Act Blocked in Texas

On February 27, 2024, a federal judge for the U.S. District Court for the Northern District of Texas blocked enforcement of the Pregnant Workers Fairness Act (PWFA) against the State of Texas, holding that the U.S. Congress…more

Consolidated Appropriations Act (CAA), Constitutional Challenges, Coronavirus/COVID-19, Enforcement, Equal Employment Opportunity Commission (EEOC)

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Maryland’s New Sick and Safe Leave Law Scheduled to Take Effect in February

On January 12, 2018, the Maryland General Assembly overrode Republican Governor Larry Hogan’s May 25, 2017 veto of legislation requiring Maryland employers to provide sick and safe leave to their employees. By overriding the…more

Governor Hogan, Governor Vetoes, Legislative Vetoes, Safe Leave, Sick Leave

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Indiana Supreme Court Upholds Right–to-Work Law

The debate over the constitutionality of Indiana’s right-to-work law may finally be over. In Zoeller v Sweeney (No. 45S00-1309-PL-596, November 6, 2014), the Indiana Supreme Court reversed a lower court ruling that had held…more

Employer Liability Issues, Hiring & Firing, Right to Work, Union Membership, Unions

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Indiana Supreme Court Favors Employee Over Interpretation of “Public Policy” Exception to At-Will Employment.

In Perkins v. Memorial Hospital of South Bend (Case No. 20S-CT-233), a split Indiana Supreme Court ruled in favor of an employee who was discharged after testifying against Memorial Hospital of South Bend at a coworker’s…more

At-Will Employment, Employment Litigation, IN Supreme Court, Public Policy, Unemployment Benefits

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New York Issues Updated Guidance on New Antidiscrimination Laws

As we previously reported, New York State significantly amended its antidiscrimination laws, with many of the changes effective as of October 11, 2019. The state issued updated FAQ guidance regarding these new requirements on…more

Anti-Discrimination Policies, Anti-Harassment Policies, Employee Training, Employer Liability Issues, Employment Discrimination

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Washington State Announces 2023 Minimum Wage Rate and Salary Thresholds

​​​​​​​The 2023 minimum wage rate in Washington State will increase to $15.74 per hour for employees sixteen years of age and older, the Washington State Department of Labor & Industries announced on September 30, 2022. This…more

Exempt-Employees, Minimum Salary, Minimum Wage, Non-Exempt Employees, State Labor Laws

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Second Circuit Ruling Clarifies Reach of EFAA Under Continuing Violation Doctrine in Sexual Harassment Cases

The Second Circuit Court of Appeals recently held that under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA), a hostile work environment “accrues” for purposes of the EFAA each time a new…more

Amended Legislation, Arbitration, Biden Administration, Dispute Resolution, Effective Date

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Oregon Bureau of Labor and Industries Proposes New Requirements Related to an Employer’s Response to Allegations of Harassment

On May 24, 2024, the Oregon Bureau of Labor and Industries (BOLI) issued a notice of proposed rulemaking to “clarify the rights of employees and the responsibility of employers following allegations of workplace harassment.”…more

Anti-Harassment Policies, Comment Period, Employer Liability Issues, Faragher/Ellerth defense, Harassment

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Frequently Asked Questions About the New Jersey Paid Sick Leave Law, Part III

The New Jersey Paid Sick Leave Law (PSLL) goes into effect on October 29, 2018. We have received hundreds of questions in the last few weeks from employers seeking guidance on what they must do to comply with the law in advance…more

Employer Liability Issues, Notice Requirements, Paid Sick Leave Act, Paid Time Off (PTO), Posting Requirements

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Broward County Becomes The Second County In Florida To Adopt Wage Protection Ordinance

On October 23, 2012, Broward County became the second county in Florida to adopt a controversial wage protection ordinance. In a seven-to-two vote, with Commissioners Stacy Ritter and Chip LaMarca voting against the ordinance,…more

Wage and Hour, Wage Theft Prevention Act, Wages

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U.S. Department of Education Delays Release of Title IX Final Rules to October 2023

The much-anticipated release of the Biden administration’s final revisions to the regulations implementing Title IX of the Education Amendments of 1972 will be delayed to October 2023, the U.S. Department of Education recently…more

Amended Regulation, Compliance Dates, Department of Energy (DOE), Final Rules, LGBTQ

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Pennsylvania Governor Repeals New Overtime Rules as Part of Budget Deal

On June 30, 2021, Pennsylvania Governor Tom Wolf signed an approximately $40 billion state budget package. In exchange for increased funding for public schools in the state budget, Governor Wolf agreed to repeal Pennsylvania’s…more

Employer Liability Issues, Fair Labor Standards Act (FLSA), Labor Regulations, Minimum Salary, Minimum Wage

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Federal District Court Blocks FTC Noncompete Rule from Taking Effect

On August 20, 2024, the U.S. District Court for the Northern District of Texas held unlawful and set aside the Federal Trade Commission’s (FTC) final rule prohibiting non-competition agreements with workers. The court entered a…more

Arbitrary and Capricious, Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Judgment

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DOL Opinion Letter Finds Gig Economy Service Providers to Be Independent Contractors

In what appears to be a first, the U.S. Department of Labor (DOL) has weighed in on the status of gig economy workers under the Fair Labor Standards Act (FLSA) in the form of an opinion letter. The DOL concluded that the workers…more

ABC Test, Department of Labor (DOL), Economic Realities Test, Employer Liability Issues, Fair Labor Standards Act (FLSA)

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NLRB Finalizes New ‘Blocking Charge,’ Voluntary Recognition Rules

On July 26, 2024, the National Labor Relations Board (NLRB) completed their unraveling of the commonsense representation case election rules previously implemented by the Board in 2020…more

Collective Bargaining, Construction Industry, Final Rules, Loper Bright Enterprises v Raimondo, New Rules

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EEOC Roundup: Top 5 Takeaways for Employers on the 2021 Enforcement and Litigation Statistics

On March 28, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released its Annual Performance Report and Enforcement and Litigation Statistics for fiscal year (FY) 2021 (October 1, 2020–September 30, 2021). As…more

Corporate Counsel, Enforcement, Enforcement Actions, Enforcement Statistics, Equal Employment Opportunity Commission (EEOC)

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Compass: Insights And Direction For Employers – Spring 2019

NLRB Returns to Traditional Independent Contractor Standard - On January 25, 2019, in SuperShuttle DFW, Inc., the National Labor Relations Board (NLRB) returned to its traditional independent contractor standard based on the…more

EEO-1, Employer Liability Issues, Equal Pay, Gender-Based Pay Discrimination, H-1B

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IRS Traded in Your Chevy for a “Cadillac (ac-ac-ac-ac-ac) Tax”: Agency Issues First Guidance on the Implementation Code Section 4980I

On February 23, 2015, the Internal Revenue Service (IRS) issued the first piece of guidance that discusses the excise tax, better known as the “Cadillac Tax,” imposed by Section 4980I of the Internal Revenue Code of 1986, as…more

Affordable Care Act, Cadillac Tax, COBRA, Employer Group Health Plans, Excise Tax

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German Federal Labor Court: Employers May No Longer Cite ‘Better Negotiating Skills’ as an Argument for Unequal Pay

In the past, the argument was often made that a female employee might not be entitled to a differential compensation claim due to lower pay compared to a male colleague, if the higher salary of the male colleague who performed…more

Contract Negotiations, Contract Terms, Employer Liability Issues, Employment Contract, Employment Litigation

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Supreme Court Requires But-For Causation for Section 1981 Claims

On March 23, 2020, the Supreme Court of the United States, in Comcast Corp. v. National Association of African-American Owned Media, ruled that a plaintiff who alleges race discrimination under 42 U.S.C. § 1981 must plead and…more

42 U. S. C. § 1981, Appeals, Burden of Proof, But For Causation, Civil Rights Act

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Unions Fight Back Against Missouri Right-to-Work Law

On February 6, 2017, Missouri Governor Eric Greitens signed Senate Bill 19, making Missouri our nation’s 28th right-to-work state. Senate Bill 19, codified as Section 290.590 of the Missouri Revised Statutes (RSMo), was…more

Citizen Initiative Campaigns, Collective Bargaining Agreements (CBA), Governor Greitens, Referendums, Right to Work

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Colorado’s Artificial Intelligence Act: What Employers Need to Know

On May 17, 2024, Colorado Governor Jared Polis signed into law Senate Bill (SB) 24-205, “Concerning Consumer Protections in Interactions With Artificial Intelligence Systems” (the “Colorado Artificial Intelligence (AI) Act”), a…more

Algorithms, Artificial Intelligence, Compliance, Consumer Protection Laws, Employer Liability Issues

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New Jersey Supreme Court Declares Non-Disparagement Provisions ‘Impermissible’ When Used to Silence Victims Under NJLAD

On May 7, 2024, the Supreme Court of New Jersey invalidated an otherwise valid settlement agreement solely because the agreement contained a “non-disparagement provision,” the scope of which the court found “would bar…more

Anti-Discrimination Policies, Employer Liability Issues, Employment Discrimination, NJ Supreme Court, NJLAD

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EEOC Unveils Final Rule Implementing Pregnant Workers Fairness Act

On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) unveiled its final rule and interpretive guidance implementing the Pregnant Workers Fairness Act (PWFA), clarifying employers’ responsibilities under the…more

Americans with Disabilities Act (ADA), Covered Employees, Equal Employment Opportunity Commission (EEOC), Final Rules, Pregnant Workers Fairness Act

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Washington Staffing Agencies and Worksite Employers Must Now Train Temporary Employees on Workplace Safety Hazards

On April 14, 2021, Washington governor Jay Inslee signed into law Substitute House Bill (SHB) 1206, creating new requirements for staffing agencies and worksite employers utilizing temporary employees to provide training on…more

Amended Legislation, Employee Training, Governor Inslee, Notice Requirements, Staffing Agencies

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Ohio Becomes 24th State to Legalize Recreational Use of Marijuana: 7 Key Considerations for Employers

On November 7, 2023, Ohio voters made Ohio the twenty-fourth state in the United States to legalize the recreational possession and use of marijuana. Ohio Revised Code (R.C.) Section 3780, which is subject to amendment by the…more

Decriminalization of Marijuana, Department of Transportation (DOT), Drug Testing, Drug-Free Workplace Act, Election Results

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Court Enjoins California’s Ban on Mandatory Arbitration of Statutory Employment Claims: 10 Questions and Answers for Employers

On October 10, 2019, Governor Gavin Newsom signed California Assembly Bill (AB) 51, which prohibits employers from requiring employees to arbitrate claims arising under the California Fair Employment and Housing Act (FEHA) and…more

Federal Arbitration Act, FEHA, Mandatory Arbitration, Motion To Enjoin, Statutory Employees

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Illinois Governor Signs Bills Expanding Contractors’ Liability for Unpaid Wages of Subcontractors’ Workers

On June 10, 2022, Illinois Governor JB Pritzker signed House Bill 5412 and its trailer bill, House Bill 4600, into law. Both bills amend the Illinois Wage Payment and Collection Act (WPCA) to make certain primary contractors…more

Construction Contracts, General Contractors, Governor Pritzker, New Legislation, Notice Requirements

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New York State Issues Guidance and FAQs for Paid Sick Leave Law

On April 3, 2020, New York State enacted a statewide paid sick leave (PSL) law impacting all private employers in New York. The law requires employers to provide up to 40 or 56 hours of annual sick leave (depending on their size…more

New Guidance, Paid Sick Leave, State Labor Laws

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California Supreme Court Gives PAGA Plaintiffs Broad Right to Contact Information; Recognizes Employee Burden to Show “Manageability”

On July 13, 2017, the Supreme Court of California issued a unanimous opinion in Williams v. The Superior Court of Los Angeles County (Marshalls of CA, LLC), holding that a representative plaintiff in a Private Attorneys General…more

Burden of Proof, CA Supreme Court, Cal Code of Civil Procedure, Class Action, Class Certification

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Restroom Rights—The New Challenge for Texas Employers

Time was when an employer’s only preoccupation with restrooms was whether the cleaning crew was keeping them stocked with soap, towels, and toilet paper. Enter the new reality: federal agencies and LGBT rights groups are…more

Barack Obama, Employee Restrooms, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Executive Orders

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NLRB General Counsel Says ‘Stay-or-Pay’ Provisions Are Unlawful, Calls for Make-Whole Remedies for Noncompetes

In another post-McLaren Macomb challenge to common employer/employee agreements, on October 7, 2024, the National Labor Relations Board (NLRB) general counsel (GC) issued a memorandum warning employers that the GC views…more

Contract Terms, Cure Periods, Employment Contract, NLRB, NLRB General Counsel

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Infrastructure Investment and Jobs Act Repeals Employee Retention Credits as of September 30, 2021

President Biden’s signing of the Infrastructure Investment and Jobs Act (IIJA) on November 15, 2021, retroactively eliminates an employer’s ability to claim employee retention credits (ERC) for eligible wages paid after…more

American Rescue Plan Act of 2021, CARES Act, Consolidated Appropriations Act (CAA), Employee Retention, Infrastructure

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What the Final Mental Health Parity Rules Mean for Employers

The wait is over, and now the work begins for health plan sponsors. Much-anticipated final rules implementing the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) were recently…more

Benefit Plan Sponsors, Department of Health and Human Services (HHS), Department of Labor (DOL), Employer Group Health Plans, Health Insurance

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Employers Looking Forward to a GOP Labor Board Must Exercise Patience

As the Trump administration begins to exercise its power through U.S. agencies enforcing federal employment laws, two Republican appointees will soon reshape the National Labor Relations Board (NLRB) with a majority presumably…more

NLRB, Presidential Appointments, Regulatory Agenda, Trump Administration

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Court of Appeal for Ontario Upholds Decision That Serves as Warning Against Relying on Historical Employment Contracts

The Court of Appeal for Ontario recently released a decision that affirmed the key legal principles and considerations courts will rely on when determining the enforceability of a historically written contract that no longer…more

Appeals, Contract Terms, Employment Contract, Employment Litigation, Incentive Compensation

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Eleventh Circuit Holds Adverse Employment Action Is Required in ADA Failure-to-Accommodate Claim

Under the Americans with Disabilities Act (ADA), “[n]o covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of…more

Adverse Employment Action, Americans with Disabilities Act (ADA), Corporate Counsel, Disability, Disability Discrimination

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California Bill Would Require Employers to Continue Compensation for COVID-19–Positive Employees Excluded From Workplace

On February 16, 2024, California Assembly Member Pilar Schiavo (D-40) introduced legislation (Assembly Bill (AB) 3106) that would require the California Occupational Safety and Health Standards Board to adopt a standard that…more

Cal-OSHA, Compensation & Benefits, Coronavirus/COVID-19, Paid Leave, Popular

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January 2024 Visa Bulletin and Visa Number Availability for the Remainder of FY 2024

U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State have significant volumes of adjustment of status and immigrant visa applications in their inventories, limiting the supply of available immigrant…more

Adjustment of Status, EB-1, EB-2, EB-3, I-485 Applications

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Federal Judge Rules Grocery Store Did Not Retaliate Over Facemask Dress Code Policy

On January 23, 2023, a Massachusetts federal judge ruled that a group of former employees had not shown that a grocery store chain unlawfully retaliated against them for opposing a dress code policy that prohibited the wearing…more

Black Friday, Dress Codes, Employer Liability Issues, Employment Litigation, Grocery Store Workers

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Philadelphia Ban on Pre-Hire Marijuana Testing Takes Effect on January 1, 2022

On January 1, 2022, Philadelphia’s ordinance, titled, “Prohibition on Testing for Marijuana as a Condition for Employment,” Phila. Code § 9-5500, et seq., will take effect. The ordinance - which was passed by the Philadelphia…more

Drug Testing, Employer Liability Issues, Employment Policies, Hiring & Firing, Job Applicants

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OSHA Updates Its Process Safety Management of Highly Hazardous Chemicals Instruction

On January 26, 2024, the Occupational Safety and Health Administration (OSHA) issued its updated Process Safety Management of Highly Hazardous Chemicals Instruction, providing enforcement guidance related to compliance with the…more

Chemicals, Enforcement Guidance, Guidance Update, Hazardous Substances, OSHA

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Texas Supreme Court Establishes That an At-Will Employee Does Not Have a Viable Fraud Claim Based on Continued Employment

The Texas Supreme Court recently issued a much-anticipated opinion regarding fraud claims in the employment at will context. In Sawyer v. E.I. du Pont de Nemours & Co., 430 S.W.3d 396 (Tex. 2014), the Fifth Circuit Court of…more

At-Will Employment, Fraud, Hiring & Firing, Subsidiaries

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Implied Rights in Whistleblower Policies: What DC’s Latest Ruling Means for Employers

On March 18, 2015, the U.S. District Court for the District of Columbia ruled on a motion to dismiss in a case that will have potentially serious consequences for D.C. employers that include written whistleblower and other…more

Adverse Employment Action, Anti-Retaliation Provisions, Employee Handbooks, Employer Liability Issues, Employment Policies

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Biden Administration Announces End to COVID-19 Vaccination Requirements for International Travelers

On May 1, 2023, the White House announced that beginning May 12, 2023, foreign nationals entering the United States via airports will no longer be required to provide evidence of vaccination against COVID-19. Additionally, in a…more

Biden Administration, Coronavirus/COVID-19, Department of Homeland Security (DHS), Foreign Nationals, International Travel

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Minnesota Worker Safety Legislation for Meatpacking and Warehouse Industries Signed Into Law

On May 24, 2023, Governor Tim Walz signed Senate File No. 3035, which, among other provisions, amends the Packinghouse Workers Bill of Rights (Minn. Stat. § 179.86), creates new meatpacking workplace safety requirements with the…more

Employer Liability Issues, Employment Policies, OSHA, State Labor Laws, Workplace Safety

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New York’s Retail Workplace Violence Prevention Bill Signed Into Law by Governor Hochul

After a summer hiatus, the New York Retail Worker Safety Act (S8358C/A8947C) was delivered to Governor Kathy Hochul on September 4, 2024, and signed into law the same day…more

Compliance, Retail Workers, State Labor Laws, Workplace Safety, Workplace Violence

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Revisiting Rochow: The Sixth Circuit Rejects Earlier $3.8 Million Equitable Award in Recent En Banc Decision

Just over a year ago, a panel decision by the Sixth Circuit Court of Appeals in Rochow v. Life Insurance Company of North America, 737 F.3d 415 made big news when the court upheld the district court’s award of $3.8 million in…more

Appeals, Denial of Benefits, Disgorgement, Employee Retirement Income Security Act (ERISA), En Banc Review

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Congress Passes Resolution to Block Obama Administration Restrictions on Drug Testing Those Seeking Unemployment Benefits

On March 14, 2017, the U.S. Senate approved House Joint Resolution 42, which earlier passed in the U.S. House of Representatives and blocks the U.S. Department of Labor’s (DOL) regulation limiting states’ ability to drug test…more

Congressional Review Act, Department of Labor (DOL), Drug Testing, Pending Legislation, Unemployment Benefits

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What Colleges and Universities Need to Know About the Department of Education’s Final Title IX Rules

On May 6, 2020, the U.S. Department of Education released final regulations governing how institutions that receive federal financial assistance covered by Title IX of the Education Amendments of 1972 (Title IX) must respond to…more

Colleges, Department of Education, Disciplinary Proceedings, Educational Institutions, Final Rules

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San Francisco Issues Guidance on COVID-19 ‘Temporary Right to Reemployment’ Ordinance

On August 7, 2020, the San Francisco Office of Economic and Workforce Development (OEWD) published guidance regarding the City of San Francisco’s “Temporary Right to Reemployment Following Layoff Due to COVID-19 Pandemic…more

Coronavirus/COVID-19, Employee Retention, Layoffs, Local Ordinance, Notice Requirements

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New Arizona Laws Seek to Clarify Independent Contractor Status

Arizona’s new Declaration of Independent Business Status (DIBS) law went into effect on August 6, 2016. Arizona employers can now clarify their relationships with independent contractors under certain circumstances. For purposes…more

Amended Regulation, Independent Contractors, Wage and Hour

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Potential Impact of the FTC’s Noncompete Ban on Employee Benefits and Executive Compensation

The Federal Trade Commission’s (FTC) ban on noncompetition covenants (“noncompetes”) could significantly impact the design and administration of employee benefits and executive compensation arrangements…more

Employee Benefits, Employment Contract, Executive Compensation, Federal Trade Commission (FTC), Final Rules

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German Federal Labor Court Rules Limitation Periods in Employment Contracts That Do Not Explicitly Exclude the Minimum Wage Are Ineffective

The questions of whether limitation periods in employment contracts must expressly exclude claims to the statutory minimum wage and whether limitation/forfeiture clauses in employment contracts without such an exception are…more

Employer Liability Issues, Employment Contract, Employment Litigation, Germany, Limitation Periods

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Ninth Circuit Holds a Second Medical Opinion Is Not Necessary to Challenge an Employee’s Entitlement to FMLA Leave

The U.S. Court of Appeals for the Ninth Circuit recently held that an employer may challenge an employee’s entitlement to the benefits of the Family and Medical Leave Act (FMLA) without the necessity of obtaining a second…more

Appeals, Employment Litigation, Family and Medical Leave Act (FMLA), Hiring & Firing, Medical Leave

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Nevada Employers Prepare to Provide Leave for Domestic Violence Victims

In the new year, Nevada employers will be required to provide workplace protections for employees who are victims of domestic violence. Nevada Senate Bill 361, which was signed into law by Governor Brian Sandoval over the…more

Domestic Violence, Employer Mandates, Employment Policies, Family and Medical Leave Act (FMLA), Governor Sandoval

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Minnesota Employment Legislative Update 2024, Part IV: The Aftermath of Minnesota’s Legislative Circus

May 20, 2024, marked the end of the legislative session for yet another historic and busy year for Minnesota’s legislature. Amidst endless shouting, a sprawling 1,400-plus-page omnibus bill, and ethical complaints, the aftermath…more

Credit Cards, Data Privacy, Earned Sick Time, Governor Walz, Human Rights Act

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Pennsylvania Supreme Court Addresses Consideration for Noncompetes

In Pennsylvania, noncompetition agreements must, among other things, be supported by adequate consideration to be enforceable. It is well established that an initial offer of employment constitutes adequate consideration…more

Consideration, Employment Litigation, Enforceability, Job Offers, Non-Compete Agreements

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How Has the DOL’s Fiduciary Rule Affected Plan Sponsors?

What has changed with the U.S. Department of Labor’s (DOL) final regulations and certain prohibited transaction exemptions (PTEs)? Is it really that bad even for plan sponsors, as we hear from the many critics of the DOL’s…more

Benefit Plan Sponsors, Best Interest Standard, Conflicts of Interest, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA)

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The New Missouri Minimum Wage: What Employers Need to Know by January 1

Missouri voters have been heard: the state’s minimum wage is on the rise. On November 6, 2018, Missouri voters approved Proposition B, a measure that proposed an increase to the current state minimum wage of $7.85 per hour…more

Minimum Wage, New Legislation, State Labor Laws

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Minnesota Adopts New Rules for Parental Leave, Tips, and Recordkeeping Starting August 1, 2024

New laws in Minnesota will change how employers need to handle parental leave, tips, and recordkeeping. Most of the changes were part of the state’s omnibus bill for 2024 and are set to take effect on August 1, 2024…more

Compliance Dates, Employee Benefits, Family and Medical Leave Act (FMLA), New Guidance, New Legislation

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Fifth Circuit Rules Day Rate Compensation Does Not Satisfy Requirement of Payment on a Salaried Basis for Exempt Status

The issue of the proper application of the highly compensated employee exemption under the Fair Labor Standards Act (FLSA), as it applies to employees paid on a “day-rate” basis in the oil and gas industry, has been a hotly…more

Day-Rate Pay, Employment Litigation, Exempt-Employees, Fair Labor Standards Act (FLSA), Highly Compensated Employees

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Pregnant Workers Fairness Act Blocked in Texas

On February 27, 2024, a federal judge for the U.S. District Court for the Northern District of Texas blocked enforcement of the Pregnant Workers Fairness Act (PWFA) against the State of Texas, holding that the U.S. Congress…more

Consolidated Appropriations Act (CAA), Constitutional Challenges, Coronavirus/COVID-19, Enforcement, Equal Employment Opportunity Commission (EEOC)

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Texas Workforce Commission Issues Required Workplace Violence Reporting Notice

The Texas Workforce Commission recently published a notice that employers are required to post in conspicuous locations in their workplaces informing employees about reporting workplace violence or suspicious activity…more

Anti-Harassment Policies, Employer Liability Issues, Employment Policies, Human Resources Professionals, State Labor Laws

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Michigan Extends Its Stay-at-Home Order Through April 30, 2020

On April 9, 2020, Michigan Governor Gretchen Whitmer issued an updated “Stay Home, Stay Safe” Executive Order (EO) 2020-42, which extends the state’s emergency declaration through April 30, 2020. The EO reaffirms the measures…more

Coronavirus/COVID-19, Executive Orders, Governor Whitmer, Shelter-In-Place, State of Emergency

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The Opportunities and Obligations of Venture Capital and Private Equity in the #MeToo Environment

California is a state of pioneers. It is in the vanguard of new legislation, often adopted later by other states. It is also known for its financial ventures into new technologies and research—ventures in amounts greater than…more

#MeToo, Corporate Culture, Entrepreneurs, Harassment, Private Equity Firms

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Vaccine Volunteers: Is “Thank You” Sufficient Compensation?

The Fair Labor Standards Act (FLSA) requires employers to pay nonexempt employees at least minimum wage for all hours worked up to 40 hours in a workweek and time and one-half for all hours worked over 40 hours in the same…more

Fair Labor Standards Act (FLSA), Health Care Providers, Hospitals, Minimum Wage, Vaccinations

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White House Focuses on Pay Equity and Transparency

While the Paycheck Fairness Act (S. 205) is stalled in the U.S. Senate, the White House has called for action on issues relating to pay equity. On March 15, 2022, which was women’s “Equal Pay Day” for 2022 in the United States,…more

Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Equal Pay, Federal Acquisition Regulations (FAR), Federal Contractors

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Maryland Releases FAQs in Relation to Wage Range Transparency Act

The Maryland Department of Labor recently released key questions and answers regarding the state’s Wage Range Transparency Act, which took effect on October 1, 2024, amending the prior Equal Pay for Equal Work laws found in…more

Compensation & Benefits, Employer Liability Issues, Labor Regulations, Minimum Wage, Over-Time

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Kansas City Joins Movement to Ban Salary History Inquiries

Employers in Kansas City, Missouri, are now prohibited from asking applicants about their prior salary or pay histories. Kansas City’s ordinance, which becomes effective on October 31, 2019, is part of a growing national trend…more

Employer Liability Issues, Hiring & Firing, Job Applicants, Local Ordinance, Pay Equity Laws

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Stateside Visa Renewal Pilot Program Set to Begin in January 2024

On December 15, 2023, the Office of Information and Regulatory Affairs cleared review of the U.S. Department of State’s highly anticipated stateside visa renewal pilot program. The program will apply only to H-1B applicants and…more

Federal Pilot Programs, H-1B, Immigration Procedures, Immigration Reform, US Department of State

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Impact of Supreme Court’s Recent Actions on Employee Benefits

Did the Supreme Court legalize same-sex marriage? On October 6, 2014, the Supreme Court of the United States denied review of seven petitions challenging federal court of appeal rulings in the Fourth, Seventh, and Tenth…more

401k, Beneficiaries, Defined Benefit Plans, Department of Labor (DOL), Employee Benefits

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Nonbinary Pronoun Usage in the Workplace: What Employers Are Doing to Promote Inclusivity

Using the correct pronouns and honorifics in the workplace has become an increasingly important part of maintaining an inclusive workplace. At the same time, the sensitive nature of this trend and the many variations of pronouns…more

Anti-Discrimination Policies, Bostock v Clayton County Georgia, Civil Rights Act, Diversity, Diversity and Inclusion Standards (D&I)

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Tucson’s Minimum Wage Ordinance Takes Effect on April 1, 2022 - Don’t Be Fooled

On November 2, 2021, voters in Tucson, Arizona, passed Proposition 206 (officially titled the Tucson Minimum Wage Act (TMWA)). This new city ordinance increases the minimum wage for virtually all employees working within the…more

Local Ordinance, Minimum Wage, Wage and Hour

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The King’s Speech - The Key Employment Implications

On 17 July 2024, the King’s Speech set out the government’s priorities and proposed policies for the next parliamentary session. A key announcement was the Employment Rights Bill and the government’s commitment to deliver in…more

Anti-Discrimination Policies, Employee Rights, Equal Pay, Hiring & Firing, Labour Code

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“Alaska’s Plan Forward” - The State Moves to Phase III in COVID-19 Reopening

With only 404 total positive test results, 44 hospitalizations, and 10 deaths statewide during the pandemic as of May 22, 2020, Alaska took a big step forward in reopening its economy and lifting restrictions on social…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Executive Orders, Governor Dunleavy, Re-Opening Guidelines

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U.S./Mexico/Canada COVID-19 Travel Update: Biden Administration Extends Border Restrictions Through April 21, 2021

On March 18, 2021, the Biden administration extended ongoing travel restrictions along the United States-Canada and United States-Mexico land ports of entry through April 21, 2021. The restrictions, which were previously set to…more

Biden Administration, Canada, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Mexico

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Federal Court Delays EEOC’s Pregnant Workers Fairness Act Abortion Accommodation in Louisiana, Mississippi

On June 17, 2024, a federal court in Louisiana issued a preliminary injunction blocking the enforcement in Louisiana and Mississippi of the portion of the U.S. Equal Employment Opportunity Commission’s (EEOC) final rule…more

Abortion, Chevron Deference, Chevron v NRDC, Dobbs v. Jackson Women’s Health Organization, Equal Employment Opportunity Commission (EEOC)

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Massachusetts Adopts Pay Transparency and Reporting Requirements

Massachusetts has enacted a new law imposing pay transparency and pay data reporting obligations on employers in the state. The law will take effect on July 31, 2025…more

Compliance, Disclosure Requirements, EEO-1, New Legislation, Pay Data

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Eighth Circuit Rejects OSHA’s Interpretation of Guarding Standard in Worker Fatality Appeal

On October 13, 2015, the Eighth Circuit Court of Appeals ruled in favor of Loren Cook in an 8–4 en banc decision in the carefully-watched machine guarding case of Perez v. Loren Cook Company, Eighth Circuit Court of Appeals, No…more

Administrative Law Judge (ALJ), Department of Labor (DOL), Employer Liability Issues, OSHA, Workplace Injury

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Indiana Governor Issues Updated Stay-at-Home Order Due to Continued Spread of COVID-19

On April 6, 2020, Indiana Governor Eric J. Holcomb issued an updated “Stay-at-Home Order,” Executive Order 20-18 (E.O. 20-18), superseding the Stay-at-Home Order that he issued on March 23, 2020. In announcing the updated order,…more

Business Closures, Coronavirus/COVID-19, Executive Orders, Governor Holcomb, Operators of Essential Services

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When Retirement Plan Service Providers Use Plan Participant Data for Purposes Unrelated to a Plan? What Employers Need to Know

There is a growing trend of using participant data to cross-sell financial products unrelated to plan recordkeeping by large recordkeepers and asset custodians of employer-sponsored retirement plans. In light of the fact that…more

Benefit Plan Sponsors, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Personal Data, Retirement Plan

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Fraternizing May Lead to Your Partner’s Promotion, Your Discharge, and Possibly a Lawsuit

At what point does a company’s application of its anti-fraternization policy become sex discrimination? Last week, a federal court in Alabama found that the answer to this question may be determined by a jury…more

Corporate Counsel, Employment Policies, Fraternization Policies, Hiring & Firing, Human Resources Professionals

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So You’re Going Global! Five Employment Basics for U.S. Companies Expanding Overseas

Your company is doing well in the United States, and you are looking to expand internationally. That can be a very exciting time! But besides the practical logistics (e.g., Do I need to set up a subsidiary to hire someone…more

Employer Liability Issues, Foreign Subsidiaries, Human Resources Professionals, Labor Code, Multinationals

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New Louisiana Laws on Tort Actions, Meal Breaks, Arbitration Agreements, and Nondisclosure Agreements Take Effect in July and August 2024

Four new and notable laws affecting Louisiana employers are taking effect in summer 2024, including an expanded statute of limitations for employment torts, meal breaks for minors, a ban on predispute arbitration agreements for…more

Arbitration, Biden Administration, Employer Liability Issues, Federal Labor Laws, Hostile Environment

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Employment Rights Bill Is Laid Before UK Parliament: What Employers Need to Know

The new Labour government has set out its plans for reforming the labour market in its Employment Rights Bill just within the first one hundred days in office. This volume of change was initially set out in the Labour…more

Administrative Agencies, Contract Terms, Employee Rights, Employment Contract, Flexible Work Arrangements

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Eleventh Circuit Upholds Ruling for Employer on ADA Claims Where Employee Submitted Noncompliant Return-to-Work Letter

On February 7, 2024, in Jones v. Georgia Ports Authority, the U.S. Court of Appeals for the Eleventh Circuit affirmed a district court’s grant of summary judgment for an employer where a former employee who requested an…more

Americans with Disabilities Act (ADA), Department of Veterans Affairs, Employment Litigation, Employment Policies, Family and Medical Leave Act (FMLA)

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MIOSHA Issues Agency Instruction, Clarifying Procedures for Conducting Interviews During Enforcement Investigations

On October 17, 2022, the Michigan Occupational Safety and Health Administration (MIOSHA) issued an agency instruction, the subject of which is “Interviews in Health and Safety Investigations.” The stated purpose of that agency…more

Administrative Law Judge (ALJ), Criminal Prosecution, Enforcement, Enforcement Actions, Fifth Amendment

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NLRB Continues to Apply Common-Sense Interpretations to Employer Rules

The current National Labor Relations Board (NLRB) continues to provide relief for employers whose workplace rules and policies were under attack from the Board during the Obama administration. Following the line of authority…more

Boeing, Employment Policies, NLRB

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MSHA Releases Final Rule on Respirable Crystalline Silica

On April 18, 2024, the Mine Safety and Health Administration (MSHA) published the long-anticipated final rule on respirable crystalline silica for coal mines and metal and nonmetal mines. As expected, this final rule is a…more

Final Rules, Health and Safety, Mine Safety and Health Administration (MSHA), Mining, Safety Inspections

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Massachusetts SJC: Employers Are Strictly Liable for Treble Damages for Late, Pre-Suit Wage Payments

On April 4, 2022, in Reuter v. City of Methuen, the Massachusetts Supreme Judicial Court (SJC) held that employers are strictly liable for treble damages for making late wage payments, even when an employee has not yet filed…more

Employer Liability Issues, Employment Litigation, Interest Payments, Labor Law Violations, MA Supreme Judicial Court

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Are You Prepared for the Workplace Challenges That Will Rise With the Solar Eclipse?

Unless you have been living under a rock, you should know by now that on August 21, 2017, a total solar eclipse will cross the continental United States, coast to coast. While the entire country will experience a partial…more

Employer Liability Issues, Employment Policies, Paid Leave, Safety Precautions, Time-Off Policies

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The NLRB Throws a Flag on NCAA Division I Football and Explains Some Rules to Colleges and Universities

In an official memorandum entitled “General Counsel’s Report on the Statutory Rights of University Faculty and Students in the Unfair Labor Practice Context,” the National Labor Relations Board (NLRB) General Counsel Richard F…more

College Athletes, Colleges, Columbia University, Employee Rights, Football

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Workplace Investigations in 2022: Ringing in the New Year on the Right Foot

According to a poll conducted during an Ogletree Deakins webinar in 2021, 70 percent of approximately 1,200 attendees had experienced an increase in internal workplace complaints. In addition, a recently published outlook for…more

Complaint Procedures, Corporate Culture, Employee Training, Employer Liability Issues, Employment Policies

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’Tis the Season to Answer Employer Shared Responsibility Payment Letters From the IRS

The deadline to respond is nearing for employers that received the first wave of Letter 226J mailings proposing to assess them with Employer Shared Responsibility Payments (ESRPs) for 2015 under Section 4980H of the Internal…more

Affordable Care Act, Benefit Plan Sponsors, Corporate Counsel, Health Insurance, Internal Revenue Code (IRC)

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Arkansas’s Minimum Wage Will Start to Climb in 2019

After a midterm election that resulted in change around the country, Arkansas workers will be taking home a little more change themselves over the next three years. On November 6, 2018, Arkansas voters elected to increase the…more

Election Results, Minimum Wage, State and Local Government, State Elections, Wage and Hour

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“It Says What It Says”: Dodd-Frank Whistleblower Protection Requires SEC Reporting, SCOTUS Rules

On February 21, 2018, the Supreme Court of the United States ruled that the anti-retaliation provision of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act does not extend to an individual who has not reported a…more

Anti-Retaliation Provisions, Corporate Counsel, Digital Realty Trust Inc v Somers, Dodd-Frank, Internal Reporting

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Ohio Issues COVID-19 Restrictions on Retailers

On November 13, 2020, Ohio Governor Mike DeWine and Interim Director of the Ohio Department of Health Lance Himes issued a new director’s order enhancing face covering requirements for Ohio retailers, adding mandatory oversight…more

Coronavirus/COVID-19, Governor DeWine, Masks, Public Health, Re-Opening Guidelines

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City of Chicago Increases Minimum Wage

Effective January 1, 2015, the City of Chicago increased the minimum wage within its city limits to $10.00 per hour worked for non-tipped employees and to $5.45 per hour worked for tipped employees. The previous minimum wage was…more

Local Ordinance, Minimum Wage, Private Right of Action, Tipped Employees, Wage and Hour

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Misclassification Initiatives Spread As Florida Signs Formal Pact with DOL

On January 13, 2015, the U.S. Department of Labor’s (DOL) Wage and Hour Division and the Florida Department of Revenue’s General Tax Administration (FDOR) entered into a memorandum of understanding (MOU) in which they agreed to…more

Department of Labor (DOL), Department of Revenue, Employee Definition, Employer Liability Issues, Enforcement

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April 2024 Visa Bulletin Shows Advancement, but State Department Predicts Little to No Further Movement in Coming Months

U.S. Citizenship and Immigration Services (USCIS) has confirmed it will accept employment-based adjustment of status applications based on the Final Action Dates chart for the April 2024 Visa Bulletin…more

Adjustment of Status, EB-1, EB-2, EB-3, Immigration Procedures

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New Jersey Supreme Court To Revisit Employer Liability For Sexual Harassment By Supervisors

On November 6, 2013, the New Jersey Supreme Court granted certification in Aguas v. State of New Jersey, 2013 WL 1136115 (App. Div. Mar. 20, 2013), a pro-employer ruling on the issue of employer liability for sexual harassment…more

Anti-Harassment Policies, Department of Corrections, Employer Liability Issues, Sexual Harassment, Supervision

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Green Card Applications: USCIS Removes the 60-Day Rule for Medical Examinations

On March 31, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that it had removed the requirement that a civil surgeon’s signature on Form I-693, Report of Immigration Medical Examination and Vaccination Record,…more

Adjustment of Status, Filing Deadlines, Foreign Nationals, Green Cards, I-485 Applications

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New York to Require Paid Prenatal Care Leave Among Other Updates in Budget Legislation

New York will be the first state to require employers to provide paid leave to pregnant employees for prenatal care under one of a series of proposals included in legislation recently signed by Governor Kathy Hochul to implement…more

Lactation Accommodation, New Legislation, Paid Leave, Paid Sick Leave, Pregnancy

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USCIS Update: myProgress Tool Expands to Forms I-485 and I-821

U.S. Citizenship and Immigration Services (USCIS) recently announced the expansion of the online myProgress tool to Form I-485, Application to Register Permanent Residence or Adjust Status, and Form I-821, Application for…more

Adjustment of Status, I-485 Applications, Immigration Procedures, USCIS, Visa Applications

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NLRB General Counsel Issues Memo on Notice-Posting Requirement

On May 20, 2020, National Labor Relations Board (NLRB) General Counsel Peter Robb issued new guidance in Memorandum G.C. 20-06 regarding the NLRB’s remedial notice posting requirements. Effective immediately, the 60-day remedial…more

New Guidance, NLRB, NLRB General Counsel, Posting Requirements

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Illinois Legislature Again Amends the Illinois Day and Temporary Labor Services Act

On May 24, 2024, the Illinois General Assembly passed Senate Bill (SB) 3650, which amends the Day and Temporary Labor Services Act (DTLSA). The amendments focus mainly on refining the equal pay and equal benefits provisions of…more

Amended Legislation, Day Laborers, Employee Rights, Equal Pay, Governor Pritzker

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Play for Pay Won’t Go Away: The NCAA Is Again Defending Antitrust Litigation Over Limits on Payments to Student Athletes

The National Collegiate Athletic Association (NCAA) and 11 of its member conferences are on trial in In Re: National Collegiate Athletic Association Grant-in-Aid Cap Antitrust Litigation (4:14-md-2541) to defend against…more

Antitrust Litigation, Appeals, College Athletes, Colleges, Motion for Summary Judgment

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CFPB Warns Employee NDAs, Confidentiality Agreements May Violate Whistleblower Laws

On July 24, 2024, the Consumer Financial Protection Bureau (CFPB) issued guidance putting financial regulators and employers on notice that requiring employees to sign broad confidentiality or nondisclosure agreements that…more

CFTC, Commodity Exchange Act (CEA), Confidentiality Agreements, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB)

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California Legislation Would Expand Cal/OSHA’s Authority to Regulate Gun Use in Entertainment Industry

The California Legislature recently introduced Senate Bill (SB) 831, which would increase regulations in, and add gun safety measures to, the motion picture and television industry. According to the text of the bill, the…more

Cal-OSHA, Enforcement Authority, Entertainment Industry, Firearms, Gun Laws

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Louisiana Amends Pregnancy and Childbirth Nondiscrimination Law to Include Express Reasonable Accommodation Requirements

Louisiana’s nondiscrimination law protecting “pregnancy, childbirth and related medical conditions” in employment (La. R.S. 23:341–42) was recently amended primarily by including an express reasonable accommodation requirement…more

Breastfeeding, Employee Rights, Pregnancy, Pregnancy Discrimination, Reasonable Accommodation

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Mexico’s Ministry of Labor and Social Welfare Issues Rules Changing PROFEDET’s Focus to Mediation

On August 31, 2022, the Ministry of Labor and Social Welfare issued a regulation changing the Federal Attorney General’s Office for the Defense of Labor (Procuraduría Federal de la Defensa del Trabajo, known as PROFEDET) to…more

Dispute Resolution, Labor Relations, Mediation, Mexico, Ministry of Labour

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Ninth Circuit Holds a Second Medical Opinion Is Not Necessary to Challenge an Employee’s Entitlement to FMLA Leave

The U.S. Court of Appeals for the Ninth Circuit recently held that an employer may challenge an employee’s entitlement to the benefits of the Family and Medical Leave Act (FMLA) without the necessity of obtaining a second…more

Appeals, Employment Litigation, Family and Medical Leave Act (FMLA), Hiring & Firing, Medical Leave

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Illinois Amends Nurse Agency Licensing Act to Prohibit Noncompetes and Add New Reporting Requirements

​​​​​​​With little press coverage, Illinois just amended the Nurse Agency Licensing Act (House Bill (HB) 4666) to prohibit noncompete agreements between nurse staffing agencies and nurses or certified nursing assistants (CNAs)…more

Amended Legislation, Non-Compete Agreements, Nurses, Reporting Requirements, Staffing Agencies

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USCIS Asks Congress for $1.2 Billion in Emergency Funds Amid Plans to Raise Application Fees

U.S. Citizenship and Immigration Services (USCIS) recently asked Congress for $1.2 billion in emergency funding in order to continue operations. USCIS also intends to impose a 10 percent surcharge on new immigration applications…more

Application Fees, Federal Funding, USCIS

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Colorado Cracks Down on Restrictive Covenant Agreements, Authorizing Potential Criminal Penalties

Colorado has enlisted the help of the criminal justice system to reinforce its strong public policy against restrictive covenants. Beginning on March 1, 2022, violations of Colorado’s restrictive covenants statute, C.R.S. §…more

Criminal Liability, Employer Liability Issues, Employment Contract, Misdemeanors, Non-Compete Agreements

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California Court of Appeal Creates Rift Regarding Trial Courts’ Power to Strike or Limit PAGA Claims for Unmanageability

On March 23, 2022, the Court of Appeal of the State of California, Fourth Appellate District, issued the latest ruling on the hotly contested issue of whether a trial court is empowered to dismiss or limit representative claims…more

Appeals, Class Action, Private Attorneys General Act (PAGA), Representational Standing, Split of Authority

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Businesses Beware: California Trap & Trace Lawsuits Target Common Website Tools

These lawsuits make generalized allegations that business websites use software or tools to collect various types of device and browsing information from website visitors and that businesses then share such information with…more

Analytics, CIPA, Consumer Privacy Rights, Cookies, Cybersecurity

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Illinois Renews Effort to Enact Expansive Restrictive Covenant Legislation

In 2016, Illinois enacted the Illinois Freedom to Work Act (IFWA). In doing so, it became one of the first states to pass legislation in response to the Obama administration’s Call to Action, which asked states to amend their…more

Employment Contract, Non-Compete Agreements, Proposed Legislation, Restrictive Covenants, State Labor Laws

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Nevada Employers - Beware: Fraudulent Unemployment Claims Are on the Rise

An increase in the number of scams involving false unemployment benefits claims are emerging in Nevada and across the country. Third parties are filing claims for unemployment insurance benefits using the names and personal…more

Coronavirus/COVID-19, Relief Measures, Scams, Unemployment Benefits

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California Appellate Decision Raises New Considerations for Arbitration Agreements

A California appellate court recently denied a motion to compel arbitration, finding the agreement unconscionable in part because it (1) applied to all claims rather than just those arising from employment, (2) was unlimited in…more

Appeals, Arbitration, Arbitration Agreements, Contract Terms, Employer Liability Issues

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Illinois Governor Signs Bills Expanding Contractors’ Liability for Unpaid Wages of Subcontractors’ Workers

On June 10, 2022, Illinois Governor JB Pritzker signed House Bill 5412 and its trailer bill, House Bill 4600, into law. Both bills amend the Illinois Wage Payment and Collection Act (WPCA) to make certain primary contractors…more

Construction Contracts, General Contractors, Governor Pritzker, New Legislation, Notice Requirements

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Split Ninth Circuit Decision Clarifies the Limitations of Tip Pooling

In a split 2-1 decision, the Ninth Circuit Court of Appeals ruled in Oregon Restaurant and Lodging Association v. Perez (February 2016) that its 2010 decision in Cumbie v. Woody Woo, Inc. did not prevent the U. S. Department of…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Hospitality Industry, Restaurant Industry, Tip Credit

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State Department Issues Guidance on National Interest Exceptions to Proclamations Suspending Entry of Certain Foreign Nationals

On August 12, 2020, the U.S. Department of State issued guidance on scenarios that may qualify for a “national interest exception” under Presidential Proclamation 10052 of June 22, 2020 (“Proclamation Suspending Entry of Aliens…more

Coronavirus/COVID-19, Foreign Nationals, H-1B, National Interest Waiver, Presidential Proclamations

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September 2024 Visa Bulletin Shows Continuing EB-3 Retrogression, Hope to Come in October

As warned by the U.S. Department of State last month, the September 2024 Visa Bulletin shows major retrogression in EB-3 categories, and no advancement in any listed category…more

Adjustment of Status, EB-3, Immigration Procedures, India, Mexico

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New Whistleblower Intake Program Takes Effect for OSHA-Administered Whistleblower Statutes

On February 17, 2023, the Occupational Safety and Health Administration’s (OSHA) Directorate of Whistleblower Protection Programs’ new whistleblower complaint intake pilot program (Directive 23-01 (CPL 02)) went into effect,…more

Corporate Counsel, Equal Employment Opportunity Commission (EEOC), OSHA, Whistleblower Protection Policies, Whistleblowers

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Governor Newsom Signs Bill Imposing Game-Changing Pay Transparency Requirements

​​​​​​​On September 27, 2022, California Governor Gavin Newsom signed the state’s pay transparency bill into law, imposing several new and unprecedented requirements on California employers. With the signing of Senate Bill (SB)…more

Governor Newsom, Job Ads, New Legislation, Pay Transparency

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Oregon OSHA's Proposed Silica Rules Comment Period Comes to a Close

On September 16, 2016, the period for public comment on Oregon OSHA’s proposed rules for respirable crystalline silica closes, and Oregon OSHA is expected to adopt the proposed rules by September 25, 2016. The proposed rules…more

Construction Industry, OSHA, Proposed Regulation, Public Comment, Silica

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USCIS Extends Waiver of 60-Day Rule for Medical Examination Form I-693

​​​​​​​U.S. Citizenship and Immigration Services (USCIS) has extended the temporary waiver of the requirement that a civil surgeon’s signature on Form I-693, Report of Medical Examination and Vaccination Record, be dated no more…more

Immigration Procedures, Medical Examinations, Required Forms, Time Extensions, USCIS

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The U.S. Virgin Islands Joins the Ban the Box Movement

On November 10, 2018, the U.S. Virgin Islands joined the “ban-the-box” movement by enacting legislation regulating employers’ use of the criminal records of applicants and employees. Currently, 32 states and over 150 localities…more

Background Checks, Ban the Box, Corporate Counsel, Criminal Background Checks, Employer Liability Issues

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Three Options for Non-Canadian Employers Hiring Remote Employees in Canada

With the boom of remote work, companies have increased their candidate base to stretch well beyond the boundaries of cities, states, and even countries—and many employers are looking to tap into Canada’s deep talent pool of…more

Canada, Corporate Counsel, Foreign Entities, Hiring & Firing, Recruitment Policies

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Retirement Plan Participants and Standing: Supreme Court’s New ‘No Harm, No Foul’ Ruling

The Supreme Court of the United States has held many times that the federal courts do not have jurisdiction over a lawsuit unless the plaintiff has standing to sue under the federal Constitution. To have standing, the Court has…more

Article III, Breach of Duty, Defined Benefit Plans, Duty of Loyalty, Duty of Prudence

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Oregon, Colorado Declare Public Health Emergencies Triggering Leave Requirements

Respiratory syncytial virus (RSV) and influenza cases are surging across the United States while COVID-19 continues to spread. Faced with hospital beds filling up and experts warning that this could be one of the most severe…more

Coronavirus/COVID-19, Covered Employer, Executive Orders, Governor Brown, Governor Polis

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New York Second Department Holds No Private Right of Action for Pay Frequency Claims

On January 17, 2024, New York’s Appellate Division Second Department held that “manual workers” under the state labor law do not have a private right of action to pursue alleged violations of the labor law’s weekly pay…more

Employer Liability Issues, Employment Litigation, Late Payments, Liquidated Damages, Private Right of Action

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New Mexico Prohibits Nondisclosure Agreements Related to Sexual Harassment, Discrimination, and Retaliation Claims

On March 4, 2020, New Mexico Governor Michelle Lujan Grisham signed into law House Bill 21, a bipartisan measure that limits the use of nondisclosure agreements (NDAs) in sexual misconduct cases. With the law’s enactment, New…more

#MeToo, Confidentiality Agreements, Employer Liability Issues, Non-Disclosure Agreement, Retaliation

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California Law Directs Cal/OSHA to Draft Standards for Opioid Overdose Reversal Drugs in First Aid Kits

On September 27, 2024, Governor Gavin Newsom signed into law legislation that requires the California Division of Occupational Safety and Health (Cal/OSHA) to submit a draft rulemaking proposal to revise the California Code of…more

Cal-OSHA, Emergency Response, Good Samaritans, Governor Newsom, Health and Safety

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Reminder for Employers - February 14 Deadline for California Employers to Notify Employees Noncompete Agreements Are Void

Under a new law passed in October 2023, California employers must provide all current and certain former California employees with individualized written notices by February 14, 2024, advising them that any noncompete clauses or…more

Contract Terms, Employer Liability Issues, Employment Contract, Non-Compete Agreements, Restrictive Covenants

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California Governor Newsom Calls for Senior and At Risk Californians to Self-Isolate and Directs Business Closures

In an effort to increase social distancing in response to the ongoing COVID-19 pandemic, on March 15, 2020, California Governor Gavin Newsom held a news conference in which he issued an executive order calling for the home…more

Business Interruption, Coronavirus/COVID-19, Emergency Management Plans, Emergency Response, Executive Orders

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Arizona Court Of Appeals Decision Highlights Employer’s Burden Of Proving Disqualification From Unemployment Benefits

The Arizona Court of Appeals recently issued an opinion overturning the Unemployment Insurance Appeals Board’s denial of unemployment benefits to an employee who was terminated for excessive tardiness…more

Burden of Proof, Disqualification, Hiring & Firing, Unemployment Benefits, Willful Misconduct

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Supreme Court Weighs In On FLSA Class Action Issues

On April 16, 2013, the U.S. Supreme Court ruled in Genesis Healthcare Corp. et al. v. Symczyk that a collective action brought by a worker under the Fair Labor Standards Act (FLSA) was properly dismissed because the worker’s…more

Collective Actions, Dismissals, Fair Labor Standards Act (FLSA), FRCP 23, Genesis HealthCare

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CDPH Issues Updated Order and Guidance Regarding COVID-19 and Its Effect on the Workplace

On March 3, 2023, a new California state public health officer order regarding COVID-19 was issued with an effective date of March 13, 2023. The new order includes important information for employers doing business in…more

Coronavirus/COVID-19, Effective Date, Public Health, Safety Precautions, State Health Departments

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Florida PBM Law Limits Mail-Order Prescription Drug Programs, Requires State Filings by Employer Plans

Employers that cover Florida employees under their prescription drug plans are now prohibited from imposing mandatory mail-order requirements and are required to provide a sixty-day continuity of care period following midyear…more

Drug Pricing, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans, Health Plan Sponsors, New Legislation

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Severe Delays at USCIS Create Need for Nimble Approach by Employers

U.S. Citizenship and Immigration Service (USCIS) service centers are experiencing severe delays in processing immigration cases due to an overwhelming backlog. USCIS has not publicly identified the cause of the delays or offered…more

H-1B, Time Extensions, USCIS, Visas

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Federal Court Temporarily Stays DHS Approvals of Parole-in-Place Applications Under ‘Keeping Families Together’ Program

On August 26, 2024, the U.S. District Court for the Eastern District of Texas issued an administrative stay enjoining the U.S. Department of Homeland Security (DHS) from granting parole-in-place requests under the Biden…more

Administrative Procedure, Biden Administration, Department of Homeland Security (DHS), Family Members, Immigration Procedures

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President Trump Issues Revised Executive Order Suspending Admission for Certain Foreign Nationals from Six Designated Countries

On March 6, 2017, President Trump signed a revised Executive Order, Protecting The Nation From Foreign Terrorist Entry Into The United States, that suspends admission to the United States for certain foreign nationals from the…more

Executive Orders, Foreign Nationals, Travel Ban, Trump Administration

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Michigan’s Supreme Court Clarifies Its Mothering Justice Opinion and Sets State’s Minimum Wage Increases and Tip Credit Phaseout

Following the Michigan Supreme Court’s July 31, 2024, ruling that the state legislature’s December 2018 “adopt and amend” action was unconstitutional, and that the state’s minimum wage will increase in 2025, the court has now…more

Earned Sick Time, MI Supreme Court, Minimum Wage, State Labor Departments, State Labor Laws

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Notice Requirements Under the FMLA: Federal Court Reinforces Employees’ Obligations to Follow Established Notification Procedures

On June 17, 2021, the U.S. District Court for the District of Oregon issued an opinion and order in Munger v. Cascade Steel Rolling Mills, Inc., addressing an employee’s claims under the Family and Medical Leave Act (FMLA) and…more

Arbitration, Corporate Counsel, Discipline, Employment Litigation, Employment Policies

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Licensing Deadline for Ontario Recruiters and Temporary Help Agencies Draws Near - and Here Are the Updates

Beginning July 1, 2024, nearly all recruiters and temporary help agencies (THAs) working with businesses or candidates in Ontario will be required to have a licence. All applications must be submitted to the Director of…more

Business Licenses, Letter of Credit, Licensing Rules, Ontario, Staffing Agencies

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California Supreme Court Issues Significant Meal Period Decision

Taking a meal break in California is no simple affair.  Culminating seven years of litigation involving one California employer, on February 25, 2021, the Supreme Court of California issued its unanimous opinion in Donohue v…more

CA Supreme Court, Class Action, Employer Liability Issues, Employment Litigation, Employment Policies

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Washington Supreme Court Approves Trucking Industry Piece-Rate Compensation Practices

Last year, the Washington Supreme Court considered the following certified question: “Does the Washington Minimum Wage Act require non-agricultural employers to pay their piece-rate employees per hour for time spent performing…more

Agricultural Sector, Class Action, Commercial Truck Drivers, Legal History, Minimum Wage

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German Court Orders Company to Pay €2,500 for Using the Phrase ‘Nimble Female Hands’ in Rejection of Male Job Applicant

The vast majority of employers in Germany are aware by now that caution is required when formulating job advertisements in order to avoid being confronted with accusations of discrimination and the associated claims for damages…more

Employer Liability Issues, Employment Discrimination, Employment Litigation, Germany, Job Ads

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Athletes and Employees Speak Out: Do Your Employment Practices Drop the Ball in Addressing Diversity, Controversial Speech, or Tensions at Work?

With the 2017-18 National Football League (NFL) regular season and National Basketball Association (NBA) pre-season underway, many spectators are excited to don their favorite players’ jerseys and cheer on their teams. Yet in…more

Blacklist, Employee Misconduct, Employer Liability Issues, First Amendment, Labor Code

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New York Legalizes Recreational Marijuana: Altered States for Employers

On March 31, 2021, New York Governor Andrew Cuomo signed into law the Marihuana Regulation and Taxation Act (MRTA), which legalizes the adult recreational use of marijuana and revises Section 201-d of the New York Labor Law. The…more

Amended Legislation, Anti-Discrimination Policies, Decriminalization of Marijuana, Governor Cuomo, Marijuana

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November 2024 Visa Bulletin Shows No Advancement for Most Employment-Based Immigrant Visa Categories

The November 2024 Visa Bulletin shows no changes from the October 2024 Visa Bulletin in the Dates for Filing or Final Action Dates in any listed category, with the exception of the fourth preference category for Certain…more

Adjustment of Status, EB-1, EB-2, EB-3, EB-4

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DOL Announces Final Rule on Determining Independent Contractor Status

On January 9, 2024, the U.S. Department of Labor (DOL) announced the issuance of its final rule addressing worker classification under the Fair Labor Standards Act (FLSA). The 2024 rule, which goes into effect on March 11, 2024,…more

Biden Administration, Department of Labor (DOL), Effective Date, Fair Labor Standards Act (FLSA), Final Rules

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Qualified Retirement Plan Considerations in Corporate Transactions

Notwithstanding the current economic uncertainty, corporate transaction activity has remained steady, meaning buyers continue to address issues relating to a target company’s qualified retirement plans, such as a 401(k) plan…more

Complex Corporate Transactions, Employee Benefits, Executive Compensation, Mergers, Qualified Retirement Plans

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Remote Workers in Puerto Rico Could Be Exempted From Puerto Rico’s Employment Laws

On January 26, 2024, Puerto Rico enacted Law 27-2024, which exempts certain remote workers and their employers from complying with Puerto Rico’s employment laws…more

Employer Liability Issues, Fair Labor Standards Act (FLSA), Hiring & Firing, Puerto Rico, Remote Working

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Illinois Legislature Again Amends the Illinois Day and Temporary Labor Services Act

On May 24, 2024, the Illinois General Assembly passed Senate Bill (SB) 3650, which amends the Day and Temporary Labor Services Act (DTLSA). The amendments focus mainly on refining the equal pay and equal benefits provisions of…more

Amended Legislation, Day Laborers, Employee Rights, Equal Pay, Governor Pritzker

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Unpacking the Requirements of British Columbia’s Pay Transparency Act

Under British Columbia’s Pay Transparency Act, as of November 1, 2023, all B.C. employers are required to post wage and salary information on all of their public job postings…more

Canada, Job Ads, Pay Transparency, Posting Requirements, Reporting Requirements

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BALCA Decision Serves as Cautionary Tale on Recruitment Requirement

On December 29, 2016, the Board of Alien Labor Certification Appeals (BALCA) issued its decision in the Matter of Unisoft International, Inc., d/b/a SMA (“the Employer”), sending a signal to employers concerning their burden of…more

BALCA, Department of Labor (DOL), Hiring & Firing, PERM, Recruitment Policies

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Considerations When Employing Workers in a Country Where the Company Currently Has No Employees

There can be a number of circumstances in which a company may want to engage someone in a country where the company currently has no employees. This could be a desire to expand the business into new markets, recruit a talented…more

Employee Benefits, Employer Liability Issues, Employment Policies, Foreign Workers, International Labor Laws

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Licensing Deadline for Ontario Recruiters and Temporary Help Agencies Draws Near - and Here Are the Updates

Beginning July 1, 2024, nearly all recruiters and temporary help agencies (THAs) working with businesses or candidates in Ontario will be required to have a licence. All applications must be submitted to the Director of…more

Business Licenses, Letter of Credit, Licensing Rules, Ontario, Staffing Agencies

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Louisiana Institutes New Restrictions on Noncompete Agreements for Primary Care Physicians

The Louisiana Legislature recently unanimously passed Act No. 273, which limits noncompete agreements for physicians in the state. The act requires all applicable new noncompete agreements to sunset after three years for primary…more

Contract Terms, Employment Contract, Hospitals, New Legislation, Non-Compete Agreements

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New York State Cybersecurity Regulations Take Effect on November 1, 2024

Financial institutions, insurance companies, and other businesses regulated by the New York Department of Financial Services (NYDFS) may need to take additional steps to comply with certain NYDFS cybersecurity regulations…more

Chief Information Security Officer (CISO), Covered Entities, Cybersecurity, Financial Institutions, Financial Services Industry

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DOJ Plans to Reclassify Marijuana From Schedule I to Lower-Risk Schedule III Drug

On April 30, 2024, following a months-long process, the U.S. Department of Justice (DOJ) circulated a proposal to reclassify marijuana from a Schedule I to a Schedule III controlled substance…more

Classification, Controlled Substances, Controlled Substances Act, DEA, Department of Health and Human Services (HHS)

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Puerto Rico Law Authorizes Pay Deductions as Repayment for Employer-Provided Emergency Aid

Puerto Rico is still reeling from the aftermath of Hurricane Maria. Recently, the governor of Puerto Rico signed into law Act No. 115 of June 20, 2018, to promote recovery efforts and provide much-needed aid to affected…more

Disaster Aid, FEMA, Governor Rossello, Hurricane Maria, Natural Disasters

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USCIS Announces H-1B Cap Lottery Results for Fiscal Year 2025

On March 27, 2024, U.S. Citizenship and Immigration Services (USCIS) began to release the fiscal year (FY) 2025 H-1B cap lottery results following an announcement that it had received enough registrations during the initial…more

H-1B, Highly-Skilled Workers Visa, Immigration Procedures, Lottery, USCIS

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Eleventh Circuit Serves a Whopper of a Ruling on Franchisor’s ‘No-Poach’/‘No-Hire’ Agreement With Franchisees

​​​​​​​Over the last several years, business-to-business “no-hire” and “no-poach” agreements have come under legal attack, including through enforcement actions by the Federal Trade Commission and criminal prosecutions by the…more

Burger King, Contract Terms, Corporate Counsel, Dismissals, Employer Liability Issues

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Employees Now Have Greater Rights to Work Overtime in Wisconsin

According to a Wisconsin state law, employers are required to provide a consecutive 24-hour rest period every 7 days for employees in factory and mercantile workplaces. As a result of the budget bill recently signed by Governor…more

Manufacturers, New Legislation, Prevailing Wages, Rest and Meal Break, Retailers

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The Employment Law Authority - July/August 2017

THE TIME IS RIGHT FOR . . . OSHA’S YEARLY SUMMER HEAT CAMPAIGN - On June 26, 2017, the Occupational Safety and Health Administration (OSHA) announced the return of its heat illness prevention campaign: Water. Rest. Shade. As…more

Administrative Interpretation, Ban the Box, Criminal Background Checks, Defend Trade Secrets Act (DTSA), Department of Labor (DOL)

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USCIS New Policy Shuts Down STEM OPT Training at Third Party Sites

The extension of the Optional Practical Training (OPT) program for international students with degrees in science, technology, engineering, and mathematics (STEM) allows eligible students to apply to extend their post-completion…more

Amended Rules, Department of Homeland Security (DHS), E-Verify, Foreign Students, OPT

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Texas Employees Have a Right to Vote on Election Day (and to Be Protected From Retaliation)

Election Day - Tuesday, November 3, 2020 - is quickly approaching, and employees might ask for time off to vote. Employers that simply say “no” to their employees might be violating Texas law…more

Anti-Retaliation Provisions, General Elections, Presidential Elections, Right to Vote, Voting Rights

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USCIS Issues Guidance on TN Nonimmigrant Status for Economists

On November 20, 2017, United States Citizenship and Immigration Services (USCIS) issued a policy memorandum clarifying that the TN definition of “economists.” Background - On December 17, 1992, the presidents of the…more

Department of Labor (DOL), NAFTA, New Guidance, Non-Immigrant Visas, Popular

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How to Avoid Halloween Horror Stories in the Workplace

This is the season of pumpkin spice, crisp air, falling leaves, and costume parties. But as much as we love autumn, it brings its own set of workplace complexities - especially when celebrating Halloween…more

Best Management Practices, Employer Liability Issues, Holiday Parties, Holidays

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DEI Under Scrutiny, Part XII: Scope of Pending Legal Challenge to Nasdaq’s Diversity Rule Narrows

On July 25, 2024, the U.S. Securities and Exchange Commission (SEC) notified the U.S. Court of Appeals for the Fifth Circuit that at least part of the basis for the currently pending legal attack on the Nasdaq’s proposed…more

Administrative Procedure Act, Board of Directors, Constitutional Challenges, Corporate Governance, Diversity

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Newly-Appointed NLRB General Counsel Moves to Roll Back Agency Overreach and Activism

The National Labor Relations Board’s (NLRB) new general counsel wasted no time in issuing comprehensive guidelines to the agency unequivocally indicating that the era of unbridled activism and overreach by the Board will likely…more

Employee Handbooks, NLRB, NLRB General Counsel, Policy Memorandums, Regulatory Standards

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A New Sheriff Takes Over at DOL’s Office of Labor-Management Standards

A little-known but crucial position at the U.S. Department of Labor (DOL)—the director of the Office of Labor-Management Standards (OLMS)—was finally filled on July 9, 2018, by Arthur F. Rosenfeld, an experienced former member…more

Administrative Appointments, Department of Labor (DOL), NLRA

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Federal District Court Grants Preliminary Injunction Against FTC Rule Banning Non-Competes

On July 3, 2024, the U.S. District Court for the Northern District of Texas granted a preliminary injunction staying enforcement of the Federal Trade Commission’s (FTC) final rule prohibiting noncompetition employment…more

Employment Contract, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements, Regulatory Authority

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It’s June 2023 - Have You Provided Your Chicago Mandatory Annual Harassment Prevention and Bystander Intervention Training?

As we reported last May, the City of Chicago amended its Human Rights Ordinance, on July 1, 2022, to require all employers with employees in Chicago to provide annual training as follows: ..One hour of sexual harassment…more

Anti-Harassment Policies, Bystander, Compliance Dates, Employee Training, Human Rights Act

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Pennsylvania to Update Overtime Salary Threshold and Duties Tests

On January 17, 2018, Pennsylvania Governor Tom Wolf announced an initiative to “modernize” Pennsylvania’s overtime rules. Governor Wolf has directed the Pennsylvania Department of Labor and Industry to develop a plan to…more

Exempt-Employees, Governor Wolf, Minimum Salary, Over-Time, Wage and Hour

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New Louisiana Laws Will Impact Employers

In recent months, the Louisiana Legislature has passed several bills that have been signed into law, which will affect Louisiana employers. These new laws are effective August 1. In addition, the governor signed an executive…more

Employee Tracking, Employer Mandates, Federal Contractors, Governor Edwards, Hiring & Firing

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New IRS Qualified Plan Corrections Guidance

The Internal Revenue Service (IRS) issued two rounds of guidance modifying the Employee Plans Compliance Resolution System (EPCRS). The IRS guidance gives employers greater flexibility in correcting relatively common operational…more

Benefit Plan Sponsors, EPCRS, IRS, New Guidance, Revenue Procedure 2015-27

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Wisconsin Extends Safer at Home Order to May 26, 2020

On April 16, 2020, Wisconsin Department of Health Services Secretary Andrea Palm issued an updated Safer at Home Order (Emergency Order #28), which extends and makes certain adjustments to the agency’s original order that took…more

Coronavirus/COVID-19, Operators of Essential Services, Public Health Emergency, Shelter-In-Place, State Health Departments

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Businesses Beware: California Trap & Trace Lawsuits Target Common Website Tools

These lawsuits make generalized allegations that business websites use software or tools to collect various types of device and browsing information from website visitors and that businesses then share such information with…more

Analytics, CIPA, Consumer Privacy Rights, Cookies, Cybersecurity

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Potential H-1B Cap-Exempt Options for Healthcare Employers

As the fiscal year (FY) 2025 H-1B cap season quickly approaches, it is worth remembering that certain employers of healthcare professionals, such as healthcare systems and hospitals, may be eligible for H-1B cap-exemption. U.S…more

Exemptions, Foreign Nationals, Foreign Workers, H-1B, Health Care Providers

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Connecticut Legislature Makes Changes to Connecticut Paid Sick Leave Law

In its most recent legislative session, the Connecticut General Assembly passed a bill that enacted a number of changes to the law commonly referred to as the Connecticut Paid Sick Leave Law, which originally went into effect on…more

Employee Rights, Paid Leave, Sick Leave

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Michigan Provides Enforcement Guidance on State’s “Stay Home, Stay Safe” Executive Order

Governor Gretchen Whitmer’s Executive Order 2020-21 - the “Stay Home, Stay Safe” order - and various county emergency orders issued in the wake of the COVID-19 pandemic have raised numerous questions regarding their…more

Business Closures, Coronavirus/COVID-19, Emergency Management Plans, Enforcement Guidance, Executive Orders

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Retention Bonus Found Not to Constitute ‘Wages’ Under the Massachusetts Wage Act

On September 6, 2024, the Appellate Division of the Massachusetts District Court held in Nunez v. Syncsort Incorporated that a retention bonus that the defendant-employer allegedly owed to the plaintiff, its former employee, did…more

Bonuses, Employee Retention, Employment Litigation, Former Employee, State Labor Laws

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Vermont to Launch Voluntary Paid Family and Medical Leave Program

On December 6, 2022, Vermont Governor Phil Scott announced that the state will launch a voluntary paid family and medical leave program that will provide workers in the state with such leave insurance by 2025. With the move,…more

Employee Benefits, Governor Scott, Paid Leave, Sick Leave, Voluntary Participation

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State Department Announces FY 2024 Visa Limits Have Been Reached for EB-1, EB-2, EB-3, EW, EB-4, and EB-5 Unreserved Categories

The U.S. Department of State has announced that annual visa limits for fiscal year (FY) 2024 have been reached for the following employment-based categories: EB-1, EB-2, EB-3, EW (other workers), EB-4, and EB-5 unreserved…more

EB-1, EB-2, EB-3, EB-4, EB-5

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L-2 EAD Renewals: Clarity For L-2 EADs After USCIS Settlement Agreement

On November 10, 2021, U.S. Citizenship and Immigration Services (USCIS) reached a settlement in the class action Shergill v. Mayorkas. As part of the settlement, USCIS agreed to update its policy relating to H-4 and L-2 spousal…more

Class Action, Customs and Border Protection, Employment Authorization Documents (EAD), Foreign Nationals, H-4 Spouses

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Not Selected for an H-1B? Alternate Work Authorization Options in the United States

The statutory limit of H-1Bs available per fiscal year is 65,000 for those who have a bachelor’s degree or equivalent, with 6,800 reserved for citizens of Chile and Singapore. An additional 20,000 are reserved for those who have…more

E-3, Employment Authorization Documents (EAD), F-1 Visa, Foreign Workers, H-1B

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Contract Negotiations in the Midst of the COVID-19 Pandemic: What if Your Union Contract Expires on March 31, 2020?

As employers everywhere grapple with the COVID-19 crisis and its impact upon their employees and operations, questions have arisen regarding union contracts that expire on or about March 31, 2020. Although every labor contract…more

Collective Bargaining Agreements (CBA), Contract Negotiations, Contract Termination, Contract Terms, Coronavirus/COVID-19

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Risky Business: Addressing the Legal Risks of Workplace Romance

Valentine’s Day is an appropriate time to think about how to deal effectively with workplace romance. Real-life workplaces rarely reflect movie scenarios…more

Best Practices, Employee Handbooks, Employer Liability Issues, Employment Policies, Human Resources Professionals

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FDA’s Full Stamp of Vaccine Approval Delivers Progress, but Issues With Vaccine Passports and Policies Are Looming

On August 23, 2021, the U.S. Food and Drug Administration (FDA) granted full approval to Pfizer’s COVID-19 vaccine. Moderna’s expedited application for full approval is still pending, and Johnson & Johnson plans to submit its…more

Coronavirus/COVID-19, Department of Justice (DOJ), Employment Policies, Equal Employment Opportunity Commission (EEOC), FDA Approval

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The New Texas Law on Vaccination Mandates: What Changes Do Employers Need to Make Now?

Effective February 6, 2024, a new Texas law prohibits private employers from adopting or enforcing a mandate requiring an employee, contractor, or applicant to be vaccinated against COVID-19 as a condition of employment…more

Employer Liability Issues, Employer Mandates, Employment Policies, Texas, Vaccinations

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USCIS Issues New Form I-131, Effective Immediately, With No Grace Period for the Old Edition

U.S. Citizenship and Immigration Services (USCIS) will publish a new edition of Form I-131, Application for Travel Document, on October 11, 2024, and will not accept the previous version of the form postmarked on or after that…more

Effective Date, Immigration Procedures, Required Forms, Updated Forms, USCIS

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Global Solutions Episode 5: Virtual Workplaces Worldwide - Working from Home Across the Globe

The effects of the COVID-19 pandemic, which encouraged employers and employees to adapt to new models rapidly, will likely reverberate in U.S. and global workplaces for years - with a move away from traditional brick-and-mortar…more

Coronavirus/COVID-19, Employer Responsibilities, EU, Member State, Remote Working

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Biden Administration Issues Restrictions on Travel From India

On April 30, 2021, the Biden administration issued a proclamation that implements restrictions for travelers from India, due to concerns regarding COVID-19. Pursuant to the proclamation, noncitizens who have been physically…more

Biden Administration, Coronavirus/COVID-19, India, International Travel, Presidential Proclamations

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NLRB Will No Longer Approve Consent Orders

A recent National Labor Relations Board (NLRB) decision has ended the practice of administrative law judge (ALJ) approval of consent orders to resolve unfair labor practice (ULP) charges. This is yet another development from the…more

Administrative Law Judge (ALJ), Consent Order, Corporate Counsel, NLRA, NLRB

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Domestic Violence and its Potential Consequences in the Workplace: How to Protect Your Workers

Daily reports of incidents of domestic violence are an unfortunate reality across our nation. Recent events in San Bernardino, California, and Cookeville, Tennessee, remind us that domestic violence issues sometimes spill over…more

Best Management Practices, Domestic Violence, Workplace Safety

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OSHA’s Proposed Emergency Response Standard: A Closer Look and an Analysis for Covered Employers

The Occupational Safety and Health Administration’s (OSHA) proposed Emergency Response Standard is expected to have a significant impact on emergency service organizations (ESOs) and workplace emergency response employers…more

Comment Period, Firemen, First Responders, OSHA, Proposed Rules

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DEI Under Scrutiny, Part IX: Alabama Bans Diversity, Equity, and Inclusion Programs and Departments for Public Institutions

Alabama has joined the growing list of states passing laws banning diversity, equity, and inclusion (DEI) initiatives in public institutions. On March 20, 2024, Governor Kay Ivey signed into law Senate Bill (SB) No. 129, a…more

Diversity, Diversity and Inclusion Standards (D&I), Educational Institutions, Governor Ivey, New Legislation

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Eleventh Circuit Court of Appeals Creates New Standard for Standing in Title III Cases Against Gas Stations

For years, Scott Dinin was one of South Florida’s most prolific filers of Title III of the Americans with Disabilities Act (ADA) cases. His run ended two years ago, when, after obtaining default judgments against two gas…more

Americans with Disabilities Act (ADA), Attorney's Fees, Corporate Counsel, Disability Discrimination, Disgorgement

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Human Resources’ Role in Data Privacy and Cybersecurity, Part IV: Communicating Effectively With Employees After a Data Breach

In today’s data-driven environment, effective communication during a cybersecurity breach is crucial for maintaining employee trust and confidence. This fourth article in our five-part series on employee data privacy focuses on…more

Best Practices, Cybersecurity, Data Breach, Data Privacy, Employer Liability Issues

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Compass: Insights And Direction For Employers - July 2019

This month marks the 55th anniversary of the Civil Rights Act of 1964. This monumental legislation, which was signed into law by President Lyndon B. Johnson on July 2, 1964, changed the course of history with its sweeping ban on…more

Department of Labor (DOL), EEO-1, Equal Employment Opportunity Commission (EEOC), Equal Pay, Labor Regulations

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DHS Issues Interim Final Rule Defining Key Practices for Adjudicating H-1B Third-Party Placement Petitions

On October 8, 2020, the U.S. Department of Homeland Security (DHS) published its interim final rule, “Strengthening the H-1B Nonimmigrant Visa Classification Program,” which will become effective December 7, 2020. This rule…more

Administrative Procedure Act, Department of Homeland Security (DHS), H-1B, Immigration Procedures, Interim Final Rules (IFR)

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Ontario Introduces Bill to Promote Work-Life Balance and Bar Employers From Using Standalone Non-Compete Agreements

On October 25, 2021, the Government of Ontario introduced Bill 27, the Working for Workers Act, 2021. According to Ontario’s Ministry of Labour, Training and Skills Development, Bill 27 would encourage employee work-life balance…more

Corporate Counsel, Employment Policies, Employment Standards Act, Flexible Work Arrangements, Licensing Rules

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Evanston, Illinois, Extends Schedule Protection Rights to Hourly Workers

The city of Evanston, Illinois, recently enacted the Fair Workweek Ordinance (24-O-23), expanding hourly workers’ rights to predictable scheduling across multiple industries, including hospitality, food service and restaurants,…more

Covered Employees, Employee Rights, Fair Workweek, Hospitality Industry, Janitorial Services

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Q&A: Georgia’s New Paid Sick Leave Law

On May 8, 2017, Georgia Governor Nathan Deal signed into law the Family Care Act, a new statute requiring certain employers to allow their employees to use up to five days of their available paid sick leave to care for immediate…more

Employer Mandates, Employment Policies, Family and Medical Leave Act (FMLA), Governor Deal, New Regulations

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Puerto Rico Law Authorizes Pay Deductions as Repayment for Employer-Provided Emergency Aid

Puerto Rico is still reeling from the aftermath of Hurricane Maria. Recently, the governor of Puerto Rico signed into law Act No. 115 of June 20, 2018, to promote recovery efforts and provide much-needed aid to affected…more

Disaster Aid, FEMA, Governor Rossello, Hurricane Maria, Natural Disasters

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December 31 Section 409A Correction Deadline for Severance Pay Approaching

The Internal Revenue Service(IRS) has given employers until December 31, 2012 to correct a problem frequently found in severance agreements and other similar arrangements. If the problem is not addressed by that date, then it…more

Deferred Compensation, IRS, Section 409A, Severance Agreements, Severance Pay

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Governor Hochul Proposes New York Labor Law Amendment to End Pay Frequency Claims

Governor Kathy Hochul’s newly unveiled fiscal year 2025 executive budget proposal includes an amendment to Section 198 of the New York Labor Law (NYLL) that could put an end to pay frequency claims…more

Private Right of Action, Proposed Amendments, State Labor Laws, Statutory Violations, Wages

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Mexico’s Minimum Wage for 2024 Will Increase by 20 Percent

Effective January 1, 2024, the daily minimum wage applicable will be MXN $374.89 (approximately USD $21.83) for the Free Zone of the Northern Border (Zona Libre de la Frontera Norte, ZLFN) and MXN $248.93 (approximately USD…more

Employer Liability Issues, International Labor Laws, Mexico, Minimum Wage, Wage and Hour

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Rhode Island Legislative Update 2024: New Laws on Leave Entitlements, Minimum Wage Exemptions, and Arbitration Agreements

The Rhode Island General Assembly was active during the 2024 legislative session, passing several bills that impact employers and their business practices. Here is a summary of the new laws Rhode Island employers may need to…more

Arbitration, Domestic Workers, Federal Arbitration Act, Independent Contractors, Minimum Wage

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Florida Appellate Court Shuts Down Financial Discovery on Employers: The Buck Stops Here

On October 14, 2020, the Florida Fourth District Court of Appeal granted a petition for a writ of certiorari quashing a trial court’s discovery order that had compelled an employer to produce “financial worth” discovery in an…more

Appeals, Discovery, Employment Discrimination, Employment Litigation, Petition for Writ of Certiorari

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Green Card Applications: USCIS Removes the 60-Day Rule for Medical Examinations

On March 31, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that it had removed the requirement that a civil surgeon’s signature on Form I-693, Report of Immigration Medical Examination and Vaccination Record,…more

Adjustment of Status, Filing Deadlines, Foreign Nationals, Green Cards, I-485 Applications

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Illinois’ New COVID-19 Shelter-in-Place Order: Top 10 Changes Employers Need to Know

On April 30, 2020, Illinois Governor J.B. Pritzker issued Executive Order 2020-32, Executive Order in Response to COVID-19. The new order modifies the previous shelter in place order and is effective May 1 to May 30, 2020…more

Coronavirus/COVID-19, Employer Responsibilities, Executive Orders, Governor Pritzker, Operators of Essential Services

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Business Immigration Could Be Impacted if Congress Fails to Fund Government Through FY 2024

On September 30, 2023, President Joe Biden signed into law stopgap funding legislation that temporarily averted a government shutdown. The legislation, which passed the U.S. Congress with bipartisan support and extended funding…more

Appropriation, Continuing Resolution, Department of Labor (DOL), E-3, Federal Budget

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Compensation Policies Under Scrutiny: Federal Court Conditionally Certifies Class of Female Faculty Physicians in EPA Case

On September 28, 2017, the U.S. District Court for the Central District of Illinois granted conditional collective action certification in Ahad v. Board of Trustees of Southern Illinois University, a case under the Equal Pay Act…more

Class Certification, Employer Liability Issues, Equal Pay Act, Fair Labor Standards Act (FLSA), Physicians

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USCIS Updates O-1 Guidance With Focus on STEM-Related Government Grants

U.S. Citizenship and Immigration Services (USCIS) recently updated its policy guidance related to O-1A nonimmigrants of extraordinary ability in the science, technology, engineering, and mathematics (STEM) fields. Notably, the…more

Federal Grants, Guidance Update, Immigration and Nationality Act, STEM, USCIS

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The New Jersey Mini-WARN Act Amendments - One Year Later

One year has passed since sweeping amendments to the New Jersey mini-WARN Act (officially known as the “Millville Dallas Airmotive Plant Job Loss Notification Act”) (NJ WARN) took effect on April 10, 2023. Mass layoff data…more

Employer Liability Issues, Hiring & Firing, Labor Reform, Layoff Notices, Layoffs

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EEO-1 Filing Platform Will Open on April 30, 2024

The 2023 EEO-1 filing platform will open on April 30, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) announced on February 26, 2024. The deadline for all filings will be June 4, 2024, the EEOC stated in its…more

Data Collection, Digital Platforms, EEO, EEO-1, Equal Employment Opportunity Commission (EEOC)

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Chicago Paid Leave and Paid Sick Leave Ordinance Delayed to July 2024

The Chicago City Council voted on December 13, 2023, to amend the effective date of the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance from December 31, 2023, to July 1, 2024…more

City of Chicago, Employer Liability Issues, Local Ordinance, Paid Leave, Sick Leave

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Compass: Insights And Direction For Employers - January 2019

Did you know that the 2018 midterm elections set a record as the first midterm to exceed voter turnout of 100 million people? In this issue, we will talk about the impact of the 2018 midterms for employers as well as topics such…more

Artificial Intelligence, Change in Control, Corporate Management, Decriminalization of Marijuana, Drug Testing

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H-1B Cap Quickly Approaching for FY 2023

While H-1B cap efforts remain underway for fiscal year (FY) 2022, employers may want to push forward now with preparations for FY 2023 H-1B cap season. (According to U.S. Citizenship and Immigration Services (USCIS), the…more

Electronic Filing, Filing Deadlines, H-1B, Highly-Skilled Workers Visa, Immigration Procedures

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NLRB Judge Finds Nonsolicitation, Noncompete Provisions in Employment Agreement Chilled Protected Activity

On June 13, 2024, an administrative law judge (ALJ) for the National Labor Relations Board (NLRB) ruled that overly broad noncompete and nonsolicitation provisions in an employment agreement violated an employee’s labor rights…more

Administrative Law Judge (ALJ), Employment Contract, NLRA, NLRB, Non-Compete Agreements

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Virginia Issues Permanent COVID-19 Standard

In July 2020, the Safety and Health Codes Board of the Virginia Department of Labor and Industry approved an emergency temporary standard for COVID-19. In so doing, Virginia became the first state to issue such a temporary…more

Coronavirus/COVID-19, Emergency Rule, Health & Safety Standard, Health and Safety, Infectious Diseases

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New Jersey Expands State Family Leave Act and Family Leave Insurance Act to Provide Coverage for COVID-19 Leave

In response to the ongoing coronavirus pandemic, on April 14, 2020, New Jersey Governor Phil Murphy signed into law Senate Bill 2374 (S2374), which amends the New Jersey Family Leave Act (NJFLA) and the New Jersey Family Leave…more

Coronavirus/COVID-19, Governor Murphy, New Legislation, Unpaid Leave

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Ninth Circuit Upholds Federal Preemption of California’s Meal and Rest Break Laws for Interstate Commercial Drivers

In one of the year’s most anticipated court decisions for the trucking industry, International Brotherhood of Teamsters, Local 2785, et al. v. Federal Motor Carrier Safety Administration, No. 19-70413 (January 15, 2021), the…more

Appeals, Commercial Truck Drivers, FMCSA, Motor Carriers, Preemption

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Q&A: Georgia’s New Paid Sick Leave Law

On May 8, 2017, Georgia Governor Nathan Deal signed into law the Family Care Act, a new statute requiring certain employers to allow their employees to use up to five days of their available paid sick leave to care for immediate…more

Employer Mandates, Employment Policies, Family and Medical Leave Act (FMLA), Governor Deal, New Regulations

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Atlanta Mayor Issues Indoor Mask Mandate Due to CDC Guidance and Increase in COVID-19 Cases

On July 28, 2021, Atlanta Mayor Keisha Lance Bottoms issued an indoor mask mandate via executive order that requires “all persons in an entity or a public place [to] wear a facial covering or mask over the mouth and nose at all…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Infectious Diseases, Masks, Municipalities

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New Louisiana Laws on Tort Actions, Meal Breaks, Arbitration Agreements, and Nondisclosure Agreements Take Effect in July and August 2024

Four new and notable laws affecting Louisiana employers are taking effect in summer 2024, including an expanded statute of limitations for employment torts, meal breaks for minors, a ban on predispute arbitration agreements for…more

Arbitration, Biden Administration, Employer Liability Issues, Federal Labor Laws, Hostile Environment

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MSHA Jurisdiction May Extend Beyond Mine Property - But How Far?

Clearly, 2–1 decisions can cut both ways. Mining industry observers will remember that in April 2022, the Federal Mine Safety and Health Review Commission (FMSHRC), in Secretary of Labor v. KC Transport, Inc.—a 2–1…more

Department of Labor (DOL), Heavy Equipment, Jurisdiction, Mine Act, Mine Safety and Health Administration (MSHA)

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Workplace Investigations in 2022: Ringing in the New Year on the Right Foot

According to a poll conducted during an Ogletree Deakins webinar in 2021, 70 percent of approximately 1,200 attendees had experienced an increase in internal workplace complaints. In addition, a recently published outlook for…more

Complaint Procedures, Corporate Culture, Employee Training, Employer Liability Issues, Employment Policies

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Fifth Circuit Finds Specific Allegation of One-Time Use of Racial Slur Sufficient to Preclude Dismissal Under Rule 12(b)(6)

On March 24, 2022, the U.S. Court of Appeals for the Fifth Circuit reversed a district court’s Federal Rule of Civil Procedure 12(b)(6) dismissal for failure to state a claim on a pro se plaintiff’s hostile work environment…more

Civil Rights Act, Dismissals, Employer Liability Issues, Employment Litigation, Failure To State A Claim

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Election Essentials: An Employer’s Guide to Employee Time Off to Vote in Minnesota, Iowa, South Dakota, and North Dakota

With Election Day approaching, here is a timely reminder for employers in Minnesota, Iowa, South Dakota, and North Dakota regarding their obligations under these states’ laws to excuse employees from work to go to the polls…more

Employee Rights, Presidential Elections, State Labor Laws, Voting Leave, Voting Rights

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Four Key (and Surprising) Points for Navigating FMLA Leave

Complying with the various legal and practical requirements of the Family and Medical Leave Act (FMLA) and its regulations is an ongoing challenge for employers, particularly when it comes to questions about when an employee…more

Family and Medical Leave Act (FMLA), Maternity Leave, Medical Leave, Paid Family Leave Law, Paid Leave

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DOL Publishes New Fact Sheet Regarding Overtime Regulations for Higher Education Employees

On April 12, 2018, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) issued a new fact sheet concerning “the applicability of [the white collar] exemptions [of the Fair Labor Standards Act] to jobs that are…more

Colleges, Department of Labor (DOL), Educational Institutions, Exempt-Employees, Fair Labor Standards Act (FLSA)

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Indiana Senate Approves Ban on Doctor Noncompete Agreements

On February 7, 2023, the Indiana Senate passed a bill to outright ban noncompete agreements between doctors and their healthcare provider employers, though with an amendment to remove restrictions on referral incentives. Senate…more

Compliance Dates, Health Care Providers, Healthcare Facilities, Hospitals, Non-Compete Agreements

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Eighth Circuit Casts Doubt on Cross-Plan Offsetting for ERISA Health Plans

Employers may soon find themselves reviewing and revising health plan master documents and summary plan descriptions (SPDs) and administrative service agreements with respect to an obscure claims administration practice known as…more

Benefit Plan Sponsors, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans

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New 2015-2016 Employment Laws for Oregon Businesses

The 2015 Oregon legislature has adjourned, but not before handing Oregon businesses a number of significant new employment laws. Below is a brief summary of the new legislation, all of which Governor Kate Brown has signed, that…more

Ban the Box, Best Management Practices, Employment Policies, Hiring & Firing, Kate Brown

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August 2024 Visa Bulletin Shows Minor Forward Movement in EB-2 and EB-3 India Final Action Dates

The U.S. Department of State’s August 2024 Visa Bulletin shows advancement of one month under the EB-2 and EB-3 final action dates for India, but other employment-based categories will stay the same for the remaining countries…more

EB-2, EB-3, Immigration Procedures, India, US Department of State

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New York Expands Restrictions on Nondisclosure Agreements Related to Discrimination, Harassment, and Retaliation Claims

New York State recently enacted laws to further restrict the use of nondisclosure agreements in connection with resolution of employment discrimination, harassment, and retaliation claims and extend the statute of limitations to…more

#MeToo, Anti-Harassment Policies, Anti-Retaliation Provisions, Employer Liability Issues, Employment Policies

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5 City Ordinances Every Employer With Employees in Philadelphia Should Know

The City of Philadelphia maintains several employment-specific ordinances that enhance preexisting state and federal employee protections or create new employment rights. Some of these apply even if the employer has only one…more

Ban the Box, Criminal Background Checks, Drug Testing, Fair Workweek, Healthy Families Act

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Fido Can’t Help Ring in the New Year (Unless He’s a True Service Animal)

Individuals wishing to begin the new year by taking a beloved pet or emotional support animal out to a restaurant may run into new legal deterrents in some states. While the Americans with Disabilities Act (ADA) entitles people…more

Americans with Disabilities Act (ADA), Misrepresentation, New Regulations, Service Animals

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DOL’s Child Labor Enforcement Expected to Be Hotter Than Ever This Summer

In fiscal year (FY) 2023, more than half of all U.S. Department of Labor (DOL) child labor investigations resulted in a violation. Of the 955 child labor investigations with violations—a 14 percent increase over the prior…more

Audits, Child Labor, Civil Monetary Penalty, Compliance, Department of Labor (DOL)

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Georgia Appellate Court Says Employee Nonsolicitation Covenant Not Enforceable Without Express Geographic Limitation

In a recent decision, a Georgia appellate panel held that an employee nonsolicitation covenant that limits what parties can do following the end of a business relationship must have an explicit geographic limitation to be…more

Contract Terms, Employment Contract, Employment Litigation, Enforceability, Former Employee

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Worried About OSHA Silica Compliance? Not if You’re in One of These Five States

With the Occupational Safety and Health Administration’s (OSHA) silica standard already in effect for the construction industry and about to go into effect in June of 2018 for general industry, many employers are anxious about…more

Construction Industry, Employer Liability Issues, Health and Safety, New Rules, Occupational Exposure

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When Is ‘No Fee’ a Reasonable Fee? 11th Circuit’s Guidance on Reasonableness in FLSA Attorneys’ Fees Cases

On February 1, 2021, in an unpublished opinion resolving a Fair Labor Standards Act (FLSA) attorney’s fees dispute, the Eleventh Circuit Court of Appeals, in Batista v. South Florida Womans Health Associates, Inc., struck…more

Appeals, Attorney's Fees, Employment Litigation, Fair Labor Standards Act (FLSA), Liquidated Damages

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U.S. Consular Operations in France Impacted by the 2024 Summer Olympics, 80th Anniversary of D-Day

Due to increased travel to France for the eightieth anniversary of D-Day and the 2024 Summer Olympic Games, the U.S. Department of State expects significant delays in visa processing in France in 2024. Individuals seeking to…more

Foreign Governments, France, Immigration Procedures, Non-Immigrant Visas, Olympics

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April 2024 Visa Bulletin Shows Advancement, but State Department Predicts Little to No Further Movement in Coming Months

U.S. Citizenship and Immigration Services (USCIS) has confirmed it will accept employment-based adjustment of status applications based on the Final Action Dates chart for the April 2024 Visa Bulletin…more

Adjustment of Status, EB-1, EB-2, EB-3, Immigration Procedures

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State Department Expands Consular Officer Authority to Waive Interview Requirements for Some Nonimmigrant Visa Applicants

The U.S. Department of State recently announced that effective January 1, 2024, consular officers have expanded discretionary authority to waive the in-person interview requirement for certain nonimmigrant visa applicants…more

Consulate, H-2B, Immigration Procedures, Interviews, Non-Immigrant Visas

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Remote Work for School Principal Is Not Reasonable ADA Accommodation If Physical Presence Is Essential, Federal Court Rules

The U.S. District Court for the Eastern District of Virginia recently rejected a school principal’s argument that remote work was a reasonable accommodation for her asthma and restrictive lung disease that she claimed were…more

Americans with Disabilities Act (ADA), Employment Litigation, Essential Functions, Reasonable Accommodation, Remote Working

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The Value Proposition

This article is reprinted with permission from the third edition of U.S. News – Best Lawyers “Best Law Firms.” Kim Ebert, the managing shareholder of Ogletree Deakins, was asked to contribute an article to the third edition of…more

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State Department Announces FY 2024 Visa Limits Have Been Reached for EB-1, EB-2, EB-3, EW, EB-4, and EB-5 Unreserved Categories

The U.S. Department of State has announced that annual visa limits for fiscal year (FY) 2024 have been reached for the following employment-based categories: EB-1, EB-2, EB-3, EW (other workers), EB-4, and EB-5 unreserved…more

EB-1, EB-2, EB-3, EB-4, EB-5

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Yule Time Tips, Part III: Holiday Gifts Under Increasing Scrutiny

During the holidays, many of us like to show our appreciation to clients by sending gifts or entertaining them with special dinners or other fun and festive celebrations of the season. But be careful. Corporate gift policies…more

Corporate Gifts, Holiday Gifts, Holidays

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The NLRB’s Latest Mail-Ballot Election Decision Provides Some Light at the End of the Tunnel

​​​​​​​It has been almost two years since the National Labor Relations Board (NLRB) issued its decision in Aspirus Keweenaw in 2020, setting forth the standards that Regional Directors use to determine the efficacy of…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Mail-In Ballots, NLRA, NLRB

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Bankruptcy and Benefits Beyond a Crisis: How Chapters 11 and 7 Affect Retirement and Welfare Plans

Businesses large and small have been affected by the coronavirus crisis. It seems that no industry has been spared economic hardship. As many states prepare to reopen their economies, there are some businesses that will not be…more

Bankruptcy Code, Chapter 11, Chapter 7, Commercial Bankruptcy, Coronavirus/COVID-19

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Virginia’s Recreational Marijuana Legislation and New Employee Medicinal Use Protections

On April 21, 2021, Virginia Governor Ralph Northam signed into law House Bill No. 2312 and Senate Bill No. 1406, moving the date of recreational marijuana legalization in Virginia up to July 1, 2021. The legalization movement,…more

Anti-Discrimination Policies, Employee Rights, Employer Liability Issues, Governor Northam, Hiring & Firing

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New FAR Council Proposed Rule Would Require Salary Disclosures and Ban Compensation History Inquiries

On January 30, 2024, the Federal Acquisition Regulatory Council (FAR Council) issued a Proposed Rule, “Pay Equity and Transparency in Federal Contracting.”…more

Comment Period, Federal Acquisition Regulations (FAR), Federal Contractors, Job Ads, Notice Requirements

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Compass: Insights And Direction For Employers - July 2019

This month marks the 55th anniversary of the Civil Rights Act of 1964. This monumental legislation, which was signed into law by President Lyndon B. Johnson on July 2, 1964, changed the course of history with its sweeping ban on…more

Department of Labor (DOL), EEO-1, Equal Employment Opportunity Commission (EEOC), Equal Pay, Labor Regulations

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The Employment Law Authority - January/February 2015

In This Issue: - High Tech, High Risk: Protecting Health Plan Data: Recent Cyber Attack Reminds Employers to Take Swift Action - EEOC FY 2014 Statistics Are Here: What Do They Mean for Employers? - State…more

Anthem Blue Cross, Cybersecurity, Employment Policies, Enforcement Statistics, Equal Employment Opportunity Commission (EEOC)

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UK Government Launches Single Reporting Portal for Modern Slavery Act Obligations

Following the Home Office’s 2020 response to the 2019 ‘Transparency in Supply Chains Consultation’, the UK government has launched an online central registry of statements published in compliance with requirements under section…more

Compliance, Corporate Governance, Corporate Social Responsibility, Forced Labor, Human Trafficking

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Arbitration Decisions Matter: The NLRB Reverts to Prior Standards on Deferral to Arbitration and Pre-Arbitration Settlements

Arbitration is a strongly favored federal policy and generally can be relied on to resolve even statutory discrimination claims. This is not a novel concept in federal jurisprudence from the Supreme Court of the United States…more

Arbitration, Arbitrators, Babcock & Wilcox Construction, Collective Bargaining, Collective Bargaining Agreements (CBA)

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New Louisiana Laws Will Impact Employers

In recent months, the Louisiana Legislature has passed several bills that have been signed into law, which will affect Louisiana employers. These new laws are effective August 1. In addition, the governor signed an executive…more

Employee Tracking, Employer Mandates, Federal Contractors, Governor Edwards, Hiring & Firing

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Construction Chronicles: The Not-So-New and OMB-Approved Monthly Construction Utilization Report

In the spirit of “spooky season,” the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has been “haunting” federal construction contractors with new compliance burdens. With the resurrection of…more

Compliance, Construction Contracts, Construction Industry, Data Collection, EEO-1

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COVID-19 & Cyber Security: Protecting Trade Secrets and Confidential Information During the Telework Boom

In response to the COVID-19 pandemic, some parts of the country are now in the third month of a lockdown. As a result of the lockdown, a large portion of U.S. businesses quickly transitioned their workforces to telework in the…more

Confidential Information, Coronavirus/COVID-19, Cybersecurity, Remote Working, Telecommuting

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August 2022 Updates to Pennsylvania’s Overtime Rules for Salaried Nonexempt Employees

​​​​​​​On August 5, 2022, new Pennsylvania state wage-and-hour regulations for tipped and salaried nonexempt workers under the Pennsylvania Minimum Wage Act (PMWA) go into effect. This article focuses exclusively on the new…more

Fair Labor Standards Act (FLSA), Non-Exempt Employees, Over-Time, Salaried Employees, State Labor Laws

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Oregon, Colorado Declare Public Health Emergencies Triggering Leave Requirements

Respiratory syncytial virus (RSV) and influenza cases are surging across the United States while COVID-19 continues to spread. Faced with hospital beds filling up and experts warning that this could be one of the most severe…more

Coronavirus/COVID-19, Covered Employer, Executive Orders, Governor Brown, Governor Polis

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OFCCP Issues National Interest Exemption for Certain Contractors Providing Hurricane Florence Relief

On September 17, 2018, the Office of Federal Contract Compliance Programs (OFCCP) issued a National Interest Exemption (NIE) for certain employers that assist in Hurricane Florence relief activities. Under the NIE, contracting…more

EEO, Emergency Response, Federal Contractors, Hurricane Florence, National Interest Waiver

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Oregon Bureau of Labor and Industries Proposes New Requirements Related to an Employer’s Response to Allegations of Harassment

On May 24, 2024, the Oregon Bureau of Labor and Industries (BOLI) issued a notice of proposed rulemaking to “clarify the rights of employees and the responsibility of employers following allegations of workplace harassment.”…more

Anti-Harassment Policies, Comment Period, Employer Liability Issues, Faragher/Ellerth defense, Harassment

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California Publishes Detailed List of Essential Workers Exempt from Stay-At-Home Order

On March 19, 2020 California Governor Gavin Newsom issued Executive Order N-33-20 directing all residents to stay at home, except as necessary to maintain “essential critical infrastructure sectors.” The order left open the…more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Executive Orders, Governor Newsom, Shelter-In-Place

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Costa Mesa, California, Enacts Premium Pay Ordinance for Retail Grocery and Pharmacy Workers

On March 16, 2021, the City Council of Costa Mesa, California, passed an urgency ordinance establishing premium pay for retail grocery and pharmacy workers during the COVID-19 pandemic. Costa Mesa is a large city in Orange…more

Collective Bargaining Agreements (CBA), Coronavirus/COVID-19, Essential Workers, Grocery Store Workers, Grocery Stores

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Navigating Employee Retention Credit Denials and Delays

Employee retention credits (ERCs) have been a critical financial lifeline for businesses dealing with the effects of COVID-19. Designed to incentivize businesses to retain employees during the economic downturn caused by…more

CARES Act, Department of Justice (DOJ), Employee Retention, Internal Revenue Code (IRC), IRS

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USCIS to Permit Reregistration for Syrians With TPS

On March 5, 2018, United States Citizenship and Immigration Services (USCIS) published an announcement in the Federal Register stating that it will permit current Syrian beneficiaries of temporary protected status (TPS) to…more

Department of Homeland Security (DHS), Employment Authorization Documents (EAD), Syria, Temporary Protected Status, Time Extensions

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2015 Will Usher In Increased FLSA Liability for Home Health Care Agencies

On Tuesday, September 17, 2013, the U.S. Department of Labor (DOL) issued a final rule extending the Fair Labor Standard Act’s (FLSA) minimum wage and overtime protections to an estimated two million home health care workers…more

Companionship Exemptions, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Home Health Care, Minimum Wage

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Second Circuit Holds “Delivery Fee” Is Not a Gratuity for Delivery Drivers

In a 5-page summary order issued on March 5, 2020, the U.S. Court of Appeals for the Second Circuit held in Belizaire v. Ahold U.S.A., Inc., No. 19-457-cv, that the “delivery fee” paid by customers of Peapod LLC, a grocery…more

Appeals, Delivery Drivers, Employer Liability Issues, Fees, State Labor Laws

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High Times in San Francisco: DA Promises To Expunge Cannabis Convictions Without Petitions

During the November 8, 2016 statewide general election, California voters enacted the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA). The AUMA authorizes licensed sellers to sell recreational use marijuana, or…more

Convictions, Criminal Convictions, Decriminalization of Marijuana, Expungement, Marijuana

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A New Entity Abroad, Part II - Unique Employment Regulations

One of the primary concerns for an organization that wants to start conducting business in a new country must be the laws of the specific country. Employment regulations vary widely around the globe, and some may be so contrary…more

Collective Bargaining Agreements (CBA), Compliance, Employer Liability Issues, Employment Policies, Foreign Corporations

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Ninth Circuit Reverses $100+ Million Wage Statement Ruling Against Walmart

On May 28, 2021, the Ninth Circuit Court of Appeals issued a significant ruling in Magadia v. Wal-Mart Associates, Inc., on both California’s wage statement laws and standing to pursue claims under the Private Attorneys General…more

Appeals, Article III, Bonuses, Corporate Counsel, Employment Litigation

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NLRB Rules That Employee who Launched “F-Bombs” at Company Owner Did Not Lose Protection Under Federal Labor Law

If an employee curses at and blatantly disrespects the owner of the company for whom he works, most people would reasonably conclude that the employee can be discharged. However, a recent decision issued by the National Labor…more

Employee Rights, NLRA, NLRB, Obscenity

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USCIS Will Conduct a Second Selection Round for FY 2025 H-1B Cap Registrations

On July 30, 2024, U.S. Citizenship and Immigration Services (USCIS) announced it would begin selecting additional random H-1B cap registrations from the regular cap to reach its fiscal year (FY) 2025 numerical quota…more

H-1B, Highly-Skilled Workers Visa, Immigration Procedures, USCIS, Visa Caps

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NLRB Issues New Guidance on At-Will Disclaimers

The Office of the General Counsel (GC) of the National Labor Relations Board (NLRB or Board) recently issued two advice memoranda that shed some light on the legality of employers’ “at-will” disclaimers in employee handbooks and…more

At-Will Employment, Employee Handbooks, Employment Contract, NLRA, NLRB

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USCIS Settlement Agreement Provides Some Relief to H-4 and L-2 Spouse EAD Renewal Applications

On November 10, 2021, U.S. Citizenship and Immigration Services (USCIS) settled the class action lawsuit Shergill v. Mayorkas. The settlement agreement will update USCIS policy related to certain H-4 and L-2 spousal Employment…more

Class Action, Employment Authorization Documents (EAD), Foreign Nationals, Form I-9, H-4 Spouses

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New York City to Consider Its Own Ban on Employer Noncompete Agreements Following Governor’s Veto

New York City lawmakers are considering a measure that would make the city the latest jurisdiction to ban noncompete agreements between employers and their employees, after Governor Kathy Hochul in December 2023 vetoed a…more

Contract Terms, Corporate Counsel, Employment Contract, Enforcement Authority, Local Ordinance

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Eleventh Circuit Overturns Decades of Precedent in Holding that Job Applicants Cannot Claim Disparate Impact Under the ADEA

Sitting en banc, the Eleventh Circuit Court of Appeals recently issued a ruling that affects whether job applicants may bring disparate impact claims in discrimination lawsuits under the Age Discrimination in Employment Act…more

ADEA, Corporate Counsel, Disparate Impact, Disparate Treatment, En Banc Review

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Cracking the Door? The Eleventh Circuit Again Considers When Out-of-Court FLSA Settlements Are Enforceable

In 1982, the Eleventh Circuit Court of Appeals held in Lynn’s Food Stores, Inc. v. United States that employers and employees cannot settle claims under the Fair Labor Standards Act (FLSA) unless (1) the settlement is supervised…more

Fair Labor Standards Act (FLSA), Over-Time, Settlement, Wage and Hour, Wages

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Washington State Adopts New, Permanent Wildfire Smoke Regulations

On December 14, 2023, the Washington State Department of Labor and Industries (L&I) finalized and adopted new rules focused on protecting workers from wildfire smoke hazards that take effect on January 15, 2024…more

Natural Disasters, New Regulations, Severe Weather, State and Local Government, Wildfires

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Proposed Rule Aims to Resurrect Health Reimbursement Arrangements

Under a proposed rule that the Department of Labor (DOL), Department of the Treasury, and the Department of Health and Human Services (HHS) jointly issued on October 29, 2018, employers may soon have more flexibility to fund…more

Affordable Care Act, Department of Health and Human Services (HHS), Department of Labor (DOL), Employee Benefits, Employer Group Health Plans

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Ninth Circuit Reverses $100+ Million Wage Statement Ruling Against Walmart

On May 28, 2021, the Ninth Circuit Court of Appeals issued a significant ruling in Magadia v. Wal-Mart Associates, Inc., on both California’s wage statement laws and standing to pursue claims under the Private Attorneys General…more

Appeals, Article III, Bonuses, Corporate Counsel, Employment Litigation

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New York City Private Employer Vaccination Mandate Remains, but Exemptions Expanded for Athletes and Performing Artists

On March 24, 2022, New York City Mayor Eric Adams signed Emergency Executive Order No. 62, which expands an exemption to New York’s vaccination order for private-sector workers to include athletes and performing artists who…more

Athletes, Coronavirus/COVID-19, Employer Mandates, Exemptions, Municipalities

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Chicago Paid Leave and Paid Sick Leave Ordinance Delayed to July 2024

The Chicago City Council voted on December 13, 2023, to amend the effective date of the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance from December 31, 2023, to July 1, 2024…more

City of Chicago, Employer Liability Issues, Local Ordinance, Paid Leave, Sick Leave

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Supreme Court Requires But-For Causation for Section 1981 Claims

On March 23, 2020, the Supreme Court of the United States, in Comcast Corp. v. National Association of African-American Owned Media, ruled that a plaintiff who alleges race discrimination under 42 U.S.C. § 1981 must plead and…more

42 U. S. C. § 1981, Appeals, Burden of Proof, But For Causation, Civil Rights Act

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It’s Back: NLRB Overturns Specialty Healthcare, Returns to Traditional Community-of-Interest Standard

On December 15, 2017, a divided National Labor Relations Board (NLRB) issued a significant decision in PCC Structurals, Inc., 365 NLRB No. 160, overturning the controversial “overwhelming community-of-interest” test from…more

Bargaining Units, Collective Bargaining, Community of Interest, NLRA, NLRB

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New Jersey Supreme Court Holds Stealing Documents to Support Discrimination Claims Can Be Prosecuted as Theft

In State v. Saavedra (A-68-13, June 23, 2015), the New Jersey Supreme Court upheld the criminal indictment of a public sector employee who stole confidential documents to support her discrimination and retaliation claims. As we…more

Appellate Courts, Confidential Documents, Criminal Prosecution, Discrimination, Indictments

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What Is a Sincere Religious Belief? The Fifth Circuit Weighs In On a Religious Discrimination Claim

In a 2-to-1 decision written by Judge Edward Prado, the Fifth Circuit Court of Appeals recently chimed in on an employee’s claim that her employer failed to accommodate a religious observance, for which “she believed strongly…more

Corporate Counsel, Religion, Religious Discrimination

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The Data Is In - California Class Action and PAGA Filings to Hit New Highs

New class action and California Private Attorneys General Act (PAGA) filings have grown exponentially in recent years and reached record numbers in 2023. This trend is raising concerns for California employers as the state…more

Arbitration, Arbitration Agreements, Class Action, Corporate Counsel, Employer Liability Issues

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U.S. Virgin Islands Enacts Fair Chance for Employment Act

On June 24, 2024, the Legislature of the Virgin Islands overrode Governor Albert Bryan Jr.’s veto of the Fair Chance for Employment Act. The act is intended to prohibit the automatic disqualification of applicants based upon a…more

Background Checks, Compliance, Congressional Override, Criminal Background Checks, Criminal Records

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The Employment Law Authority - November/December 2013

In This Issue: - Harassment. Are your executive training programs effective? - State Round-Up. Learn about the latest employment law news in your state - Unions. Harold Coxson and Baker Wyche discuss the new…more

Americans with Disabilities Act (ADA), Compliance, Employer Liability Issues, Family and Medical Leave Act (FMLA), Form I-9

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First Circuit Refuses to Recognize a Section 1981 Private Right of Action for Damages Against State Actors

In a recent decision, Buntin v. City of Boston, the First Circuit Court of Appeals held that there is no implied private right of action for damages against state actors under 42 U.S.C. Section 1981. In reaching that conclusion,…more

Administrative Appeals, Appeals, First Impression, Hiring & Firing, Personal Representatives

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NLRB Strips Employer of Dancers’ Independent Contractor Status

In a decision that may be useful to employers deciding whether workers should be classified as independent contractors or employees, the National Labor Relations Board (NLRB) found that an exotic dancer at the Centerfold Club in…more

Administrative Law Judge (ALJ), Dancers, Employee Definition, Independent Contractors, Misclassification

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Washington State’s Paid Sick and Safe Leave Update: The Administrative Regulations Are Finally Final

Washington’s Department of Labor and Industries has now concluded its process for drafting and finalizing the regulations for implementing Washington’s paid sick leave law, which becomes effective on January 1, 2018. Now…more

Employer Mandates, Final Rules, Paid Leave, Sick Leave, Wage and Hour

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Five Work Streams for Employers to Consider Before a RIF

Employers often consider five key “work streams” at the initial planning stages of a reduction in force (RIF). WARN Act and Mini-WARN Requirements - The federal Worker Adjustment and Retraining Notification (WARN) Act…more

Employer Liability Issues, Involuntary Reduction in Force, Layoff Notices, Layoffs, State Labor Laws

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Three Options for Non-Canadian Employers Hiring Remote Employees in Canada

With the boom of remote work, companies have increased their candidate base to stretch well beyond the boundaries of cities, states, and even countries—and many employers are looking to tap into Canada’s deep talent pool of…more

Canada, Corporate Counsel, Foreign Entities, Hiring & Firing, Recruitment Policies

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Combatting the Shortage of Home Care Workers: Going Co-Op?

With the number of U.S. residents aged 65 and older projected to more than double from 46 million today to over 98 million by 2060, home care agencies face a litany of difficulties. Among these are that home care agency owners…more

Centers for Medicare & Medicaid Services (CMS), Co-Op, Department of Labor (DOL), Health Care Providers, Home Health Agencies

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The Illinois Shutdown Order: Answers to Employers’ FAQs

On March 20, 2020, Illinois Governor J.B. Pritzker issued Executive Order (EO) 2020-10, directing all residents to stay at home except as necessary for essential activities and government functions and to operate essential…more

Business Closures, Coronavirus/COVID-19, Emergency Management Plans, Employer Responsibilities, Executive Orders

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DOL’s Child Labor Enforcement Expected to Be Hotter Than Ever This Summer

In fiscal year (FY) 2023, more than half of all U.S. Department of Labor (DOL) child labor investigations resulted in a violation. Of the 955 child labor investigations with violations—a 14 percent increase over the prior…more

Audits, Child Labor, Civil Monetary Penalty, Compliance, Department of Labor (DOL)

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California Employers Can Seek One-Month Extension for Reporting 2020 Pay Data, State Agency Says

On February 3, 2021, the California Department of Fair Employment and Housing (DFEH) updated its frequently asked questions (FAQs) to make clear that employers can seek an extension for reporting year 2020 - known as a request…more

Corporate Counsel, DFEH, Pay Data, Reporting Requirements, State Labor Laws

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Seventh Circuit Joins Third, Sixth, and Eighth Circuits in Limiting Exercise of Personal Jurisdiction in FLSA Collective Actions

On August 16, 2024, the Seventh Circuit Court of Appeals weighed in on whether out-of-state plaintiffs must satisfy personal jurisdiction requirements to participate in a collective action under the Fair Labor Standards Act…more

Bristol-Myers Squibb, Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, Class Action, Class Certification, Collective Actions

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Plaintiff’s Employment Discrimination Civil Action Is Timely - Until It Is Not

A district judge for the U.S. District Court for the Eastern District of Virginia recently dismissed a case due to the plaintiff’s failure to file suit within the allotted time identified in the notice of right to sue (NRTS)…more

Dismissals, Employment Discrimination, Employment Litigation, Equal Employment Opportunity Commission (EEOC), Equitable Tolling

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Philadelphia Ban on Pre-Hire Marijuana Testing Takes Effect on January 1, 2022

On January 1, 2022, Philadelphia’s ordinance, titled, “Prohibition on Testing for Marijuana as a Condition for Employment,” Phila. Code § 9-5500, et seq., will take effect. The ordinance - which was passed by the Philadelphia…more

Drug Testing, Employer Liability Issues, Employment Policies, Hiring & Firing, Job Applicants

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DOL and HHS Announce Joint Effort to Combat Exploitative Child Labor

The U.S. Department of Labor (DOL) and U.S. Department of Health and Human Services (HHS) recently announced new efforts to “combat exploitative child labor,” which is largely the result of “an influx in migrant children from…more

Child Labor, Department of Health and Human Services (HHS), Department of Labor (DOL), Enforcement Priorities, Exploitation

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New Guidance Imposes Finding of Misrepresentation for Conduct Inconsistent With Visa Within 90 Days of Entry

The U.S. Department of State (DOS) has issued new guidance establishing a presumption of willful misrepresentation when a foreign national, within 90 days of entry into the United States, engages in conduct that violates the…more

Foreign Nationals, Misrepresentation, New Guidance, Trump Administration, US Department of State

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Harvey Weinstein and Sexual Harassment Law: “Me Too”

The reports of women who went on the record to accuse Hollywood businessman Harvey Weinstein of sexual harassment, sexual assault, and other abuses, evoked the following recent Twitter message by Alyssa Milano: “If you’ve been…more

Admissible Evidence, Corporate Counsel, Discrimination, Employer Liability Issues, Evidence

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Mexico’s Unit of Measure and Update to Increase on February 1, 2019

On January 9, 2019, Mexico’s National Institute of Statistics and Geography issued an official press release regarding the daily, monthly, and annual value of the Unit of Measure and Update (UMA) that will become effective on…more

Collective Bargaining Agreements (CBA), Employee Benefits, Mexico, Press Releases, Unit of Measure and Update (UMA)

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What Does S.B. 215, Ohio’s New Firearms Law, Mean for Employers?

Currently, in the state of Ohio, in order to obtain a concealed handgun license, which is valid for five years, an Ohio resident must submit an application to the county sheriff, pay an initial $67 fee, pass a background check,…more

Concealed Carry Permit, Concealed Weapons, Employee Handbooks, Employment Policies, Firearms

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Washington State’s New Warehouse Employee Protections Begin on July 1, 2024

In response to abundant press reports of injury rates in warehouse and distribution centers, Washington State has joined New York and California in enacting a new law, House Bill (HB) 1762, regulating employers’ use of…more

Distribution Centers, Employer Liability Issues, Labor Reform, Quotas, State Labor Laws

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U.S. Department of Transportation Approves Oral Fluid Testing for Drug Testing

On May 2, 2023, the U.S. Department of Transportation (DOT) published a final rule amending its regulated industry drug testing program to allow for oral fluid testing…more

Department of Transportation (DOT), Drug Testing, Employment Policies, Final Rules, Transgender

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OFCCP Encourages Contractors to Use Apprenticeship Programs to Hire Veterans

On July 31, 2024, the Office of Federal Contract Compliance Programs (OFCCP) released new guidance encouraging federal contractors to implement apprenticeship programs to “attract and retain” United States military veterans in…more

Affirmative Action, Apprenticeships, Federal Contractors, Guidance Update, Hiring & Firing

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USCIS Completes Second H-1B Registration Lottery for FY 2025

On August 5, 2024, U.S. Citizenship and Immigration Services (USCIS) announced that it had completed the much-anticipated second round of the annual H-1B registration lottery. USCIS also confirmed that the agency had notified…more

H-1B, Highly-Skilled Workers Visa, Immigration Procedures, Lottery, USCIS

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Right-to-Weed States: Assessing Impairment and Managing Employee Conduct in the Workplace

On May 9, 2023, the Washington state governor signed a law that will make it unlawful for employers to discriminate against hiring a person based on their marijuana usage, making Washington the latest state to become a…more

Best Management Practices, Drug Testing, Employment Policies, Marijuana, Medical Marijuana

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The Employment Law Authority - December 2014

In This Issue: - Justices Issue Pro-Employer Rulling in FLSA Case - Ogletree Deakins Named A "Law Firm of the Year" - California Mandates Anti-Bullying Training for Supervisors - OFCCP Issues Final…more

Amazon, Bullying, Discrimination, Email, Fair Labor Standards Act (FLSA)

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Fourth Circuit Rules That Gender Dysphoria Is a Disability Under the ADA and the Rehabilitation Act

​​​​​​​In a case of first impression, the U.S. Court of Appeals for the Fourth Circuit recently held in Williams v. Kincaid that individuals with gender dysphoria may be protected under the Americans with Disabilities Act (ADA)…more

Americans with Disabilities Act (ADA), Appeals, Disability, Employer Liability Issues, First Impression

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California Court of Appeal Upholds Company’s Rounding Practices

Many California employers round employees’ clock-in and clock-out times to the closest quarter hour, tenth of an hour, or five-minute interval. This practice is commonly referred to as “rounding.”…more

Appeals, Employer Liability Issues, Employment Litigation, Wage and Hour

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Fourth Circuit Joins D.C. Circuit In Striking Down NLRB Notice Posting Rule

In a resounding victory for employers across the nation, the Fourth Circuit Court of Appeals affirmed a recent decision of the U.S. District Court for the District of South Carolina, striking down the National Labor Relations…more

NLRA, NLRB, Notice Requirements, Posting Requirements

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Ohio Becomes 24th State to Legalize Recreational Use of Marijuana: 7 Key Considerations for Employers

On November 7, 2023, Ohio voters made Ohio the twenty-fourth state in the United States to legalize the recreational possession and use of marijuana. Ohio Revised Code (R.C.) Section 3780, which is subject to amendment by the…more

Decriminalization of Marijuana, Department of Transportation (DOT), Drug Testing, Drug-Free Workplace Act, Election Results

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Supreme Court Justices Dissent: The Opposition to Extending Title VII’s Protections to Gay and Transgender Employees

On June 15, 2020, the Supreme Court of the United States, in a 6-3 decision, held Title VII of the Civil Rights Act of 1964’s prohibition of sex discrimination encompassed discrimination against gay and transgender individuals…more

Altitude Express Inc v Zarda, Bostock v Clayton County Georgia, Civil Rights Act, EEOC v RG & GR Harris Funeral Homes, Employer Liability Issues

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FDIC Closing in on Implementing the Fair Hiring in Banking Act With Proposed Regulations for Section 19

The Federal Deposit Insurance Corporation (FDIC) is close to finalizing revisions to regulations regarding Section 19 of the Federal Deposit Insurance Act to align them with the Fair Hiring in Banking Act (FHBA), which eased the…more

Banking Sector, Banks, Criminal Records, FDIC, Financial Institutions

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Florida Teachers Union Fails to Upend Law on Dues and Recertification Requirements for Public-Sector Unions

On July 24, 2024, Judge Mark Walker of the U.S. District Court for the Northern District of Florida dealt Florida teachers unions a critical blow in their attempt to overturn Senate Bill (SB) 256 regarding public-sector union…more

Amended Legislation, Collective Bargaining Agreements (CBA), Public Sector, Public Sector Unions, Recertification

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EEOC Issues Proposed Pregnant Workers Fairness Act Regulations

On August 11, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) will publish its proposed regulations on the Pregnant Workers Fairness Act (PWFA) in the Federal Register. The PWFA became effective on June 27, 2023,…more

Americans with Disabilities Act (ADA), Comment Period, Duty to Accommodate, Equal Employment Opportunity Commission (EEOC), Lactation Accommodation

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Arizona Court Of Appeals Decision Highlights Employer’s Burden Of Proving Disqualification From Unemployment Benefits

The Arizona Court of Appeals recently issued an opinion overturning the Unemployment Insurance Appeals Board’s denial of unemployment benefits to an employee who was terminated for excessive tardiness…more

Burden of Proof, Disqualification, Hiring & Firing, Unemployment Benefits, Willful Misconduct

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DOL Announces Final Rule on Determining Independent Contractor Status

On January 9, 2024, the U.S. Department of Labor (DOL) announced the issuance of its final rule addressing worker classification under the Fair Labor Standards Act (FLSA). The 2024 rule, which goes into effect on March 11, 2024,…more

Biden Administration, Department of Labor (DOL), Effective Date, Fair Labor Standards Act (FLSA), Final Rules

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When Rolling the Dice Didn’t Lead to Success: Visa Options After the H-1B Cap Lottery

Employers seek predictability when hiring employees. You don’t need to be a mathematician (although that might help qualify you as an outstanding researcher) to know that the odds of being selected in U.S. Citizenship and…more

E-1, E-2, E-3, Foreign Students, H-1B

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Amendments to D.C. Accrued Sick and Safe Leave Act Creates New Hurdles for Employers

The District of Columbia’s Accrued Sick and Safe Leave Act of 2008 (ASSLA), which requires employers to provide paid leave to employees for their own or a family member’s illness as well as in certain other situations, was…more

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New York Second Department Holds No Private Right of Action for Pay Frequency Claims

On January 17, 2024, New York’s Appellate Division Second Department held that “manual workers” under the state labor law do not have a private right of action to pursue alleged violations of the labor law’s weekly pay…more

Employer Liability Issues, Employment Litigation, Late Payments, Liquidated Damages, Private Right of Action

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California Supreme Court to Review Meal and Rest Period Premium Calculation Case

The Supreme Court of California recently agreed to review the California Court of Appeal’s decision in Ferra v. Loews Hollywood Hotel, LLC, 40 Cal. App. 5th 1239 (2019), as limited to the following question: Did the…more

CA Supreme Court, Employer Liability Issues, Employment Litigation, Labor Code, Over-Time

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A Call-to-Action: Obama Administration Encourages States to Ban Noncompetes for Low-Wage Workers and Certain Other Employees

On October 25, 2016, the Obama administration released a fact sheet announcing the steps that the White House is taking to “enhance competition to benefit consumers, workers, and entrepreneurs.” The administration’s actions come…more

Competition, Defend Trade Secrets Act (DTSA), Entrepreneurs, Executive Orders, Non-Compete Agreements

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NLRB Throws in the Towel on Notice Posting Rule

In the end, the notice posting rule proposed by the National Labor Relations Board (NLRB) died not with a bang, but with a whimper. The NLRB’s proposed rule was earlier struck down by both the Fourth Circuit Court of Appeals and…more

NLRB, Notice Requirements

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New EEOC Resource Document: More Questions Than Answers About Return-From-Leave Under the ADA

On May 9, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) released a resource document titled, “Employer-Provided Leave and the Americans with Disabilities Act,” which offers insights into when employers should…more

Americans with Disabilities Act (ADA), Equal Employment Opportunity Commission (EEOC), Medical Leave, Reasonable Accommodation, Resource Guide

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DEI Under Scrutiny, Part X: Eleventh Circuit Blocks Venture Capital Fund’s Grant Contest for Black Women-Owned Businesses

The U.S. Court of Appeals for the Eleventh Circuit blocked a contest by a venture capital fund that provided grants and other benefits to black women-owned businesses, finding the contest is likely to unlawfully discriminate…more

Article III, Civil Rights Act, Diversity, Diversity and Inclusion Standards (D&I), First Amendment

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More Buzz in Connecticut on Medical Marijuana in the Workplace

A Connecticut federal court judge provided further clarification for employers concerning Connecticut’s Palliative Use of Marijuana Act (PUMA). In its second decision in Noffsinger v. SSC Niantic Operating Company, LLC…more

Attorney's Fees, Disability Discrimination, Drug Testing, Employer Liability Issues, Employment Litigation

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Can Employees Refuse to Return to Work Because of COVID-19?

Parts of the country have begun the process of returning to work, in places where COVID-19 infection rates have flattened or shown a decline. But the risk of becoming infected with COVID-19 remains, and some employers may be…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Responsibilities, NLRA, NLRB

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U.S. Employment-Based Immigration Year in Review: Many Changes Made, Many Changes Promised

Looking back at 2023, many of the employment-based immigration changes proposed and implemented by various U.S. government agencies focused on increasing efficiency and alleviating strain on our immigration system…more

Employment Authorization Documents (EAD), Foreign Workers, Form I-9, Immigration and Nationality Act, Immigration Procedures

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DOJ Increases Civil Monetary Penalties for Immigration-Related Violations to Adjust for Inflation

Effective February 13, 2024, the U.S. Department of Justice (DOJ) increased civil monetary penalties, for violations occurring after November 2, 2015, including those related to immigration…more

Civil Monetary Penalty, Compliance, Department of Justice (DOJ), Employer Liability Issues, Enforcement Actions

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Settlement Requiring Near-Contemporaneous Adjudication of Properly Bundled Forms I-539 and I-765 to Sunset in January 2025

U.S. Citizenship and Immigration Services (USCIS) may no longer be simultaneously adjudicating dependent status and work permit applications after January 18, 2025…more

Department of Homeland Security (DHS), Dependents, Employment Authorization Documents (EAD), Form I-765, H-4 Spouses

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Mastering Voting Leave Laws: Is Your Company Ready for Election Day?

With the election drawing near, questions about voting leave laws are becoming more frequent. Employers must understand a patchwork of state laws that regulate voting leave, political speech in the workplace, and related issues…more

Employee Rights, Employer Liability Issues, Employment Policies, Federal Elections, Labor Regulations

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Essential Information for Employers on Alabama’s Unemployment Benefits and COVID-19

The coronavirus pandemic has resulted in critical changes to workforces across the United States. In the state of Alabama, there have been more than 306,000 unemployment claims filed since March 16, 2020…more

CARES Act, Coronavirus/COVID-19, Relief Measures, Shelter-In-Place, State Labor Departments

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New York City Council Proposes Amendments to Pay Transparency Law

On March 24, 2022, the New York City Council took up a new bill, Int. No. 134, which proposes changes to the local law enacted on January 15, 2022, regarding transparent pay practices. The local law, which is currently set to go…more

Hiring & Firing, Job Applicants, Local Ordinance, Pay Transparency, Posting Requirements

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Breaking News: Federal Judge Hears Overtime Challenge and Promises to Rule Soon

Revised overtime regulations are still scheduled to take effect on December 1, 2016, but an effort to halt them remains alive. Judge Amos L. Mazzant, a federal judge for the Eastern District of Texas, held a hearing today on a…more

Case Consolidation, Corporate Counsel, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Minimum Salary

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Hawaii Catches the Wave, Bans Salary History Inquiries

On July 5, 2018, Hawaii Governor David Ige signed Senate Bill 2351, thereby enacting a state law prohibiting employers from inquiring into an applicant’s salary history. This adds Hawaii to the continually growing list of states…more

Employer Liability Issues, Governor Ige, Hiring & Firing, Job Applicants, New Regulations

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Potential Impact of the FTC’s Noncompete Ban on Employee Benefits and Executive Compensation

The Federal Trade Commission’s (FTC) ban on noncompetition covenants (“noncompetes”) could significantly impact the design and administration of employee benefits and executive compensation arrangements…more

Employee Benefits, Employment Contract, Executive Compensation, Federal Trade Commission (FTC), Final Rules

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The Future of Diversity and Inclusion Training: The OMB Memo Prohibiting Certain Training in the Federal Government

On September 4, 2020, Russell Vought, the director of the Office of Management and Budget (OMB), issued an agency-wide memo regarding diversity and inclusion training in the federal workforce. The OMB memo states: It has come…more

Bias, Civil Rights Act, Colleges, Diversity, Diversity and Inclusion Standards (D&I)

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Laid-Off Workers Gain Influence on Social Media, Raising Concerns for Employers

Waves of mass layoffs during the past two years have generated a new trend: layoff influencers who use social media to vent feelings, get assistance with a job search, and find community with other laid-off workers. This trend…more

Best Practices, Contract Terms, First Amendment, Hiring & Firing, Influencers

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November 2023 Visa Bulletin Shows Little Movement From October

The November 2023 Visa Bulletin has been released by the U.S. Department of State and shows little movement from last month…more

EB-1, EB-2, EB-3, US Department of State, USCIS

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DOJ Releases Memorandum Supporting Employers’ Right to Mandate Vaccines Approved by the FDA for Emergency Use

Growing numbers of private businesses and public entities have announced policies requiring employees and others to be vaccinated against COVID-19 as a condition of employment or as a condition of access to facilities or…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Department of Justice (DOJ), Emergency Use Authorization (EUA), Employment Policies

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Michigan OSHA Issues Emergency Rules Related to COVID-19

The Michigan Occupational Safety and Health Administration (MIOSHA) has issued emergency health and safety rules aimed at controlling, preventing, and mitigating the spread of COVID-19. The emergency rules, which Governor…more

Coronavirus/COVID-19, Executive Orders, Governor Whitmer, MI Supreme Court, Public Health Emergency

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Final Key Provisions of Oregon’s Workplace Fairness Act Take Effect October 1, 2020

In the summer of 2019, Oregon enacted the Oregon Workplace Fairness Act (SB 726), which imposed sweeping new requirements on Oregon employers in response to the #MeToo movement. Although some of the law’s provisions took effect…more

#MeToo, Anti-Discrimination Policies, Anti-Harassment Policies, Employee Training, Employer Liability Issues

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NLRB Modifies Independent Contractor Test

On June 13, 2023, the National Labor Relations Board (NLRB) overruled its 2019 independent contractor standard focused on whether workers have “entrepreneurial opportunity” and returned to a common law multi-factor analysis that…more

Corporate Counsel, Employee Definition, Entrepreneurs, Gig Economy, Independent Contractors

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Unpacking the Requirements of British Columbia’s Pay Transparency Act

Under British Columbia’s Pay Transparency Act, as of November 1, 2023, all B.C. employers are required to post wage and salary information on all of their public job postings…more

Canada, Job Ads, Pay Transparency, Posting Requirements, Reporting Requirements

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DOL Guidance Clarifies Expiration of COVID-19 Deadline Extension for Employee Benefit Plans

The U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) published EBSA Disaster Relief Notice 2021-01 in the nick of time on February 26, 2021. EBSA Disaster Relief Notice 2021-01 was released just…more

Benefit Plan Sponsors, Biden Administration, COBRA, Coronavirus/COVID-19, Corporate Counsel

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Second Circuit Ruling Clarifies Reach of EFAA Under Continuing Violation Doctrine in Sexual Harassment Cases

The Second Circuit Court of Appeals recently held that under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA), a hostile work environment “accrues” for purposes of the EFAA each time a new…more

Amended Legislation, Arbitration, Biden Administration, Dispute Resolution, Effective Date

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NLRB Adopts Standard Critical of Employer Workplace Rules, Handbooks

On August 2, 2023, the National Labor Relations Board (NLRB) adopted a new burden-shifting standard for evaluating whether work rules infringe upon employees’ rights under Section 7 of the National Labor Relations Act…more

Employee Handbooks, Employee Rights, Employment Policies, Labor Regulations, Labor Relations

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Oregon Employment Department Adopts Regulations to Clarify Administration of Paid Leave Oregon Benefits

On January 12, 2024, the Oregon Employment Department (OED) promulgated new regulations to clarify its procedures and criteria for implementing Paid Leave Oregon. As discussed further below, these regulations relate to benefits…more

Administrative Appeals, Domestic Violence, Employee Benefits, Hate Crimes, New Regulations

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Maine Raises Discrimination Damages Caps and Expands Employee Protections

Maine recently wrapped a busy 2023 legislative session that brought several significant legal changes relevant for employers. Those changes include increasing the cap on damages for violations of the Maine Human Rights Act…more

Anti-Discrimination Policies, Damage Caps, Employer Liability Issues, Equal Pay, Hairstyle Discrimination

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Ninth Circuit Revives Police Officers’ Age Bias Class Action Over Scrapped Exam

Stockwell v. City & County of San Francisco, No. 12-15070 (April 24, 2014): In a recent decision, the Ninth Circuit Court of Appeals diluted the Supreme Court of the United States’ holding in Wal-Mart Stores, Inc. v. Dukes, 131…more

ADEA, Age Discrimination, Appeals, Class Action, Class Certification

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U.S. Census Bureau Seeks Feedback on Implementing New Federal Race and Ethnicity Categories in 2027

The U.S. Census Bureau is seeking feedback on its plan to implement the White House’s newly adopted statistical standards for race and ethnicity data collection for federal agencies in 2027. Federal agencies must implement the…more

Census, Census Bureau, Comment Period, Data Collection, OMB

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Louisiana Amends LWPA to Address Commissions, Incentive Payment Plans, and Bonuses to Give Greater Flexibility to Employers

Governor Jeff Landry recently signed into law Act No. 556, which updates the Louisiana Wage Payment Act (LWPA) to address commissions and plans for incentive payments and bonuses. The new law becomes effective on August 1, 2024…more

Amended Legislation, Bonuses, Compensation, Employee Benefits, Employee Handbooks

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Reducing Salaries of Exempt Employees under the FLSA

As daily headlines have shown, the economic fallout from the COVID-19 pandemic has led businesses of all types to announce dramatic changes in workforce levels and employee pay. Many of these companies have made the decision to…more

Exempt-Employees, Fair Labor Standards Act (FLSA), Minimum Salary, Salaried Employees, Wage and Hour

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Eleventh Circuit: Service Charges Are Wages, Not Tips, Under FLSA

On March 18, 2022, the Eleventh Circuit Court of Appeals ruled in Compere v. Nusret Miami, LLC, a collective action under the Fair Labor Standards Act (FLSA), that Nusr-et Steakhouse properly used automatically charged fees on…more

Appeals, Employment Litigation, Fair Labor Standards Act (FLSA), Fees, Hospitality Industry

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New Legalization Processes for U.S. Citizen Spouses and Dreamers Will Start on August 19, 2024

On June 18, 2024, the White House unveiled two new initiatives to provide a faster path to work authorization for Deferred Action for Childhood Arrivals (DACA) recipients—also called Dreamers—and other undocumented individuals,…more

Biden Administration, Chevron Deference, DACA, Department of Homeland Security (DHS), Immigration and Nationality Act

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Louisiana Court Rejects Landman’s Whistleblower Claim Based on Finding That He Was an Independent Contractor

A recent Louisiana Court of Appeal decision held that an oil and gas landman did not have a claim under the Louisiana environmental whistleblower statute, which protects employees from retaliation for reporting environmental law…more

Appeals, Employee Definition, Employer Liability Issues, Independent Contractors, Oil & Gas

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The UK’s ‘Good Work Plan’ Imposes New Rules on Written Statements

The United Kingdom’s Good Work Plan amended Section 1 of the Employment Rights Act 1996 (ERA) to impose a new obligation on employers to provide all employees and workers with a written statement setting out key terms and…more

Contract Terms, Employment Contract, Employment Policies, Employment Rights Act, Good Work Plan

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Eleventh Circuit Upholds Ruling for Employer on ADA Claims Where Employee Submitted Noncompliant Return-to-Work Letter

On February 7, 2024, in Jones v. Georgia Ports Authority, the U.S. Court of Appeals for the Eleventh Circuit affirmed a district court’s grant of summary judgment for an employer where a former employee who requested an…more

Americans with Disabilities Act (ADA), Department of Veterans Affairs, Employment Litigation, Employment Policies, Family and Medical Leave Act (FMLA)

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Independent Contractor or Employee: DOL’s Latest Guidance on Employee Status

On July 15, 2015, the U.S. Department of Labor (DOL) issued guidance on determining whether a worker is an independent contractor in the form of an “Administrator’s Interpretation.” Describing independent contractor…more

Department of Labor (DOL), Employee Definition, Employer Liability Issues, Fair Labor Standards Act (FLSA), Independent Contractors

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Cross-Border Catch-Up: Performance-Based Terminations of Employment in South Korea

Are performance-based terminations of employment possible in South Korea? The answer may lie in a recent Supreme Court of Korea case in which the employer obtained a favorable decision regarding the legitimacy of dismissing an…more

Employee Evaluations, Employment Litigation, Hiring & Firing, Just Cause, Performance Improvement Plans

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Baseball Players Strike Out on Minimum Wage in Federal Spending Legislation

Among the many provisions of the $1.3 trillion omnibus spending bill that Congress passed in March of 2018—buried on page 1,967—is an exemption for minor league baseball players from federal minimum wage protections. The Save…more

Appeals, Baseball, Class Action, Collective Bargaining, Collective Bargaining Agreements (CBA)

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Weed at Work: Can Georgia Employers Still Drug Test?

Across the United States, a broad legal spectrum has developed regarding the use of marijuana, thus creating great uncertainty among employers that have long striven to maintain drug-free workplaces. Federally, marijuana…more

Cannabidiol (CBD) oil, Controlled Substances Act, DEA, Decriminalization of Marijuana, Employment Policies

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MNDOLI Issues Guidance on Minnesota Statewide Paid Earned Sick and Safe Time Law

Looking ahead to January 1, 2024, when Minnesota’s statewide paid Earned Sick and Safe Time (ESST) law takes effect, the Minnesota Department of Labor and Industry (MNDOLI) issued guidance in the form of answers to frequently…more

Accrued Benefits, Earned Sick Time, Local Ordinance, New Guidance, Paid Time Off (PTO)

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New York Expands Restrictions on Nondisclosure Agreements Related to Discrimination, Harassment, and Retaliation Claims

New York State recently enacted laws to further restrict the use of nondisclosure agreements in connection with resolution of employment discrimination, harassment, and retaliation claims and extend the statute of limitations to…more

#MeToo, Anti-Harassment Policies, Anti-Retaliation Provisions, Employer Liability Issues, Employment Policies

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2022 Changes to Michigan’s Paid Medical Leave: ‘Back to the Future’? Well, Not So Fast!

The Michigan Court of Claims issued a stay of its July 19, 2022, decision in Mothering Justice v. Nessel that had reinstated ballot initiatives that would have drastically changed the state’s paid medical leave and minimum wage…more

Ballot Measures, Medical Leave, Minimum Wage, Paid Sick Leave, Sick Leave

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New Orleans Mayor Signs Executive Order Prohibiting Wage History Inquiries

On January 25, 2017, New Orleans Mayor Mitch Landrieu signed Executive Order MJL17-01, which prohibits questions about salary history during the application process for persons seeking employment with the City of New Orleans…more

Hiring & Firing, Local Ordinance, Municipalities, Pay Equity Laws, Public Employees

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#MeToo: Revisiting Policies in a Trending Workplace

From Twitter hashtags to news media talking points, #MeToo has come to powerfully symbolize what many have termed a “watershed moment” for modern American culture on the issues of sexual harassment and sex discrimination. And…more

Anti-Harassment Policies, Employee Training, Equal Employment Opportunity Commission (EEOC), Policies and Procedures, Public Relations

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Federal Judge Blocks Enforcement of Tennessee’s Bathroom Signage Law

On July 9, 2021, a federal district court in Nashville, Tennessee, granted a preliminary injunction, halting enforcement of a new Tennessee law on bathroom signage. That law mandates that businesses post specific signs next to…more

Criminal Liability, First Amendment, Gender Identity, Governor Lee, LGBTQ

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Texas’ Open Carry Law: 3 Steps Hotels Should Take Before the New Year

The Texas statute allowing the open carrying of guns by licensed holders will become effective on January 1, 2016. Prior to this effective date, Texas hotel properties should consider following these three steps in an effort to…more

Employment Policies, Gun Laws, Hotels, Posting Requirements

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Alabama Amends State Income Tax Exemption for Overtime Payments

In November 2023, Alabama enacted a law exempting, from Alabama state income tax, amounts received by full-time hourly wage-paid employees as compensation for overtime worked. On May 17, 2024, Alabama amended the Overtime…more

Fair Labor Standards Act (FLSA), Income Taxes, New Legislation, Non-Exempt Employees, Over-Time

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Seventh Circuit Refuses to Review Arbitrator’s Decision to Allow Expert-Prepared Accident Report

Last week, the Seventh Circuit Court of Appeals decided Brotherhood of Maintenance of Way Employees Division/IBT v. Norfolk Southern Railway Company, No. 12-3415 (March 11, 2014)…more

Accident Reports, Arbitration, Arbitration Agreements, Train Accidents

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Job Applicant Was Rejected Due to Dishonesty, Not Prior Lawsuit, Says Sixth Circuit

On April 8, 2016, the Sixth Circuit Court of Appeals affirmed a judgment in favor of an employer in Hance v. BNSF Railway Company, a failure-to-hire retaliation case brought under the Uniformed Services Employment and…more

Adverse Employment Action, Corporate Counsel, Discrimination, Hiring & Firing, Military Service Members

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Texas Fifth District Court of Appeals: Texas Law Prohibits Sexual Orientation Discrimination

In Tarrant County College District v. Sims, No. 05-20-00351 (March 10, 2021), the Court of Appeals for the Fifth District of Texas held that “claim[s] of discrimination based on sexual orientation may be brought under the Texas…more

Appeals, Employment Litigation, Human Rights Act, Retaliation, Sexual Orientation Discrimination

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Ninth Circuit Partially Affirms Preliminary Injunction of the Travel Ban

On January 27, 2017, President Trump issued Executive Order 13769, entitled “Protecting the Nation from Foreign Terrorist Entry Into the United States,” (EO1), which went into effect immediately. In EO1, the president invoked…more

Appeals, Executive Orders, Foreign Nationals, Preliminary Injunctions, Travel Ban

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Florida Restricts Sale of Alcohol Due to Surge in COVID-19 Cases Among Young Adults

On June 26, 2020, the Florida Department of Business and Professional Regulation (DBPR) issued Emergency Order 2020-09 suspending the sale of alcoholic beverages for on-premises consumption at all businesses that “derive more…more

Bars, Business & Professions Code, Coronavirus/COVID-19, Emergency Orders, Executive Orders

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California Governor Signs Freelance Worker Protection Act

On September 28, 2024, California Governor Gavin Newsom signed into law Senate Bill (SB) No. 988, the Freelance Worker Protection Act (FWPA). The FWPA provides minimum requirements for agreements between freelance workers and…more

Anti-Discrimination Policies, Contract Terms, Employer Liability Issues, Enforcement, Freelance Workers

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NLRB Vacates Hy-Brand Decision Returning to BFI Joint-Employer Standard...For Now

In December 2017, the National Labor Relations Board (NLRB) issued a number of important decisions prior to the end of then chairman Philip Miscimarra’s term. One of those important decisions was Hy-Brand Industrial Contractors,…more

Appeals, Browning-Ferris Industries of California Inc., Employer Liability Issues, Joint Employers, NLRA

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San Diego County Adopts Fair Chance Ordinance for Unincorporated Areas: What Employers Need to Know

Following the lead of other California cities and counties, the County of San Diego recently passed a local fair chance ordinance restricting the use of criminal history in employment decisions. Effective October 10, 2024,…more

Background Checks, Ban the Box, California, Criminal Background Checks, Employer Liability Issues

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First Circuit Rules Inconsistent SSDI Statements Doom ADA Claim

In Pena v. Honeywell International, Inc., issued on July 22, 2019, the U.S. Court of Appeals for the First Circuit denied a former employee’s petition for rehearing en banc of the court’s April 26, 2019, decision addressing…more

Americans with Disabilities Act (ADA), Appeals, Disability Benefits, Employment Litigation, En Banc Review

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Rescission of DACA Program: What Employers Need to Know

On September 5, 2017, Attorney General Jeff Sessions announced the rescission of the Deferred Action for Childhood Arrivals (DACA) and the Department of Homeland Security (DHS) issued the Memorandum on Rescission Of Deferred…more

Corporate Counsel, DACA, Department of Homeland Security (DHS), Employment Authorization Documents (EAD), Executive Orders

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Eleventh Circuit Holds That Military Leave Is Comparable to Paid Administrative Leave Under USERRA

On June 8, 2023, the U.S. Court of Appeals for the Eleventh Circuit held in Myrick v. City of Hoover, Alabama that military leave is comparable to paid administrative leave under the Uniformed Services Employment and…more

Corporate Counsel, Disparate Treatment, Employment Litigation, Military Leave, Military Service Members

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Employment Law Landscape Could Change After Election

When presidential administrations change, it’s common to see significant shifts in policy via new regulations, executive orders, different interpretations of federal laws, and changes to enforcement priorities, budgeting, and…more

Biden Administration, Department of Labor (DOL), Donald Trump, Election Results, Federal Contractors

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New Law on the Horizon for Illinois Employers Settling Tort Claims

On January 1, 2014, a new section of the Civil Practice Law, “Settlement of claims; payment” (735 ILCS § 5/2-2301), will take effect. The Illinois legislature passed the law in an effort to expedite the payment process in…more

Defamation, Release Agreements, Retaliation, Settlement, Tortious Interference

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D.C. Circuit Strikes Down Key Parts of DOL’s Association Health Plan Rule

On March 28, 2019, the U.S. District Court for the District of Columbia struck down key parts of the U.S. Department of Labor’s (DOL) final rule expanding the availability of association health plans (AHPs). In State of New York…more

Affordable Care Act, Association Health Plans, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Employer Group Health Plans

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Mastering Voting Leave Laws: Is Your Company Ready for Election Day?

With the election drawing near, questions about voting leave laws are becoming more frequent. Employers must understand a patchwork of state laws that regulate voting leave, political speech in the workplace, and related issues…more

Employee Rights, Employer Liability Issues, Employment Policies, Federal Elections, Labor Regulations

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Mental Health Parity Compliance Remains a Key Focus for Federal Agencies

On July 25, 2023, the U.S. Department of Labor (DOL), the U.S. Department of Health and Human Services (HHS), and the U.S. Department of the Treasury released their annual report to the U.S. Congress regarding group health…more

Annual Reports, Consolidated Appropriations Act (CAA), Department of Health and Human Services (HHS), Department of Labor (DOL), EBSA

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Business Groups Oppose Los Angeles City Council Motion to Expand Predictable Scheduling Ordinance to Fast-Food Workers

On July 2, 2024, Los Angeles City Councilmembers Hugo Soto-Martínez and Katy Yaroslavsky introduced a motion to the City Council to expand the fair workweek predictable scheduling ordinance to fast-food workers. On September 25,…more

Employer Liability Issues, Fair Workweek, Fast-Food Industry, Local Ordinance, State Labor Laws

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You Said It, Now We’re Going to Hold You to It! Hospitals Estopped From Asserting Disqualification Argument.

In theory, it is not an unfair labor practice to refuse to negotiate with a union engaged in competition with the employer—unless, of course, the employer gave the union other reasons for refusing to negotiate. The National…more

Bausch & Lomb, Conflicts of Interest, Contract Negotiations, Defense Strategies, Disqualification

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Washington State to Raise Minimum Wage and Exempt Salary Threshold in 2024

Effective January 1, 2024, the minimum wage rate in Washington State will increase to $16.28 per hour for employees sixteen years of age and older, the Washington State Department of Labor and Industries announced on September…more

Exempt-Employees, Minimum Wage, State Labor Departments, State Labor Laws, Wage and Hour

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Miners & Marijuana

As in other industries, mining companies must contend with employees and contractors using or being under the influence of illegal drugs in the workplace. Marijuana is one of the most prominent substances detected in drug…more

Adverse Employment Action, Americans with Disabilities Act (ADA), CO Supreme Court, Coats v Dish Network, Decriminalization of Marijuana

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Monkeypox Outbreak Declared a Public Health Emergency

​​​​​​​On August 4, 2022, the Biden administration declared the monkeypox outbreak a public health emergency. This comes at a time where the number of cases in the United States are rapidly rising and with cases found in almost…more

Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS), Infectious Diseases, Public Health Emergency, World Health Organization

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Trump Administration Backs Introduction of RAISE Act in Effort to Reduce Legal Immigration to the United States

On August 2, 2017, President Donald Trump declared his support for immigration legislation sponsored by Senators Tom Cotton (R-AR) and David Perdue (R-GA) intended to significantly reduce the level of legal immigration to the…more

Immigrants, Immigration Procedures, Proposed Legislation, Trump Administration

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Court Voids $1.5M Contract For Lack Of Consideration

In Yessenow v. Hudson (no. 2:08-cv-00353-PPS-APR), the U.S. District Court for the Northern District of Indiana found that the indemnification agreement and guaranty that Hilton Hudson, M.D. signed with Jeffrey Yessenow, M.D…more

Indemnity Agreements

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USCIS Issues Guidance on TN Nonimmigrant Status for Economists

On November 20, 2017, United States Citizenship and Immigration Services (USCIS) issued a policy memorandum clarifying that the TN definition of “economists.” Background - On December 17, 1992, the presidents of the…more

Department of Labor (DOL), NAFTA, New Guidance, Non-Immigrant Visas, Popular

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Fifth Circuit Joins Growing List of Circuit Courts, Holds Employees Can Recover for Emotional Distress in FLSA Retaliation Claims

In Pineda v. JTCH Apartments, L.L.C. (No. 15-10932, December 19, 2016), the Fifth Circuit Court of Appeals joined the Sixth and Seventh Circuit Courts of Appeals in holding that an employee may recover for emotional distress…more

Appeals, Corporate Counsel, Emotional Distress Damages, Fair Labor Standards Act (FLSA), Jury Verdicts

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The Heat Is On: Nevada OSHA’s Proposed Heat Illness Prevention Regulation

The Nevada Occupational Safety and Health Administration (Nevada OSHA) seeks to implement a new regulation aimed at preventing heat-related illnesses and ensuring the well-being of workers in the state. While this regulation did…more

Comment Period, General Duty Clause, Heat Exposure, New Regulations, Public Hearing

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U.S. Department of State’s May 2023 Visa Bulletin Shows Further Employment-Based Retrogression for Most Countries

The U.S. Department of State’s Bureau of Consular Affairs’ May 2023 Visa Bulletin shows a trend of backlogs and slowdowns in the employment-based immigrant visa or green card process. The final action dates for multiple…more

Adjustment of Status, EB-2, EB-3, Green Cards, Immigration Procedures

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California Employers’ Duties to Reimburse Employees Working From Home During the COVID-19 Pandemic

In response to “stay-at-home” orders issued by Governor Gavin Newsom and various California municipalities to prevent the further spread of the coronavirus (SARS-CoV-2) employers have been asking or requiring employees to work…more

Coronavirus/COVID-19, Employer Responsibilities, Governor Newsom, Labor Code, Reimbursements

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Federal Contractors: Your 2021 EEO-1s Might Be Disclosed by OFCCP if You Don’t Object!

The Office of Federal Contract Compliance Programs (OFCCP) has announced through its website and the Federal Register a new Freedom of Information Act (FOIA) request targeting federal contractors’ Type 2 Consolidated EEO-1…more

Corporate Counsel, Department of Labor (DOL), EEO-1, Federal Contractors, Federal Register

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Nevada OSHA Targets Hospitality Industry

Nevada’s Occupational Safety and Health Administration (Nevada OSHA) is performing targeted inspections of Nevada’s hospitality establishments. Even though Nevada OSHA’s “Inspection Targeting Plan and Emphasis Programs” document…more

Casinos, Hospitality Industry, Hotels, Resorts & Restaurants, Restaurant Industry

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Pregnant Workers Fairness Act Blocked in Texas

On February 27, 2024, a federal judge for the U.S. District Court for the Northern District of Texas blocked enforcement of the Pregnant Workers Fairness Act (PWFA) against the State of Texas, holding that the U.S. Congress…more

Consolidated Appropriations Act (CAA), Constitutional Challenges, Coronavirus/COVID-19, Enforcement, Equal Employment Opportunity Commission (EEOC)

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U.S. State Department Announces the Latest Green Card Lottery

The U.S. Department of State (DOS) recently published instructions for the 2018 Diversity Immigrant Visa Program (also known as the “DV Lottery” or “Green Card Lottery”). The Green Card Lottery makes available 50,000 permanent…more

Diversity Lottery, Green Cards, US Department of State

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OFCCP Publishes Final Rule to Promote Pay Transparency

On September 10, 2015, the Office of Federal Contract Compliance Programs (OFCCP) published its final rule on pay transparency. The purpose of the rule is to prohibit “pay secrecy policies” to make it “possible for workers and…more

Barack Obama, Chief Compliance Officers, Corporate Counsel, Employer Liability Issues, Employment Policies

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New NC Law Clarifies Scope of Some State Law Claims for Wrongful Termination

On March 23, 2016, Governor Pat McCrory signed into law House Bill 2, commonly known as the Public Facilities Privacy and Security Act. The act contains a significant provision clarifying North Carolina common law in the area of…more

Anti-Discrimination Policies, Employment Discrimination, Equal Employment Opportunity Commission (EEOC), Governor McCrory, New Legislation

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How to Report Audit Results and Resolve Issues Identified in the Audit

In this, our fourth installment in our series on the “Anatomy of a Department of Labor Audit,” we address both how to report audit results and how to resolve issues identified in the audit…more

Audits, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Misclassification, Wage and Hour

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USCIS’s New Rule Increases Automatic EAD Extensions from 180 to 540 Days

U.S. Citizenship and Immigration Services (USCIS) announced a temporary final rule to increase the automatic extension period for Employment Authorization Documents (EADs) for certain renewal categories from 180 days to up to…more

Employment Authorization Documents (EAD), Form I-765, New Rules, Popular, Time Extensions

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Requiring Fully-Vaccinated Employees to Mask: OSHA Issues Less-Than-Clear Updated COVID-19 Guidance in the Wake of the CDC’s Guideline

On August 13, 2021, the U.S. Occupational Safety and Health Administration (OSHA) published its updated COVID-19 guidance to account for the U.S. Centers for Disease Control and Prevention’s (CDC) July 27, 2021, guideline…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Liability Issues, General Duty Clause, Health and Safety

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ACA-Required Coverage of Contraceptive Care Remains Agency Focus

Once again, the U.S. Departments of Labor, Health and Human Services, and the Treasury have issued guidance on the Affordable Care Act’s (ACA) required coverage of contraception without cost sharing, clarifying the permitted use…more

Affordable Care Act, Compliance, Contraceptive Coverage Mandate, Contraceptives, Cost-Sharing

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California Dreaming: Minnesota Legislature Enacts Sweeping Wage Theft Law

The Minnesota Legislature wrapped up its 2019 legislative session with a one-day special session last month that resulted in the passage of an omnibus appropriations bill, the Jobs and Economic Development Omnibus. The…more

Appropriations Bill, Employer Liability Issues, Enforcement Authority, New Legislation, Notice Requirements

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DHS Withdraws Proposed Rule to Rescind H-4 Work Authorization Program

On January 25, 2021, the U.S. Department of Homeland Security (DHS) withdrew its proposed rule that sought to eliminate the H-4 employment authorization document (EAD) program for eligible spouses of H-1B workers. The…more

Biden Administration, Corporate Counsel, Department of Homeland Security (DHS), Employment Authorization Documents (EAD), Foreign Workers

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District of Columbia’s Tipped Wage Workers Fairness Amendment Act: Mandatory Training and Notice Requirements Take Effect

​​​​​​​In 2018, the District of Columbia enacted the Tipped Wage Workers Fairness Amendment Act (TWWF), preserving the use of the tip credit in the District, but imposing significant obligations on employers that employ tipped…more

Anti-Harassment Policies, Employee Training, Notice Requirements, Reporting Requirements, Sexual Harassment

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A Closer Look: India EB-3 Retrogression in Context

The U.S. Department of State anticipates that by July 1, 2023, all prorated employment-based third preference (EB-3) visa numbers available for Indian applicants in fiscal year (FY) 2023 will be exhausted; however, on October 1,…more

EB-3, Immigration and Nationality Act, Immigration Procedures, India, Retrogression

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Florida Restricts Sale of Alcohol Due to Surge in COVID-19 Cases Among Young Adults

On June 26, 2020, the Florida Department of Business and Professional Regulation (DBPR) issued Emergency Order 2020-09 suspending the sale of alcoholic beverages for on-premises consumption at all businesses that “derive more…more

Bars, Business & Professions Code, Coronavirus/COVID-19, Emergency Orders, Executive Orders

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Retention Bonus Found Not to Constitute ‘Wages’ Under the Massachusetts Wage Act

On September 6, 2024, the Appellate Division of the Massachusetts District Court held in Nunez v. Syncsort Incorporated that a retention bonus that the defendant-employer allegedly owed to the plaintiff, its former employee, did…more

Bonuses, Employee Retention, Employment Litigation, Former Employee, State Labor Laws

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Kansas Enacts Law Defining ‘Male’ and ‘Female’ Strictly as Sex Assigned at Birth

On April 27, 2023, the Kansas Legislature overrode Governor Laura Kelly’s veto of Senate Bill (SB) 180, which defines “male” and “female” only by biological sex. SB 180, described by the Kansas Senate as a “women’s bill of…more

Americans with Disabilities Act (ADA), Civil Rights Act, Gender Identity, Governor Vetoes, New Legislation

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New Jersey to Become First State to Guarantee Severance Payments Due to Mass Layoffs

On January 21, 2020, Governor Phil Murphy signed into law Senate Bill 3170, which expands New Jersey’s Millville Dallas Airmotive Plant Job Loss Notification Act (New Jersey WARN Act) well beyond the requirements of the federal…more

Amended Legislation, Governor Murphy, Layoff Notices, Layoffs, New Legislation

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Avoiding Wage & Hour Lawsuits: Four Steps Every Employer Should Take

In light of the continued onslaught of wage and hour claims made by current and former employees, including putative class and collective actions, there are a number of steps employers can take to help mitigate potential…more

Arbitration Agreements, Audits, Class Action, Payroll Records, Timekeeping

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DC’s Noncompete Ban - A Law of Unintended Consequences

Just as the calendar was turning to 2021, the Council of the District of Columbia threw District of Columbia employers a late-breaking curveball that most did not see coming. The Ban on Non-Compete Agreements Amendment Act of…more

Amended Legislation, Corporate Counsel, Employment Contract, Local Ordinance, Non-Compete Agreements

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Colorado Becomes 13th State to Pass “Ban the Box” Legislation

On May 28, 2019, Colorado governor Jared Polis signed into law the Colorado Chance to Compete Act (House Bill 19-1025), more commonly known as “ban the box” legislation. The recently signed Act is another example of pro-employee…more

Background Checks, Ban the Box, Criminal Background Checks, Criminal Records, Employer Liability Issues

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Federal Court Temporarily Stays DHS Approvals of Parole-in-Place Applications Under ‘Keeping Families Together’ Program

On August 26, 2024, the U.S. District Court for the Eastern District of Texas issued an administrative stay enjoining the U.S. Department of Homeland Security (DHS) from granting parole-in-place requests under the Biden…more

Administrative Procedure, Biden Administration, Department of Homeland Security (DHS), Family Members, Immigration Procedures

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New York State Paid Family Leave Law Update: Tax Guidance Issued

The New York State Paid Family Leave Law (PFL) will go into effect on January 1, 2018, requiring virtually all private employers in New York to provide paid family leave benefits to eligible employees. As employers begin the…more

Employer Mandates, IRS, New Regulations, Paid Family Leave Law, Wage and Hour

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Ontario Government Extends Protections for Temporary Layoffs to January 2, 2021

On September 3, 2020, Ontario’s government announced that it would extend layoff protections, preventing temporary layoffs due to COVID-19 from automatically becoming terminations of employment. In normal circumstances, the…more

Canada, Coronavirus/COVID-19, Employment Standards Act, Hiring & Firing, Layoffs

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Ontario’s Employment Standards Act Exempts Certain Business and Information Technology Consultants, if Conditions Are Met

As of January 1, 2023, certain “business consultants” and “information technology consultants” in Ontario have been exempt from the Employment Standards Act, 2000 (ESA). These exemptions are part of the numerous amendments made…more

Canada, Consultants, Employment Standards Act, Exemptions, Multi-Factor Test

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Massachusetts Supreme Judicial Court Clarifies Franchisee vs. Employee Classification

In the ever-evolving landscape of employment law, a recent Massachusetts Supreme Judicial Court (SJC) opinion, Patel v. 7-Eleven, Inc., has shed light on a critical question: When is a franchisee considered an employee of the…more

7-Eleven, ABC Test, Franchisee, Franchises, Franchisors

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Puerto Rico Governor Issues Executive Orders Requiring COVID-19 Vaccinations

In order to slow the transmission rate of COVID-19 and safeguard the health of people in Puerto Rico, Governor Pedro Pierluisi recently issued a series of executive orders mandating COVID-19 vaccinations in certain instances…more

Coronavirus/COVID-19, Executive Orders, Federal Contractors, Healthcare Facilities, Hospitality Industry

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Verbal Disclosure of Employee’s COVID-19 Status Didn’t Breach Health Record Disclosure Law, Wisconsin Appeals Court Rules

On July 27, 2023, the Wisconsin Court of Appeals held in Mosley v. Oakwood Lutheran Senior Ministries that verbal disclosure of an employee’s COVID-19 status does not support a violation of Wisconsin healthcare record disclosure…more

Coronavirus/COVID-19, Disclosure, Dismissals, Employee Privacy Rights, Employment Litigation

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Supreme Court Rejects Challenge to OPT Program for Foreign Students

The Supreme Court of the United States has declined to hear a challenge to a visa program that allows foreign students who graduate from U.S. colleges and universities to work in the United States for up to three years. The…more

Colleges, Constitutional Challenges, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Employment Authorization Documents (EAD)

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Pennsylvania Supreme Court Invalidates No-Hire Provision in Service Contract

The Supreme Court of Pennsylvania recently held unenforceable a no-hire provision in a service contract between a logistics company and a trucking firm. In Pittsburgh Logistics Systems, Inc. v. Beemac Trucking LLC, et. al., the…more

No-Hire/No-Solicitation Agreements, No-Poaching, PA Supreme Court, Service Contracts, Unenforceable Contract Terms

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CROWN Act Ordinance: New Orleans Enacts Law to Prohibit Hairstyle Discrimination

On December 22, 2020, New Orleans Mayor LaToya Cantrell signed into law the CROWN Act (Calendar No. 33,184). The new law prohibits employment discrimination in the City of New Orleans based on hairstyles…more

Employer Liability Issues, Hairstyle Discrimination, Local Ordinance, New Legislation, Race Discrimination

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Reminder for Employers - February 14 Deadline for California Employers to Notify Employees Noncompete Agreements Are Void

Under a new law passed in October 2023, California employers must provide all current and certain former California employees with individualized written notices by February 14, 2024, advising them that any noncompete clauses or…more

Contract Terms, Employer Liability Issues, Employment Contract, Non-Compete Agreements, Restrictive Covenants

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Considerations When Employing Workers in a Country Where the Company Currently Has No Employees

There can be a number of circumstances in which a company may want to engage someone in a country where the company currently has no employees. This could be a desire to expand the business into new markets, recruit a talented…more

Employee Benefits, Employer Liability Issues, Employment Policies, Foreign Workers, International Labor Laws

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California’s New AB 1512 Revises Security Officer Rest Period Rules

On September 30, 2020, Governor Gavin Newsom signed Assembly Bill (AB) 1512, which amends California Labor Code Section 226.7 by authorizing employers to require certain unionized private security officers “to remain on the…more

Amended Legislation, Exemptions, Governor Newsom, Rest and Meal Break, Security Guards

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Federal Judge Dismisses Wife’s COVID-19 Tort Suit Against Husband’s Employer

On May 10, 2021, a judge for the U.S. District Court for the Northern District of California dismissed a lawsuit filed by the wife of a construction worker against his employer after he allegedly contracted COVID-19 at his…more

Construction Workers, Coronavirus/COVID-19, Employer Liability Issues, Employment Litigation, Infectious Diseases

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Supreme Court Weighs in on Computer Fraud and Abuse Act

In Van Buren v. United States, No. 19-783 (June 3, 2021), the Supreme Court of the United States recently waded into the meaning of the Computer Fraud and Abuse Act’s (CFAA) “exceeds authorized access” prohibition. The…more

Computer Fraud and Abuse Act (CFAA), Databases, Police, SCOTUS, Unauthorized Access

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Connecticut Clean Slate Law Brings New Requirements for Employers in 2023 and Beyond

On June 10, 2021, Governor Ned Lamont signed into law Connecticut’s “Clean Slate” law, Public Act No. 21-32. The Clean Slate law became effective January 1, 2023, and it provides for the automatic erasure of certain criminal…more

Background Checks, Ban the Box, Criminal Background Checks, Criminal Records, Expungement

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Supreme Court to Hear Heterosexual Woman’s Reverse Discrimination Case

The Supreme Court of the United States has agreed to hear a case in which a female heterosexual employee claimed an Ohio state agency discriminated against her in favor of employees who identify as LGBTQ+. The case, Ames v. Ohio…more

Civil Rights Act, Demotions, Employment Litigation, Equal Employment Opportunity Commission (EEOC), Evidentiary Standards

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California Supreme Court Gives Employee Two Bites of the Class Action Apple

On June 30, 2022, the Supreme Court of California issued a decision in Grande v. Eisenhower Medical Center, No. S261247, that could have a far-reaching impact on the relationships between staffing companies and their clients…more

CA Supreme Court, Class Action, Contract Terms, Corporate Counsel, Employer Liability Issues

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Wisconsin Law Prohibits Local Regulation of Several Employment Issues, Does Not Preempt Discrimination Ordinances

On April 16, 2018, Wisconsin Governor Scott Walker signed an amended version of 2017 Assembly Bill 748, thereby declaring a number of employment issues to be matters of statewide concern and therefore beyond the scope of…more

Discrimination, Employment Litigation, Family and Medical Leave Act (FMLA), Governor Walker, Local Ordinance

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Eleventh Circuit Limits General Duty Clause’s Applicability When a Specific Safety Standard Exists for a Particular Hazard

On May 30, 2023, the U.S. Court of Appeals for the Eleventh Circuit issued a significant decision addressing the Occupational Safety and Health Administration’s (OSHA) use of the “General Duty Clause.” The decision limits OSHA’s…more

Administrative Law Judge (ALJ), General Duty Clause, OSH Act, OSHA, Regulatory Agencies

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Juneteenth Is a Federal Holiday: Diversity, Equity, and Inclusion Tips for Proactive Employers

In the wake of an increased focus on racial justice in the summer of 2020, many employers began to recognize and observe Juneteenth as a way to demonstrate their commitment to diversity, equity, and inclusion (DEI) initiatives…more

Biden Administration, Diversity, Diversity and Inclusion Standards (D&I), Employment Policies, Heritage & Culture

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Wisconsin LIRC Determines Even Very Upsetting Criminal Convictions May Not Be Substantially Related to the Job

Wisconsin employers deciding whether to hire an applicant with a criminal background often find themselves between a rock and a hard place. If they fail to take reasonable care screening the applicant, they may face a negligent…more

Administrative Law Judge (ALJ), Criminal Background Checks, Criminal Records, Employer Liability Issues, Fair Employment Practices Act

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Time to Vote: Employee and Employer Voting Leave Rights and Obligations for the 2020 Elections

Elections in the United States are scheduled for Tuesday, November 3, 2020. Not only will the office of president of the United States be contested, but all 435 seats in the U.S. House of Representatives and 35 of the 100 seats…more

Employee Rights, Federal Elections, General Elections, State Elections, Voting Leave

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NLRB Still Contemplating “Quickie” Union Election Rules

On November 26, 2013, the National Labor Relations Board (NLRB) issued its semiannual regulatory agenda, which, tellingly, focused on one issue—the Board’s proposed changes to the rules that will speed up union representation…more

NLRB, Union Elections, Unions

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The Beginning of the End of Service Charges? An Examination of California’s SB 478

Starting July 1, 2024, California will make it unlawful for businesses to add any automatic service charges onto consumer bills. Service charges are mandatory fees tacked onto bills (often for the provision of services in the…more

Compliance, Governor Newsom, Hospitality Industry, New Legislation, Restaurant Industry

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Blowing the Whistle on Food Safety: OSHA Issues a Final Rule Related to FDCA Complaints

On April 18, 2016, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced that it has issued procedural rules for enforcement of whistleblower complaints alleging violations of the Federal…more

Anti-Retaliation Provisions, Employer Liability Issues, Federal Food Drug and Cosmetic Act (FFDCA), Final Rules, Food Manufacturers

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California Supreme Court Holds Employees Cannot Sue Their Employers’ Payroll Companies for Wage Claims

On February 7, 2019, the Supreme Court of California issued its decision in Goonewardene v. ADP, LLC, holding that employees may not sue their employers’ payroll companies for wage claims in connection with their employment. The…more

Appeals, Breach of Contract, CA Supreme Court, Labor Code, Negligence

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Third Circuit Finds Deductions From Exempt Employees’ PTO Do Not Impact Exempt Status Under the FLSA

On March 15, 2023, in a case of first impression, the United States Court of Appeals for the Third Circuit held that paid time off (PTO) is not part of an employee’s salary. Therefore, the employer did not compromise employees’…more

Department of Labor (DOL), Employer Liability Issues, Employment Litigation, Exempt-Employees, Fair Labor Standards Act (FLSA)

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Marijuana Ballot Initiatives Approved in Five States: What This Budding Trend Means for Employers

On November 3, 2020, five states had initiatives on the ballot to legalize the recreational and/or medical use of marijuana, and all five initiatives easily passed. Arizona, Montana, and New Jersey voted in favor of legalizing…more

Anti-Discrimination Policies, Ballot Measures, Compassionate Use Act, Corporate Counsel, Decriminalization of Marijuana

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Connecticut Update: Recreational Marijuana, Captive Audience Meetings, and Leave Notices Requirements Take Effect July 1, 2022

The Connecticut legislature has been busy in 2021 and 2022. Approximately twelve months ago, it passed legislation effectively legalizing recreational marijuana under Connecticut state law. Very recently, it amended…more

Free Speech, Marijuana, Notice Requirements, Paid Family Leave Law, Paid Leave

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North Carolina Modifies Requirements Governing Pay Notice and Final Wages for Separated Employees

On July 8, 2021, North Carolina Governor Roy Cooper signed Senate Bill (SB) 208, An Act Making Various Changes to the Labor Laws of North Carolina, which includes changes to the pay notice provisions for employees and payment of…more

Employer Liability Issues, Hiring & Firing, Notice Requirements, Recordkeeping Requirements, State Labor Laws

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Different School of Thought, Part V: U.S. Department of Education Attempts to Clarify Scope of Injunctions Barring Enforcement of 2024 Title IX Regulations

The last eight weeks have seen at least six courts issue injunctions barring enforcement of the U.S. Department of Education’s 2024 Title IX Final Rule (the “2024 Rule”). Most injunction orders lack clarity about which higher…more

Colleges, Educational Institutions, Injunctions, Pending Legislation, Preliminary Injunctions

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New Maryland Law Places New Restrictions on Noncompete Agreements for Health Care and Veterinary Professionals

Restrictions on noncompete agreements in the state of Maryland for certain care-related industries have become substantially broader. Under Maryland’s House Bill (HB) 1388, Maryland employers now face greater restrictions…more

Contract Terms, Dentists, Effective Date, Employer Liability Issues, Employment Contract

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DOJ Plans to Reclassify Marijuana From Schedule I to Lower-Risk Schedule III Drug

On April 30, 2024, following a months-long process, the U.S. Department of Justice (DOJ) circulated a proposal to reclassify marijuana from a Schedule I to a Schedule III controlled substance…more

Classification, Controlled Substances, Controlled Substances Act, DEA, Department of Health and Human Services (HHS)

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NLRB’s New Decision Cuts Ties Between Abusive Conduct in the Workplace and Protected Conduct

On July 21, 2020, the National Labor Relations Board issued its decision in General Motors LLC, 369 NLRB No. 127 (2020), overruling decades of precedent granting employees considerable freedom to engage in abusive or offensive…more

Burden-Shifting, Employer Liability Issues, Employment Policies, General Motors, NLRA

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Is Scabby the Rat Headed for a Deflating Experience?

Construction employers and general contractors are all too familiar with Scabby the Rat. The inflatable rat - appearing in sizes of up to a reported 30 feet tall - has infested construction job sites as part of trade union…more

Appeals, Construction Industry, Construction Workers, First Amendment, Municipalities

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Female Employee Not Entitled to ‘All the Way to the Top’ Pay Gap Adjustment, German Regional Labor Court Rules

Despite performing comparable roles, women are frequently remunerated at a lower rate than their male counterparts. The Regional Labor Court of Baden-Württemberg recently decided a case with similar circumstances (judgment of…more

Employer Liability Issues, Gender-Based Pay Discrimination, Germany, International Labor Laws, Pay Gap

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Does the “No-Rehire” Provision in Your Settlement Agreement Restrain the Lawful Practice of a Profession?

When resolving an employment dispute, employers often wish to include a “no-rehire” provision in the settlement agreement. In a typical no-rehire clause, the parties agree that they wish to resolve their dispute and sever any…more

Appeals, Business & Professions Code, Contract Drafting, Contract Negotiations, Contract Terms

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Visas for F and M Students Can Now Be Issued 365 Days Ahead of Program Start Date

On February 23, 2023, the U.S. Department of State updated its guidelines to allow F and M students to apply for their student visas to study in the United States up to 365 days prior to the start date of the program as listed…more

Immigration Procedures, L-Visas, SEVIS, SEVP, Students

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The Employment Law Authority - January/ February 2018

Between September 26, 2017, when for the first time in nearly a decade Republicans controlled the majority at the National Labor Relations Board (NLRB), and December 16, 2017, when Chairman Philip Miscimarra’s term expired and…more

Ambush Election Rules, Boeing, Collective Bargaining, Employee Handbooks, Employee Rights

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California Employers Take Note: Employees Now Have Two Extra Years to File FEHA Claims

Among the numerous worker-protection bills California governor Gavin Newsom signed last month was Assembly Bill (AB) 9, giving employees a two-year extension to file Fair Employment and Housing Act (FEHA) claims. Currently,…more

Administrative Procedure, Best Management Practices, DFEH, Employer Liability Issues, FEHA

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Michigan Supreme Court Reinstates Voter-Initiated Versions of State’s Paid Sick Leave and Minimum Wage Laws

On July 31, 2024, the Michigan Supreme Court reinstated Michigan’s original (2018) voter-initiated versions of the Improved Workforce Opportunity Wage Act (IWOWA) and the Earned Sick Time Act (ESTA)…more

Compliance Dates, Covered Employer, Earned Sick Time, MI Supreme Court, Minimum Wage

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Imperfect or Unlawful Meal and Rest Break Policies Don’t Necessarily Support Class Certification in California

In a favorable opinion for employers, the California Court of Appeal for the Second District concluded the following on December 4, 2019, in David Cacho v. Eurostar, Inc..…more

Appeals, Class Action, Class Certification, Commonality, Compliance

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The Employment Law Authority - January/February 2016

A federal appellate court recently held that an employer did not violate Title VII of the Civil Rights Act when it discharged an employee shortly after she informed her manager that she was pregnant. According to the Fifth…more

Audio Recording, Ban the Box, Criminal Background Checks, Equal Employment Opportunity Commission (EEOC), Fair Labor Standards Act (FLSA)

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Illinois Department of Human Rights Publishes FAQs on Workplace Transparency Act Reporting Mandate

Our September 10, 2019, article on the Illinois Workplace Transparency Act (IWTA) focused on various provisions of the expansive legislation signed into law by Governor J. B. Pritzker on August 9, 2019. Though most provisions of…more

Governor Pritzker, Human Rights, Reporting Requirements, Transparency

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Highlighting Flexibility & Diversity Initiatives: Ogletree Deakins

Recently, Alliance President & CEO Manar Morales spoke with Matt Keen, Managing Shareholder, and Michelle Wimes, Director of Professional Development and Inclusion, at Ogletree, Deakins, Nash, Smoak & Stewart, P.C. about the…more

Diversity, Flex-Time Policies, Law Firm Partners, Law Practice Management

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International Women’s Day 2022: German Employment Law Reforms Promoting Gender Equality

International Women’s Day, which draws attention to women’s rights and gender equality worldwide, has been celebrated since 1911. In order to counteract any inequalities that women may face in the workforce, the German…more

Board of Directors, Corporate Governance, Employer Liability Issues, Federal Labor Laws, Gender Equity

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USCIS Announces Automatic 36-Month Extension Provision for Green Card Holders With Pending I-90 Applications

U.S. Citizenship and Immigration Services (USCIS) has confirmed that it will automatically extend the validity of permanent resident cards (green cards) for lawful permanent residents who have filed Form I-90, Application to…more

Green Cards, Immigration Procedures, Required Forms, Time Extensions, USCIS

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Supreme Court Rules ‘Retaliatory Intent’ Not Required for Securities Whistleblower Protection

On February 8, 2024, the Supreme Court of the United States issued a decision holding that whistleblowers are not required to show “retaliatory intent” to be protected under the Sarbanes-Oxley Act of 2002, differentiating the…more

Adverse Employment Action, Anti-Retaliation Provisions, Retaliation, Sarbanes-Oxley, SCOTUS

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The NLRB’s Latest Mail-Ballot Election Decision Provides Some Light at the End of the Tunnel

​​​​​​​It has been almost two years since the National Labor Relations Board (NLRB) issued its decision in Aspirus Keweenaw in 2020, setting forth the standards that Regional Directors use to determine the efficacy of…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Mail-In Ballots, NLRA, NLRB

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Trump Administration Notifies Congress of Intent to Renegotiate NAFTA

The White House formally notified Congress on Thursday of the Trump administration’s intent to renegotiate the North American Free Trade Agreement (NAFTA). The notification letter from U.S. Trade Representative Robert Lighthizer…more

B-1, Canada, L-1 Visas, Mexico, NAFTA

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A Wolf In Sheep’s Clothing? OFCCP’s New Directive on Expedited Conciliation Procedures

On July 26, 2024, the Office of Federal Contract Compliance Programs (OFCCP) published Directive (DIR) 2024-01, containing a mechanism for conciliating issues found by OFCCP during compliance evaluations through expedited…more

Compliance, Conciliation, Expedited Actions Process, Federal Contractors, OFCCP

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Navigating Employee Retention Credit Denials and Delays

Employee retention credits (ERCs) have been a critical financial lifeline for businesses dealing with the effects of COVID-19. Designed to incentivize businesses to retain employees during the economic downturn caused by…more

CARES Act, Department of Justice (DOJ), Employee Retention, Internal Revenue Code (IRC), IRS

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USCIS Clarifies Criteria for Expedite Requests: Key Changes for 2024

U.S. Citizenship and Immigration Services (USCIS) recently published updated guidance clarifying its expedite request criteria. The latest changes primarily focus on expedite requests related to government interests and…more

Corporate Counsel, Employment Authorization Documents (EAD), Immigration Procedures, Policy Manuals, USCIS

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Election Essentials: An Employer’s Guide to Employee Time Off to Vote in Minnesota, Iowa, South Dakota, and North Dakota

With Election Day approaching, here is a timely reminder for employers in Minnesota, Iowa, South Dakota, and North Dakota regarding their obligations under these states’ laws to excuse employees from work to go to the polls…more

Employee Rights, Presidential Elections, State Labor Laws, Voting Leave, Voting Rights

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USCIS Expands Premium Processing for Certain F-1 Students

On March 6, 2023, U.S. Citizenship and Immigration Services (USCIS) announced “the expansion of premium processing for certain F-1 students seeking Optional Practical Training (OPT) and F-1 students seeking science, technology,…more

Employment Authorization Documents (EAD), F-1 Visa, Foreign Students, Immigration Procedures, OPT

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California Legislature Passes Bill That Would Break New Ground on Pay Transparency Requirements

​​​​​​​California’s legislature has passed a game-changing bill that would impose significant new requirements on employers in that state. The bill, which seeks to up the ante on pay transparency, is now headed to Governor Gavin…more

Disclosure Requirements, Job Ads, Pay Data, Pay Equity Laws, Pay Transparency

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Rhode Island Governor Signs Ban on Nondisclosure, Non-Disparagement Agreements

Rhode Island Governor Daniel McKee has signed a bill that prohibits the use of nondisclosure or non-disparagement agreements regarding civil rights abuses “as a condition of employment.” According to a recent update to the…more

Civil Rights Act, New Legislation, Non-Disclosure Agreement, Non-Disparagement Provisions, State Labor Laws

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Pennsylvania Bans Healthcare Practitioner Noncompete Agreements Longer Than 1 Year

In a major noncompete development for the Commonwealth of Pennsylvania, beginning January 1, 2025, certain noncompete agreements with doctors, registered nurses, and other healthcare practitioners will no longer be enforceable…more

Contract Term, Contract Terms, Effective Date, Health Care Providers, New Legislation

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Notice Requirements Under the FMLA: Federal Court Reinforces Employees’ Obligations to Follow Established Notification Procedures

On June 17, 2021, the U.S. District Court for the District of Oregon issued an opinion and order in Munger v. Cascade Steel Rolling Mills, Inc., addressing an employee’s claims under the Family and Medical Leave Act (FMLA) and…more

Arbitration, Corporate Counsel, Discipline, Employment Litigation, Employment Policies

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Nondisclosure and Nondisparagement Agreements in Sexual Harassment and Assault Cases: Speak Out Act Heads to President’s Desk

On November 16, 2022, the U.S. Congress passed a bill that would limit enforceability of nondisclosure and nondisparagement provisions in pre-dispute agreements with employees and independent contractors relating to sexual…more

Employment Contract, New Legislation, Non-Disclosure Agreement, Non-Disparagement Provisions, Sexual Assault

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San Mateo County Approves Supplemental Paid Sick Leave Ordinance to Assist Employees Impacted by COVID-19

On July 7, 2020, the San Mateo County Board of Supervisors adopted an emergency ordinance to establish supplemental paid sick leave for COVID-19 related reasons. The ordinance took effect on July 8, 2020, and will remain in…more

Coronavirus/COVID-19, Emergency Sick Leave Laws, Families First Coronavirus Response Act (FFCRA), Local Ordinance, Paid Sick Leave

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Global Solutions Episode 3: Go Away! International Travel and Border Restrictions

Employers in the United States that sponsor foreign nationals for work visas may already be familiar with the various barriers their employees are facing when entering the United States during the COVID-19 pandemic. Such…more

Border Closures, Canada, Coronavirus/COVID-19, EU, Executive Orders

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March 2024 Visa Bulletin Again Shows Little Movement

The March 2024 Visa Bulletin has been released by the U.S. Department of State and shows little movement from last month…more

Adjustment of Status, EB-1, EB-2, EB-3, Immigration Procedures

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NLRB Casts Wider Joint-Employer Net With New Final Rule

On October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule for joint-employer status that will make it far more likely for one business to be deemed a joint employer of another business’s employees under…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Federal Labor Laws, Final Rules, Franchises

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It’s June 2023 - Have You Provided Your Chicago Mandatory Annual Harassment Prevention and Bystander Intervention Training?

As we reported last May, the City of Chicago amended its Human Rights Ordinance, on July 1, 2022, to require all employers with employees in Chicago to provide annual training as follows: ..One hour of sexual harassment…more

Anti-Harassment Policies, Bystander, Compliance Dates, Employee Training, Human Rights Act

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Oregon BOLI Updates Daily and Weekly Overtime Guidance for Manufacturers and Other Industries

The Oregon Bureau of Labor and Industries (BOLI) has made an important change to its interpretation of the relationship between two Oregon overtime laws. Under BOLI’s new guidance, nonexempt employees who work in mills,…more

Collective Bargaining Agreements (CBA), Exempt-Employees, Manufacturers, New Guidance, Wage and Hour

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USCIS Issues New Guidance on F and M Student Visa Classifications

On December 20, 2023, U.S. Citizenship and Immigration Services (USCIS) updated its official policy manual chapters on F and M nonimmigrant student classifications…more

E-Verify, F-1 Visa, Immigration Procedures, M-1 Visa, New Guidance

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All Bets Are On in California? The Golden State’s Bid to Legalize Sports Gambling

If you’re gearing up for your fantasy football draft, you might be interested to know that the California Legislature is considering a proposal to legalize sports gambling. Assembly Constitutional Amendment No. 18 is a…more

Constitutional Amendment, Fantasy Sports, Legislative Agendas, March Madness, Sports Gambling

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China Increases Employers’ Responsibilities to Address Discrimination and Sexual Harassment Against Women in the Workplace

China has introduced a new legislative amendment revising the Women’s Protection Law, which was first introduced in 1991, to address workplace gender discrimination and sexual harassment. The amendment, which took effect on…more

China, Employer Liability Issues, Employer Responsibilities, Gender Discrimination, Harassment

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New Guidance Imposes Finding of Misrepresentation for Conduct Inconsistent With Visa Within 90 Days of Entry

The U.S. Department of State (DOS) has issued new guidance establishing a presumption of willful misrepresentation when a foreign national, within 90 days of entry into the United States, engages in conduct that violates the…more

Foreign Nationals, Misrepresentation, New Guidance, Trump Administration, US Department of State

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MSHA Issues Final Powered Haulage Rule

On December 20, 2023, and more than two years after announcing a proposed rule, the Mine Safety and Health Administration (MSHA) issued its much-anticipated final rule regarding safety plans for powered haulage. The rule applies…more

Coal Mines, Compliance, Final Rules, Heavy Equipment, Mine Safety and Health Administration (MSHA)

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Massachusetts SJC Holds That COVID-19–Related Tolling Does Not Extend Time to File a Complaint at the MCAD

On July 11, 2023, the Massachusetts Supreme Judicial Court (SJC) declined to extend its early COVID-19 emergency orders to the time limits established for filing a complaint with the Massachusetts Commission Against…more

Coronavirus/COVID-19, Employment Litigation, Equitable Tolling, MA Supreme Judicial Court, Statute of Limitations

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Fifth Circuit Upholds DOL’s Minimum Salary Requirement for FLSA White-Collar Exemptions

On September 11, 2024, the U.S. Court of Appeals for the Fifth Circuit upheld the U.S. Department of Labor’s (DOL) authority to use a salary basis to define its white-collar overtime exemptions…more

Chevron Deference, Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Loper Bright Enterprises v Raimondo

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Equal Pay Day: Addressing Potential Gender-Based Pay Disparities in the Workplace

The U.S. Equal Employment Opportunity Commission (EEOC) has expressed a renewed intention to enforce federal laws prohibiting discrimination in pay amid a reported persistent “pay gap” between women and men in the United States…more

Audits, Civil Rights Act, Corrective Actions, Data Collection, Equal Employment Opportunity Commission (EEOC)

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New Jersey Employers Now Required to Provide Written Notice Before Using Tracking Devices in Employee Vehicles

On January 18, 2022, New Jersey Governor Phil Murphy signed into law Assembly Bill No. 3950. Under the law, private employers in New Jersey must provide employees with written notice before using tracking devices on vehicles…more

Employee Tracking, Governor Murphy, Notice Requirements

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USCIS Expands Premium Processing to All EB-1 and EB-2 Classifications, Including New Petitions

Beginning January 30, 2023, U.S. Citizenship and Immigration Services (USCIS) will accept Form I-907, Request for Premium Processing Service, for Form I-140, Immigrant Petition for Alien Workers E-13 (EB-1C) multinational…more

EB-1, EB-2, Expedited Actions Process, Foreign Workers, Form I-140 Petitions

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The Trend Continues: New York State Assembly Advances Bill Prohibiting Salary History Inquiries

On June 21, 2017, the New York State Assembly advanced Assembly Bill A2040C, which would restrict an employer’s ability to ask job applicants about their salary histories. If passed, the legislation would amend the New York…more

Anti-Retaliation Provisions, Corporate Counsel, Hiring & Firing, Job Applicants, Pending Legislation

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Florida Enters Phase 3, Reopens Bars and Restaurants

On September 25, 2020, Governor Ron DeSantis announced Florida’s entry into Phase 3 of its coronavirus pandemic reopening plan and issued Executive Order 20-244. The executive order provides that “[n]o COVID-19 emergency…more

Coronavirus/COVID-19, Executive Orders, Governor DeSantis, Re-Opening Guidelines

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Employers Prepare for Thawing ERISA Deadlines

With the pandemic winding down, deadlines for employee benefit plans governed by the Employee Retirement Income Security Act (ERISA) will be resuming. Two different emergencies affect employer-sponsored group health plans: the…more

Benefit Plan Sponsors, COBRA, Coronavirus/COVID-19, Corporate Counsel, Department of Labor (DOL)

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Female Employee Not Entitled to ‘All the Way to the Top’ Pay Gap Adjustment, German Regional Labor Court Rules

Despite performing comparable roles, women are frequently remunerated at a lower rate than their male counterparts. The Regional Labor Court of Baden-Württemberg recently decided a case with similar circumstances (judgment of…more

Employer Liability Issues, Gender-Based Pay Discrimination, Germany, International Labor Laws, Pay Gap

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The NLRB’s New ULP Investigation Procedures: How Will They Affect Your Cases?

On December 7, 2018, National Labor Relations Board (NLRB) General Counsel Peter Robb issued General Counsel Memorandum 19-02, Reducing Case Processing Time (GC 19-02). The memorandum describes significant changes to unfair…more

Administrative Procedure, Corporate Counsel, Employer Liability Issues, NLRB, Unfair Labor Practices

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Legalized Cannabis in Missouri: What Employers Need to Know

​​​​​​​On November 8, 2022, Missouri voters will have the chance to legalize recreational marijuana. The proposed state constitutional amendment, dubbed Amendment 3, would revise and amend the existing provisions regarding the…more

Anti-Discrimination Policies, Decriminalization of Marijuana, Drug Testing, Employer Liability Issues, Proposed Legislation

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Seventh Circuit Joins Third, Sixth, and Eighth Circuits in Limiting Exercise of Personal Jurisdiction in FLSA Collective Actions

On August 16, 2024, the Seventh Circuit Court of Appeals weighed in on whether out-of-state plaintiffs must satisfy personal jurisdiction requirements to participate in a collective action under the Fair Labor Standards Act…more

Bristol-Myers Squibb, Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, Class Action, Class Certification, Collective Actions

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New Jersey Nears Finalization of Temporary Workers Bill of Rights Regulations

The State of New Jersey is on the verge of finalizing its regulations for the Temporary Workers Bill of Rights (TWBR), a significant move that will enhance protections and further equalize compensation for temporary workers…more

Compliance, Equal Pay, Staffing Agencies, State Labor Departments, State Labor Laws

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EEOC Updates ‘EEO Is the Law’ Poster After Nearly 13 Years

​​​​​​​On October 19, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released its “Know Your Rights: Workplace Discrimination is Illegal” poster, updating the “Equal Employment Opportunity is the Law” poster and…more

Employer Mandates, Equal Employment Opportunity Commission (EEOC), Federal Contractors, OFCCP, Posting Requirements

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November 2023 Visa Bulletin Shows Little Movement From October

The November 2023 Visa Bulletin has been released by the U.S. Department of State and shows little movement from last month…more

EB-1, EB-2, EB-3, US Department of State, USCIS

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Construction Chronicles: The Not-So-New and OMB-Approved Monthly Construction Utilization Report

In the spirit of “spooky season,” the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has been “haunting” federal construction contractors with new compliance burdens. With the resurrection of…more

Compliance, Construction Contracts, Construction Industry, Data Collection, EEO-1

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Increased Revenues and Cost Cutting Help USCIS Delay Scheduled Furlough

On August 25, 2020, U.S. Citizenship and Immigration Services (USCIS) announced that the agency will avert a furlough of approximately 13,000 employees, previously scheduled to take place on August 30, 2020. In its announcement,…more

Coronavirus/COVID-19, Furloughs, USCIS

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Current Pandemic-Related Regulations for Business Travel to the United States, Germany, and the EU

Recently, due to the availability of COVID-19 vaccines, many countries decided to lift their entry restrictions or change them in such a way that travelers who had recovered from COVID-19 infections or been vaccinated were…more

Biden Administration, Business Travel, Coronavirus/COVID-19, Customs and Border Protection, Employee Rights

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Federal Court Upholds Enforcement of Grocery Store’s Face-Covering Policy Over Customer Claims of Disability Discrimination

A Pennsylvania district court delivered good news for retailers struggling to balance enforcement of their face mask policies against the rights of customers who assert that their disabilities (or other factors) excuse them from…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Disability Discrimination, Grocery Stores, Masks

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COVID-19 and the Form I-9: Preparing for the End of Remote Document Verification

Early in the COVID-19 pandemic, the U.S. Department of Homeland Security (DHS) authorized U.S. employers with employees who are taking physical proximity precautions to remotely inspect identity and work authorization documents…more

Coronavirus/COVID-19, Department of Homeland Security (DHS), Employment Authorization Documents (EAD), Form I-9, Immigration Procedures

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Illinois Governor Signs Law Prohibiting Privacy Act Per-Scan Damages

On August 2, 2024, Illinois Governor JB Pritzker signed a law that clarifies that the state’s Biometric Information Privacy Act (Privacy Act or BIPA) does not provide for per-scan damages, legislatively overruling the Supreme…more

Biometric Information, Biometric Information Privacy Act, Calculation of Damages, Damages, E-Signatures

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Mapping the Impact From USCIS’s Surprise Suspension of H-1B Premium Processing

On March 3, 2017, U.S. Citizenship and Immigration Services (USCIS) unexpectedly announced that it will temporarily suspend its premium processing service for all H-1B petitions received on or after April 3, 2017. The premium…more

Employment Authorization Documents (EAD), F-1 Visa, H-1B, International Travel, USCIS

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European Commission Adopts Two New Sets of Standard Contractual Clauses: What Employers Need to Know

On June 4, 2021, the European Commission adopted two new sets of standard contractual clauses (SCCs): one for data transfers from data controllers to data processors and one for data transfers from data exporters to data…more

Compliance, Corporate Counsel, Data Controller, Data Processors, Data Protection

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The Latest OFCCP News: VEVRAA Coverage, Outreach Poster, and Approaching Deadlines

On July 2, 2015, the Federal Acquisition Regulatory Council amended the jurisdictional threshold for coverage under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). Currently, a contractor with a single contract…more

Affirmative Action, EEO-1, Federal Acquisition Regulations (FAR), Federal Contractors, OFCCP

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Ogletree Governmental Affairs State Round-Up

In the past few months, a number of state and local developments have emerged that are likely to resonate across the country. The following is a tour of some of the most recent and significant state-specific legislation, legal…more

Commercial Truck Drivers, Commuter Tax Benefits, Franchisee, Independent Contractors, Minimum Wage

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Tenth Circuit Upholds Employer’s Inflexible Leave Policy

Equal Employment Opportunity Commission (EEOC) guidance provides that employers violate the Americans with Disabilities Act (ADA) by enforcing inflexible policies with specified leave limits. The EEOC has filed lawsuits against…more

Americans with Disabilities Act (ADA), Employer Liability Issues, Employment Policies, Equal Employment Opportunity Commission (EEOC), Hiring & Firing

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H-4 Work Authorization Protections Upheld: Save Jobs USA v. U.S. Department of Homeland Security

A recent ruling in the U.S. District Court for the District of Columbia provides added protection and work authorization safeguards for H-4 spouses of H-1B visa holders facing potential lawsuits and administrative challenges. …more

Department of Homeland Security (DHS), Employment Authorization Documents (EAD), Foreign Nationals, H-1B, H-4

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Traveling for the Holidays: Planning for Successful International Travel This Season for Foreign Nationals

With the pandemic finally drawing closer to an end, many foreign nationals may use the first opportunity they have had in years to plan international travel this holiday season. In order to avoid any unnecessary hiccups when…more

Centers for Disease Control and Prevention (CDC), Customs and Border Protection, Foreign Nationals, Holidays, Immigration Procedures

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Trending in East Asia: Digital Nomad Visas

The use of digital nomad visas is a new trend gaining momentum in East Asia. These visas give individuals the legal right to work remotely while residing away from their countries of permanent residence…more

Asia, Background Checks, Compliance, Criminal Background Checks, Japan

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Canada COVID-19 Update: Paid Vaccination Leave and Provincial Travel Restrictions

As more Canadians become eligible for COVID-19 vaccines, provinces across Canada are implementing paid COVID-19 vaccination leave policies to incentivize workers to become vaccinated as soon as possible. These leave policies are…more

Canada, Coronavirus/COVID-19, Paid Leave, Travel Restrictions, Vaccinations

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California Bill Would Require Employees in Outdoor Industries to Be Certified in Heat Illness Prevention

On February 8, 2024, California Assembly Member Joaquin Arambula (D-31) introduced legislation to require employees to obtain heat illness prevention certification from the California Division of Occupational Safety and Health…more

Cal-OSHA, Employer Liability Issues, Employment Policies, Health and Safety, Heat Exposure

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The NLRB Throws a Flag on NCAA Division I Football and Explains Some Rules to Colleges and Universities

In an official memorandum entitled “General Counsel’s Report on the Statutory Rights of University Faculty and Students in the Unfair Labor Practice Context,” the National Labor Relations Board (NLRB) General Counsel Richard F…more

College Athletes, Colleges, Columbia University, Employee Rights, Football

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It’s 2:35 p.m. Do You Know (Or Care) Where Your Employees Are?

Today, technological advances make it easier for companies to track exactly where their products are at any given time. These same advances have given employers a similar opportunity to track their employees. Global positioning…more

Employee Rights, Employee Tracking, Technology

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Eleventh Circuit Limits General Duty Clause’s Applicability When a Specific Safety Standard Exists for a Particular Hazard

On May 30, 2023, the U.S. Court of Appeals for the Eleventh Circuit issued a significant decision addressing the Occupational Safety and Health Administration’s (OSHA) use of the “General Duty Clause.” The decision limits OSHA’s…more

Administrative Law Judge (ALJ), General Duty Clause, OSH Act, OSHA, Regulatory Agencies

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Employer Alert: Texas Reaches $1.4B Settlement Over Allegations of Violation of Biometric Information Privacy Law

The landmark $1.4 billion settlement reached by the state of Texas and a social media company to settle allegations that the company’s platform unlawfully scanned the faces of millions of users in Texas serves as a warning to…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Data Privacy, Employer Liability Issues

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OSH Law Primer, Part IX: Hazard Communication

This is the ninth installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and Health Administration…more

Chemicals, Final Rules, Globally Harmonized System, Hazardous Communication Standard, Hazardous Substances

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2024 Midyear State and Local Minimum Wage Increases

Several state and local minimum wage rates will soon increase, beginning on July 1, 2024. This article provides the state and major locality minimum wage increases for mid-2024 only, along with related changes in the minimum…more

Corporate Counsel, Local Ordinance, Minimum Wage, State Labor Laws, Wage and Hour

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With New Record and Transcribe Tools, Should Employers Be Concerned?

New advanced features built into smartphones, mobile devices, and other applications allow individuals to record and transcribe phone calls and meetings more easily than ever before. While such tools can improve employee…more

Artificial Intelligence, Audio Recording, Automated Systems, Consent, Employer Liability Issues

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OFCCP Advises Educational Institutions to Update Registration Information in Contractor Portal

​​​​​​​On August 24, 2022, the Office of Federal Contract Compliance Programs (OFCCP) announced that it had updated its guidance for educational institutions with federal contracts and/or subcontracts. The updated guidance is…more

Educational Institutions, Federal Contractors, Guidance Update, OFCCP, Portal

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President Trump Replaces Expired Travel Ban With New Restrictions on Eight Countries

On September 24, 2017, President Donald Trump issued a proclamation detailing updated travel restrictions on foreign nationals from eight countries: Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, and Somalia. The new…more

Department of Homeland Security (DHS), Executive Orders, Foreign Nationals, Refugees, Travel Ban

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It’s Official: Employers in Japan Must Convert Some Fixed-Term Employment Contracts to Indefinite Status

Last month, Japan’s restrictions on fixed-term employment contracts took effect, and employees with at least five years of service with an employer can now be considered indefinite-term employees upon the expiration of their…more

China, Employment Contract, Fixed-Term Labor Contracts, France, Hiring & Firing

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The ACA Is Alive and Well: Updates to Mandated Preventive Health Care Services Issued for 2018

The Patient Protection and Affordable Care Act of 2010 (ACA) revolutionized the U.S. healthcare system. Among the many major changes the ACA introduced was mandatory first coverage of preventive care services required for most…more

Affordable Care Act, Employer Group Health Plans, Health Insurance, Preventive Health Care

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Employers Face New Area of Potential Liability in Genetic Information Privacy Claims

Employers are facing new potential legal risks under the federal Genetic Information Nondiscrimination Act of 2008 (GINA) and the Illinois Genetic Information Privacy Act (GIPA) over inquiries in routine employment physicals in…more

Covered Entities, DNA, Employer Liability Issues, Genetic Discrimination, Genetic Testing

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Colorado Issues Official INFO Guidance on Pay Transparency Amendments

Amendments to Colorado’s Equal Pay for Equal Work Act (EPEWA) that will take effect on January 1, 2024, have placed significant new burdens on employers by (a) expanding internal notification requirements to all “job…more

Colorado, Equal Pay, Job Applicants, Notification Requirements, Pay Rates

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MSHA Weighs in on the Future of Autonomous Mining Equipment

The safety and health committee of the Nevada Mining Association (NMA) recently met with top Mine Safety and Health Administration (MSHA) officials to discuss the safety of Nevada’s underground and surface metal/nonmetal mining…more

Drones, Employer Liability Issues, Mine Safety and Health Administration (MSHA), Mining, Technology

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Employment-Based Petitions Exempt (at Least for Now) Under New NTA Policy

Beginning October 1, 2018, U.S. Citizenship and Immigration Service (USCIS) will begin a staggered rollout of a new notice to appear (NTA) policy. The first phase of the rollout does not include employment-based petitions…more

DACA, Immigration and Customs Enforcement (ICE), Immigration Procedures, Notice to Appear, USCIS

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When Is The Medium (NOT) The Message? NLRB Prohibits Acute Care Hospital From Banning Picketing Unless Distressful To Patients

In Capital Medical Center 364 NLRB No. 69 (August 12, 2016), a majority of the Board recently concluded that a hospital violated Section 8(a)(1) of the NLRA, by threatening to discipline and arrest picketers and by summoning the…more

Best Management Practices, Employer Liability Issues, NLRA, Protected Concerted Activity, Right to Picket

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Defending Employers’ Access to Legal Advice: Comments Filed Supporting DOL’s Rescission of Controversial Persuader Rule

August 11, 2017, was the deadline for interested parties to submit comments regarding the U.S. Department of Labor’s (DOL) proposal to formally rescind its controversial persuader rule, which was issued in 2016 under the Obama…more

Collective Bargaining, Comment Period, Department of Labor (DOL), Final Rules, Injunctions

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MSHA Jurisdiction May Extend Beyond Mine Property - But How Far?

Clearly, 2–1 decisions can cut both ways. Mining industry observers will remember that in April 2022, the Federal Mine Safety and Health Review Commission (FMSHRC), in Secretary of Labor v. KC Transport, Inc.—a 2–1…more

Department of Labor (DOL), Heavy Equipment, Jurisdiction, Mine Act, Mine Safety and Health Administration (MSHA)

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Missouri Goes Green: What Employers Need to Know About the State’s New Medical Marijuana Law

Missouri residents recently voted in favor of legalizing medical marijuana. Amendment 2, the Medical Marijuana and Veteran Healthcare Services Initiative, overwhelmingly passed on November 6, 2018, amending the Missouri…more

Constitutional Amendment, Decriminalization of Marijuana, Employment Policies, Marijuana, Medical Marijuana

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Department of State Extends Validity of National Interest Exceptions for Persons Subject to COVID-19 Travel Restrictions

On June 29, 2021, the U.S. Department of State extended the period of validity for national interest exceptions (NIE) for travelers entering the United States from an area subject to ongoing COVID-related travel bans. …more

Coronavirus/COVID-19, Customs and Border Protection, ESTA, International Travel, National Interest Waiver

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New Jersey Governor Signs Temporary Worker Protections Law

On February 6, 2023, New Jersey Governor Phil Murphy signed a controversial bill known as the “Temporary Workers Bill of Rights” that seeks to equalize the compensation of temporary workers with that of regular employees,…more

Employer Liability Issues, Governor Murphy, New Legislation, Staffing Agencies, State Labor Laws

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The First Circuit's FWW Decision and Its Impact on Oilfield Employers

On February 12, 2016, the First Circuit Court of Appeals affirmed a lower court’s decision that an employer may use the fluctuating workweek (FWW) method to calculate overtime pay rates even when an employee’s weekly pay varies…more

Employee Commissions, Oil & Gas, Performance Incentives, Wage and Hour, Work Schedules

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2022 Changes to Michigan’s Paid Medical Leave: ‘Back to the Future’? Well, Not So Fast!

The Michigan Court of Claims issued a stay of its July 19, 2022, decision in Mothering Justice v. Nessel that had reinstated ballot initiatives that would have drastically changed the state’s paid medical leave and minimum wage…more

Ballot Measures, Medical Leave, Minimum Wage, Paid Sick Leave, Sick Leave

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AB 2257 Enacts Significant Changes to AB 5 on Classification of Workers as Independent Contractors

California’s statute governing the classification of independent contractors, enacted under Assembly Bill (AB) 5, underwent a significant renovation on September 4, 2020, when Governor Gavin Newsom signed AB 2257. The emergency…more

ABC Test, Borello Test, Employee Definition, Exemptions, Gig Economy

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New Mexico’s Expanded Employment Protections for Medical Marijuana Users

In recent months, the New Mexico Legislature enacted legislation expanding employment protections for medical marijuana users. Recent changes to the Lynn and Erin Compassionate Use Act, New Mexico’s medical marijuana law, expand…more

Compassionate Use Act, Drug Testing, Employer Liability Issues, Marijuana, Medical Marijuana

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Columbus, Ohio’s Salary History Ban Goes Live on March 1, 2024: Are You Ready?

Employers in Columbus, Ohio, will be prohibited from asking job applicants about their salary histories under a city ordinance that takes effect on March 1, 2024…more

Effective Date, Employer Liability Issues, Hiring & Firing, Job Applicants, Local Ordinance

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Correction to Federal Register Notice: Fiscal Year 2026 Diversity Visa Lottery Closes on November 7, 2024

On October 28, 2024, the U.S. Department of State announced a correction to an error in the Federal Register and thereby changed the deadline to register for the fiscal year (FY) 2026 Diversity Visa (DV) lottery from November 5,…more

Deadlines, Diversity Lottery, Federal Register, Registration, Visas

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Happy New Year from the IRS!

For the many employers and health care providers that have thus far been spending their holidays poring over the Affordable Care Act’s (ACA) new tax forms and their cryptic instructions in anticipation of the inaugural round of…more

Affordable Care Act, Applicable Large Employers (ALE), Employer Mandates, Filing Deadlines, IRS

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Iowa Strengthens Medical and Religious Exemptions From Vaccine Policies, Permits Individuals Discharged for Refusing Vaccines to Qualify for Unemployment Benefits

On October 29, 2021, Iowa Governor Kim Reynolds signed House File 902 into law, a measure that requires Iowa employers with mandatory COVID-19 vaccine policies to waive their requirements for employees who seek vaccination…more

Americans with Disabilities Act (ADA), Biden Administration, Coronavirus/COVID-19, Governor Reynolds, New Legislation

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Fifth Circuit Weighs in for the First Time Since COVID-19 as to When Remote Work Can Be Reasonable Accommodation

Fifth Circuit precedent recognizes the “general consensus among courts” that regular, in-person work is an essential function of most jobs. Yet the continued viability of this premise has been in question, given the ability of…more

Americans with Disabilities Act (ADA), Appellate Courts, Commute Time, Coronavirus/COVID-19, Corporate Counsel

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Texas Supreme Court Issues Two Key Pro-Arbitration Decisions

Arbitration agreements are intended to expedite the legal process while minimizing fees and costs. In reality, former employees and their counsel often resist submitting their employment claims to arbitration, resulting in…more

Appeals, Arbitration, Arbitration Agreements, Discovery, Discrimination

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Navigating Employee Retention Credit Denials and Delays

Employee retention credits (ERCs) have been a critical financial lifeline for businesses dealing with the effects of COVID-19. Designed to incentivize businesses to retain employees during the economic downturn caused by…more

CARES Act, Department of Justice (DOJ), Employee Retention, Internal Revenue Code (IRC), IRS

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USCIS Reverts to 180-Day Automatic Extension of Employment Authorization for Certain Renewal Applicants

U.S. Citizenship and Immigration Services (USCIS) has ended its temporary 540-day automatic extension period for filing certain employment authorization documents (EAD). USCIS has reverted to the original 180-day period for…more

Asylum, Employment Authorization Documents (EAD), Immigration Procedures, Temporary Protected Status, USCIS

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Termination Clauses in Ontario - Precise Language Can Help Limit Employers’ Liability

In Canada, if an employer wishes to terminate an employee without cause, it must provide notice or pay in lieu thereof. In other words, unlike in the United States, Canada does not have employment at-will…more

Canada, Contract Terms, Employer Liability Issues, Employment Contract, Employment Standards Act

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USCIS Extends Suspension of Biometrics Requirement for Certain Nonimmigrant Dependent Applications

On April 19, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that the temporary suspension of the biometrics requirement for certain individuals filing Form I-539, Application to Extend/Change Nonimmigrant…more

Biometric Information, Immigration Procedures, Non-Immigrant Visas, Required Forms, Time Extensions

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Employer Considerations for Responding to Right of Access Requests Under Article 15 of the GDPR

In 2023, the European Court of Justice (ECJ) clarified the limits of applicants’ right of access requests under Article 15 of the European Union’s General Data Protection Regulation (GDPR) in landmark decisions with far-reaching…more

Data Protection, Employee Training, EU, EU Data Protection Laws, European Court of Justice (ECJ)

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Election Essentials: An Employer’s Guide to Employee Time Off to Vote in Minnesota, Iowa, South Dakota, and North Dakota

With Election Day approaching, here is a timely reminder for employers in Minnesota, Iowa, South Dakota, and North Dakota regarding their obligations under these states’ laws to excuse employees from work to go to the polls…more

Employee Rights, Presidential Elections, State Labor Laws, Voting Leave, Voting Rights

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Whistleblower Update: SEC, DOJ Still Focusing on Employment Agreements and Written Policies, Off-Channel Communications

The U.S. Securities and Exchange Commission (SEC) brought more actions targeting regulated entities for recordkeeping violations related to employees using noncompany communications platforms, and both the SEC and the U.S…more

Civil Monetary Penalty, Corporate Misconduct, Corruption, Credit Rating Agencies, Department of Justice (DOJ)

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NLRB Restores Order to the “Dynamic Status Quo”

On August 22, 2019, a three-member panel of the National Labor Relations Board (NLRB) ruled unanimously in favor of the Pittsburgh Post-Gazette, dismissing an unfair labor practice charge filed by seven unions that represent…more

Administrative Hearings, Administrative Law Judge (ALJ), Collective Bargaining Agreements (CBA), Contract Terms, Corporate Counsel

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Mexican National Commission on Minimum Wages Approves an Increase to the 2019 Daily General Minimum Wage and Further Establishes Two Different Geographic Areas for Its Application

In December 2018, the Mexican National Commission on Minimum Wages (Comisión Nacional de los Salarios Mínimos, or CONASAMI) issued a resolution to increase the daily general minimum wage (DGMW) beginning on January 1, 2019. This…more

Mexico, Minimum Wage, Wage and Hour

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Massachusetts Superior Court Finds Incentive Payment Under Profit-Sharing Scheme Is Not a Commission Under Wage Act

On January 31, 2024, in Mehra v. Boston Globe Media Partners, LLC, a Massachusetts Superior Court judge held that a percent-of-profit incentive payment under a profit-sharing scheme is not a commission subject to the…more

Breach of Contract, Business Profits, Covenant of Good Faith and Fair Dealing, Employment Litigation, Executive Compensation

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NLRB Adopts Standard Critical of Employer Workplace Rules, Handbooks

On August 2, 2023, the National Labor Relations Board (NLRB) adopted a new burden-shifting standard for evaluating whether work rules infringe upon employees’ rights under Section 7 of the National Labor Relations Act…more

Employee Handbooks, Employee Rights, Employment Policies, Labor Regulations, Labor Relations

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Biden Administration’s Current U.S. Travel Restrictions and Revised National Interest Exception Criteria

The ongoing COVID-19 pandemic has resulted in numerous presidential proclamations restricting travel and entry into the United States. Likewise, since the pandemic began, the criteria for “national interest exceptions” (NIEs)…more

Biden Administration, Coronavirus/COVID-19, Executive Orders, Foreign Nationals, International Travel

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Illinois Department of Human Rights Releases Its Model Sexual Harassment Prevention Training

It is now easier for employers to comply with the recent amendment to the Illinois Human Rights Act (IHRA) requiring employers to provide sexual harassment prevention training to employees by December 31, 2020 (and annually…more

Employee Training, Employer Liability Issues, Sexual Harassment

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Employers May Rescind Previously Protected Leave Under the Oregon Family Leave Act by June 1, 2024

On March 20, 2024, Governor Tina Kotek signed into law Senate Bill 1515, which eliminated some qualifying reasons for leave under the Oregon Family Leave Act (OFLA) that overlapped with qualifying reasons for leave under Paid…more

Employee Benefits, Employer Liability Issues, Employment Policies, Oregon, Paid Family Leave Law

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President Trump’s Sanctuary City Executive Order blocked by California Judge

In the latest blow to President Trump’s immigration agenda, on Tuesday a federal judge in California blocked the Trump administration’s threat to withhold federal funds from so-called “sanctuary jurisdictions.” U.S. District…more

Constitutional Challenges, Executive Orders, Federal Funding, Immigration Reform, Preliminary Injunctions

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California Appellate Court Rules That Purely Digital Retail Businesses Are Not Covered Under the Unruh Civil Rights Act

​​​​​​​On August 1, 2022, the Court of Appeal of the State of California, in Martinez v. Cot’n Wash, Inc., resolved two outstanding issues in the website accessibility field in a way that limits the reach of the Unruh Civil…more

Americans with Disabilities Act (ADA), Brick-and-Mortar Stores, Internet Retailers, Online Platforms, Public Accommodation

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U.S. House Judiciary Committee Approves Legislation Creating Civil Cause of Action Under Federal Trade Secrets Protection Act

Federal trade secret legislation may be closer than you think. On September 17, 2014, the Judiciary Committee of the U.S. House of Representatives approved H.R. 5233, the Trade Secrets Protection Act of 2014, with one amendment…more

Amended Legislation, Legislative Committees, Pending Legislation, Private Right of Action, Trade Secrets Protection Act of 2014

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Two More New Jersey Towns Pass Paid Sick Leave Ordinances

Citing the lack of paid sick time for private-sector workers and the goals of reducing health care expenditures and promoting a healthier and more productive workforce, the towns of Morristown and Plainfield, New Jersey,…more

Employee Benefits, Local Ordinance, Paid Leave, Sick Leave, Wage and Hour

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Court: Employers Can’t Stall Subpoenas to Run out OSHA’s Enforcement Clock

Employers consider many factors when choosing whether to challenge investigatory subpoenas. They now have an additional consideration: whether a court might grant the Occupational Safety and Health Administration (OSHA) more…more

Enforcement Actions, Equitable Tolling, OSHA, Statute of Limitations, Subpoenas

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Employers in Finland Have Little Time Left to Take Advantage of Employment Contracts Act Amendments Transition Period

Employers in Finland have a deadline of December 31, 2022, to double-check their pre-2022 employment contracts for noncompetition clauses and to waive them before the end of the transition year, if necessary…more

Employment Contract, Finland, Non-Compete Agreements, Non-Solicitation Agreements, Restrictive Covenants

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Temporary Suspension of USCIS ‘Premium Processing’ for H-1B Extensions

On May 19, 2015, U.S. Citizenship and Immigration Services (USCIS) announced a temporary suspension of its “premium processing” program as it relates to H-1B extensions in the United States. The suspension will be in effect from…more

H-1B, Hiring & Firing, Human Resources Professionals, Immigration Procedures, USCIS

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Ogletree Governmental Affairs State Round-Up

In the past few months, a number of state and local developments have emerged that are likely to resonate across the country. The following is a tour of some of the most recent and significant state-specific legislation, legal…more

Commercial Truck Drivers, Commuter Tax Benefits, Franchisee, Independent Contractors, Minimum Wage

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Virginia Overtime Wage Act: How Employers Can Prepare for the July 1 Effective Date

The Virginia Overtime Wage Act (VOWA), Va. Code § 40.1-29.2, becomes effective July 1, 2021, and will significantly alter employers’ wage and hour obligations in Virginia. At first glance, the VOWA appears to track federal law…more

Day Laborers, Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Fluctuating Workweek

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Michigan Court of Appeals Rules in Favor of Employer in Medical Marijuana Case

On February 19, 2019, the Michigan Court of Appeals issued a ruling in Eplee v. City of Lansing, clarifying that the Michigan Medical Marihuana Act (MMMA) does not create “an independent right protecting the medical use of…more

Appeals, Corporate Counsel, Drug-Free Workplace Act, Employment Policies, Marijuana

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Nevada Amends Restrictive Covenant Statute

On May 25, 2021, Nevada Governor Steve Sisolak signed into law Assembly Bill (AB) 47, which amends Nevada’s noncompetition statute, NRS 613.195 and the Nevada Unfair Trade Practices Act. The changes will go into effect on…more

Employer Liability Issues, Employment Contract, Governor Sisolak, Hiring & Firing, Intellectual Property Protection

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Indiana Approves Restrictions on Employer Vaccine Mandates: What Employers Need to Know

On March 3, 2022, the Indiana General Assembly passed House Bill 1001, which restricts employer COVID-19 vaccine mandates. This legislation - which was controversial out of the gate - was toned down significantly by the Senate…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Federal Contractors, Federal Employees

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European Commission Adopts Two New Sets of Standard Contractual Clauses: What Employers Need to Know

On June 4, 2021, the European Commission adopted two new sets of standard contractual clauses (SCCs): one for data transfers from data controllers to data processors and one for data transfers from data exporters to data…more

Compliance, Corporate Counsel, Data Controller, Data Processors, Data Protection

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Supreme Court Stays OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard

On Thursday, January 13, 2022, the Supreme Court of the United States stayed the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). The Court remanded the…more

Administrative Authority, Biden Administration, Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Coronavirus/COVID-19

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Minnesota Governor Signs Labor Funding, Noncompete Ban Bill Into Law

On May 24, 2023, Minnesota Governor Tim Walz signed into law a sweeping omnibus jobs and economic development and labor funding bill that will invest $500 million in a fund to match federal investments in infrastructure and…more

Economic Development, Employer Liability Issues, Employment Contract, Hiring & Firing, New Legislation

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Employees of Federally Regulated Employers in Québec Will Have the Right to Carry Out Their Work in French

Bill C-13, An Act to amend the Official Languages Act, to enact the use of French in federally regulated private businesses Act and to make related amendments to other Acts, was granted Royal Assent on June 20, 2023. The act…more

Airlines, Amended Legislation, Banks, Canada, Covered Employees

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Nevada Employer Alert: Two-Tiered Minimum Wage Retiring With Final Increase to $12 per Hour Effective July 1, 2024

Nevada’s minimum wage is set to increase to $12 per hour on July 1, 2024, with what is the final incremental increase under legislation passed in 2019. With this final increase, thanks to a November 2022 ballot measure, Nevada’s…more

Effective Date, Minimum Wage, Over-Time, State Labor Laws, Wage and Hour

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NCAA Athletes as Employees Could Raise Immigration Concerns for International Students

A recent National Labor Relations Board (NLRB) ruling that the men’s college basketball players at Dartmouth College were employees of the school, as well as other legal challenges to establish the employment status of college…more

College Athletes, Educational Institutions, Foreign Students, Immigration Procedures, NCAA

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Technology and Trends in the Healthcare Industry, Part II: Answers on Independent Contractor Status for Healthcare Employers

With the rise of apps and websites providing on-demand healthcare, there is little doubt that the use of independent contractors is a hot topic in the healthcare industry. The ability of skilled professionals to freelance is an…more

Employee Definition, Employer Liability Issues, Healthcare Facilities, Hospitals, Independent Contractors

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Vermont Becomes Fifth State to Require Paid Sick Leave

On March 9, 2016, Vermont Governor Peter Shumlin signed into law a measure that will make Vermont the fifth state to require employers to provide paid sick leave. Vermont’s new sick leave law bears similarities to some other…more

Employer Liability Issues, New Legislation, Paid Leave, Paid Sick Leave Act, Safe Leave

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New York City Amends Fair Chance Factors Under Ban-the-Box Law

On December 10, 2020, the New York City Council amended New York City’s Fair Chance Act (FCA), also known as the “ban the box” law. The recently enacted amendments will take effect on July 29, 2021…more

Adverse Employment Action, Amended Legislation, Ban the Box, Conditional Job Offers, Criminal Background Checks

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San Francisco’s COVID-19 Response: Emergency Back-to-Work Ordinance Requires Reemployment of Laid-Off Workers

On June 23, 2020, the San Francisco Board of Supervisors passed the “Back to Work” emergency ordinance. The ordinance requires certain San Francisco employers to offer reemployment to covered employees who were subjected to…more

Coronavirus/COVID-19, Employer Responsibilities, Layoffs, Local Ordinance, Popular

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USCIS Announces H-1B Cap Lottery Results for Fiscal Year 2025

On March 27, 2024, U.S. Citizenship and Immigration Services (USCIS) began to release the fiscal year (FY) 2025 H-1B cap lottery results following an announcement that it had received enough registrations during the initial…more

H-1B, Highly-Skilled Workers Visa, Immigration Procedures, Lottery, USCIS

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The Upcoming Presidential Election and the Unique Challenges to Workplaces It Presents

Your employees, similar to the rest of the world, likely are riveted by one of the most hotly contested and controversial elections in U.S. history: the 2016 presidential campaign. Regardless of whether your employees are with…more

Best Management Practices, Equal Employment Opportunity Commission (EEOC), Presidential Elections

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The Ninth Circuit Speaks Out on Mental Health Parity

On April 11, 2024, the U.S. Court of Appeals for the Ninth Circuit, in Ryan S. v. UnitedHealth Group, Inc., set a very broad pleading standard to allege a violation of the Paul Wellstone and Pete Domenici Mental Health Parity…more

Algorithms, Claims Processing Systems, Health Insurance, Mental Health, Mental Health Parity Rule

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COVID-19 & Cyber Security: Protecting Trade Secrets and Confidential Information During the Telework Boom

In response to the COVID-19 pandemic, some parts of the country are now in the third month of a lockdown. As a result of the lockdown, a large portion of U.S. businesses quickly transitioned their workforces to telework in the…more

Confidential Information, Coronavirus/COVID-19, Cybersecurity, Remote Working, Telecommuting

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October 2024 Visa Bulletin Shows Some Advancement in Key Employment-Based Categories, Though EB-3 China Retrogresses

The October 2024 Visa Bulletin has been released by the U.S. Department of State and shows some encouraging movement forward from last month in many key categories. However, EB-3 China retrogresses and there is some…more

China, EB-3, Filing Deadlines, Immigration Procedures, India

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Texas Firearm Carry Act of 2021: Can Employers Bar Employees From Carrying Guns Onto Work Premises?

Texas Governor Greg Abbott is expected to sign the Firearm Carry Act of 2021 (House Bill 1927) into law. Texas will join several other states that have enacted or plan to enact similar permitless, “constitutional carry” statutes…more

Firearms, Governor Abbott, Gun Laws, New Legislation, Second Amendment

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Dallas Paid Sick Leave Ordinance Enjoined on Eve of Enforcement

The Dallas paid sick leave ordinance was enjoined less than two days before the City of Dallas was set to begin full enforcement. U.S. District Judge Sean Jordan enjoined the ordinance on March 30, 2020…more

Constitutional Challenges, Local Ordinance, Paid Leave, Preliminary Injunctions, Sick Leave

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Seventh Circuit Ruling Reminds Courts Not to Draw ‘Narrow’ Comparisons in Title VII Cases

On October 26, 2022, the U.S. Court of Appeals for the Seventh Circuit handed employers another reminder of the potential benefits of consistent management. In Dunlevy v. Langfelder, the Seventh Circuit upheld the appeal of a…more

Corporate Counsel, Disparate Treatment, Employee Misconduct, Employer Liability Issues, Employment Discrimination

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Happy Canada Day for Employers: Ontario to Reverse Changes to Public Holiday Pay Legislation

Many employers, particularly those that employ a significant number of part-time and casual workers, will be quite pleased by the Ontario government’s decision to reverse a controversial part of the amendments to labour and…more

Canada, Holiday Pay, Ministry of Labour, Part-Time Employees, Wage and Hour

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Fifth Circuit Enforces Delegation Clause, Directs Arbitrator to Determine Whether FLSA Case Should Be Arbitrated

In a recent ruling, the Fifth Circuit Court of Appeals reversed a district court’s refusal to enforce an arbitration agreement’s “delegation clause” requiring the determination of arbitrability to be decided by an arbitrator…more

Arbitration Agreements, Arbitrators, Contract Amendments, Corporate Counsel, Delegation Clauses

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Holiday Gift for Oregon Employers: Security Screenings Are Not Compensable Absent Contract, Custom, or Practice

On December 15, 2022, the Oregon Supreme Court gave employers important clarity regarding compensable work time in Buero v. Amazon.com Services, Inc. The plaintiff in Buero, a warehouse employee, claimed that Amazon had…more

Amazon, CA Supreme Court, Employment Litigation, Employment Policies, Fair Labor Standards Act (FLSA)

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Sixth Circuit Extends Ban of Contractually Shortened Limitations Periods to ADA and ADEA Claims

The U.S. Court of Appeals for the Sixth Circuit, the appellate court responsible for the federal district courts of Michigan, Ohio, Kentucky, and Tennessee, recently made clear that claims asserted under the Americans with…more

ADEA, Americans with Disabilities Act (ADA), Appeals, Claims Limitations Period, Contract Terms

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It’s Back: NLRB Overturns Specialty Healthcare, Returns to Traditional Community-of-Interest Standard

On December 15, 2017, a divided National Labor Relations Board (NLRB) issued a significant decision in PCC Structurals, Inc., 365 NLRB No. 160, overturning the controversial “overwhelming community-of-interest” test from…more

Bargaining Units, Collective Bargaining, Community of Interest, NLRA, NLRB

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Supply Chain Attacks in the UK: Reducing Risk and Preparing for Upcoming Legal Changes

Effective information security is no longer just dependent on an organisation’s own internal cybersecurity controls. The UK Information Commissioner’s Office (ICO) highlights that third-party service providers are processing an…more

Cybersecurity, Data Privacy, Data Protection Authority, Digital Services, Due Diligence

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Seventh Circuit Finds Five-Year Sale-of-Business Noncompete Agreement Valid

In E.T. Products, LLC v. D.E. Miller Holdings, Inc., the Seventh Circuit Court of Appeals recently held that noncompete agreements signed by sellers of a business were enforceable under Indiana law, but the sellers did not…more

Appeals, Breach of Contract, Corporate Counsel, Non-Compete Agreements, Restrictive Covenants

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Supreme Court Will Consider Whether Employers Have Heightened Burden for Demonstrating Overtime Exemption

On June 17, 2024, the Supreme Court of the United States decided to hear a wage and hour case concerning whether employers must meet a higher burden of proof to demonstrate that workers are exempt from the minimum wage and…more

Burden of Proof, Certiorari, Employment Litigation, Exempt-Employees, Fair Labor Standards Act (FLSA)

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OFLC Announces H-2B Assignment Groups for First Half of FY 2025

The U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC) has released assignment groups for H-2B applications requesting an employment start date of October 1, 2024…more

Department of Labor (DOL), H2-B Visas, Immigration Procedures, OFLC, Visa Applications

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Formal Medical Diagnosis Not Required at Time of Wisconsin Fair Employment Act Accommodation Request, State Court Rules

In a decision providing guidance to employers facing requests for health-related accommodations, the Wisconsin Court of Appeals held in Wingra Redi-Mix Inc. v. Labor and Industry Review Commission that a formal diagnosis at the…more

Disability, Employment Litigation, Employment Policies, Medical Certification Requests, Medical History

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The Nevada Pregnant Workers’ Fairness Act Official Notice Is Here

The Nevada Equal Rights Commission has published its official notice for the new Nevada Pregnant Workers’ Fairness Act. As you likely know by now, Nevada employers with at least 15 employees must immediately post this notice in…more

Employer Mandates, Hiring & Firing, New Regulations, Notice Requirements, Pregnancy

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Strategies and Benchmarks for the Workplace: Ogletree’s Survey of Key Decision-Makers - April 2022

In the spring of 2021, we conducted our first benchmarking survey of in-house counsel and senior HR professionals. At that time, the world remained firmly in the grips of the pandemic, with employers facing many new and emerging…more

Compliance, Coronavirus/COVID-19, Cross-Border, Employee Retention, Equity Compensation

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Employers in England, Scotland, and Wales Have New Obligation to Prevent Sexual Harassment

Beginning 26 October 2024, employers in England, Scotland, and Wales will be under a new obligation to take “reasonable steps” to prevent sexual harassment of workers in the course of their employment. Details regarding this…more

Anti-Discrimination Policies, Anti-Harassment Policies, Compliance, Employer Liability Issues, Enforcement

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California Governor Signs Freelance Worker Protection Act

On September 28, 2024, California Governor Gavin Newsom signed into law Senate Bill (SB) No. 988, the Freelance Worker Protection Act (FWPA). The FWPA provides minimum requirements for agreements between freelance workers and…more

Anti-Discrimination Policies, Contract Terms, Employer Liability Issues, Enforcement, Freelance Workers

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Eleventh Circuit Limits Reach of Arbitration Agreements, Finds “Pay Your Own Fees” Clause Unenforceable

On November 22, 2019, the United States Court of Appeals for the Eleventh Circuit, the court with jurisdiction over Alabama, Florida, and Georgia, handed down a decision that invalidates certain provisions in arbitration…more

Appeals, Arbitration, Arbitration Agreements, Attorney's Fees, Employment Litigation

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Improper HIPAA Disclosure Results in Termination and Legal Dispute

The Kentucky Court of Appeals recently held that a hospital acted lawfully in terminating the employment of a nurse for violating the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The nurse had been…more

Appeals, Employer Liability Issues, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), Hiring & Firing

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OSHA’s Proposed Heat Injury and Illness Prevention Standard in Focus: Analysis and Review

On July 2, 2024, the Occupational Safety and Health Administration (OSHA) released a proposed rule on “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings.” The rule would apply to all employers and be…more

General Duty Clause, Health and Safety, Heat Exposure, NEP, OIRA

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Dartmouth Basketball Players Vote to Be First College Athletes Represented by a Union

On March 5, 2024, players on the Dartmouth College men’s basketball team voted to unionize, making the group the first college sports team to do so in the United States. Dartmouth College has already filed an appeal with the…more

Athletes, Basketball, Collective Bargaining, College Athletes, Colleges

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North Carolina’s New State Budget Makes Changes to Occupational Safety and Health Rules and Bars Local Wage Payment Laws

On September 22, 2023, the North Carolina General Assembly approved a budget for the period from July 1, 2023, through June 20, 2025. After its passage, Governor Roy Cooper announced that he would allow the budget to become law…more

Governor Cooper, Local Ordinance, Municipalities, Non-Discrimination Rules, State and Local Government

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FTC Appeals Texas District Court Ruling that Blocked Noncompete Ban to Fifth Circuit

The Federal Trade Commission (FTC) is appealing a Texas federal court ruling that struck down the FTC’s noncompete ban nationally, teeing the case up to be heard by the U.S. Court of Appeals for the Fifth Circuit…more

Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Non-Compete Agreements

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The EEOC’s Webinar on the COVID-19 Pandemic and Antidiscrimination Laws - an Overview

On March 27, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) conducted a webinar to address emerging questions regarding the COVID-19 pandemic and the EEOC’s previously updated pandemic guidance. The EEOC has not…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Emergency Management Plans, Equal Employment Opportunity Commission (EEOC), Workplace Safety

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Employment Rights Bill Is Laid Before UK Parliament: What Employers Need to Know

The new Labour government has set out its plans for reforming the labour market in its Employment Rights Bill just within the first one hundred days in office. This volume of change was initially set out in the Labour…more

Administrative Agencies, Contract Terms, Employee Rights, Employment Contract, Flexible Work Arrangements

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Absence Does Not Make the Heart Grow Fonder: Texas Court Holds Attendance Issues Can Preclude Disability Claims

In Wolf v. Lowe’s Companies, Inc., No. 4:16-CV-01560 (March 13, 2018), United States District Judge Alfred H. Bennett of the Southern District of Texas granted Lowe’s motion for summary judgment on a former sales employee’s…more

Americans with Disabilities Act (ADA), Attendance, Corporate Counsel, Disability, Employer Liability Issues

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4th Circuit Ruling Continues Star-Crossed Fate of Trump Administration Travel Ban

On May 25, 2017 the U.S. Court of Appeals for the Fourth Circuit upheld a lower court’s nationwide injunction against the Trump administration’s executive order (EO) suspending entry into the United States of foreign nationals…more

Executive Orders, Foreign Nationals, Immigration Procedures, Immigration Reform, Refugees

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BALCA Decision Serves as Cautionary Tale on Recruitment Requirement

On December 29, 2016, the Board of Alien Labor Certification Appeals (BALCA) issued its decision in the Matter of Unisoft International, Inc., d/b/a SMA (“the Employer”), sending a signal to employers concerning their burden of…more

BALCA, Department of Labor (DOL), Hiring & Firing, PERM, Recruitment Policies

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Contractor Blacklisting Update: Procurement Officials Stand Down for Now

On October 24, 2016, the U.S. District Court for the Eastern District of Texas entered a nationwide injunction preliminarily enjoining the Obama administration from implementing final rules to effectuate Executive Order 13673,…more

Blacklist, Department of Labor (DOL), DFAR, Disclosure Requirements, Executive Orders

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New Jersey Veterans May Soon Be Entitled to Preferential Hiring in Non-Civil Service Jurisdictions

On December 3, 2015, Senate Bill 2145 was approved, 62-0, by the New Jersey Assembly. (The bill had already been passed by the New Jersey Senate in May.)…more

Hiring & Firing, Job Applicants, Pending Legislation, Veterans

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NLRB Adopts Standard Critical of Employer Workplace Rules, Handbooks

On August 2, 2023, the National Labor Relations Board (NLRB) adopted a new burden-shifting standard for evaluating whether work rules infringe upon employees’ rights under Section 7 of the National Labor Relations Act…more

Employee Handbooks, Employee Rights, Employment Policies, Labor Regulations, Labor Relations

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Executive Order Leaves Current H-1B System in Place, But Calls for Reforms

On April 18, 2017, President Donald Trump signed an executive order (EO), “Buy American and Hire American,” which aims to “stimulate economic growth” and “ensure the integrity of the immigration system.” Although this action…more

Executive Orders, Foreign Nationals, H-1B, Immigration Reform, Trump Administration

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Court of Appeals Stays OSHA’s Emergency Temporary Standard

On November 6, 2021, the United States Court of Appeals for the Fifth Circuit granted a stay of the Emergency Temporary Standard issued this week by the Occupational Safety and Health Administration. The ETS would require…more

Appeals, Biden Administration, Coronavirus/COVID-19, Employer Mandates, Executive Orders

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Red Flags for Homebuilders Related to DOL's Latest Guidance on Independent Contractors

On July 15, 2015, the U.S. Department of Labor (DOL) issued an “Administrator’s Interpretation” (AI 2015-1) providing guidance on whether workers are employees or independent contractors under the Fair Labor Standards Act…more

Administrative Interpretation, Best Management Practices, Construction Industry, Construction Workers, Contractors

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Denver Ordinance Creates New Avenue for Workers to Pursue Wage Theft Violations by Employers

On January 10, 2023, Denver Mayor Michael Hancock approved an ordinance (File No. 22-1614) passed by the Denver City Council that will provide new avenues for workers in the City and County of Denver to pursue claims for wage…more

Anti-Retaliation Provisions, Complaint Procedures, Employer Liability Issues, Local Ordinance, Notice Requirements

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New Jersey Employers Face Imminent Changes to Unemployment Compensation Law, Including Mandatory Reporting, Appeals, and Penalties

On November 3, 2022, Governor Phil Murphy signed into law a number of substantial changes to New Jersey’s Unemployment Compensation Law (UCL). This article highlights the significant amendments to the UCL that will take effect…more

Administrative Appeals, Amended Legislation, Governor Murphy, Hiring & Firing, Penalties

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U.S. Department of Transportation Approves Oral Fluid Testing for Drug Testing

On May 2, 2023, the U.S. Department of Transportation (DOT) published a final rule amending its regulated industry drug testing program to allow for oral fluid testing…more

Department of Transportation (DOT), Drug Testing, Employment Policies, Final Rules, Transgender

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Indiana Supreme Court Favors Employee Over Interpretation of “Public Policy” Exception to At-Will Employment.

In Perkins v. Memorial Hospital of South Bend (Case No. 20S-CT-233), a split Indiana Supreme Court ruled in favor of an employee who was discharged after testifying against Memorial Hospital of South Bend at a coworker’s…more

At-Will Employment, Employment Litigation, IN Supreme Court, Public Policy, Unemployment Benefits

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Governor Whitmer Signs Legislation Repealing Michigan’s Right-to-Work Law

On March 24, 2023, Governor Gretchen Whitmer signed into law legislation repealing Michigan’s right-to-work law for private-sector employees. The legislation had previously passed the Michigan House of Representatives on March…more

Governor Whitmer, New Legislation, Private Sector, Repeal, Right to Work

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Vaccine Incentives - You Have Questions, We Have Answers

More than a year into the COVID-19 pandemic, employers are happy to be more focused on vaccine issues than on issues relating to furloughs and layoffs. As record numbers of vaccinations take place daily, many employers have…more

Americans with Disabilities Act (ADA), Best Practices, CARES Act, Civil Rights Act, Coronavirus/COVID-19

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South Carolina Court of Appeals Weighs in on South Carolina’s Political Opinions Statute, Approves Discharge of Employee for Excessive Personal Use of Company Phone and Laptop

In Owens v. Crabtree, Opinion No. 5616 (January 16, 2019), the South Carolina Court of Appeals held that a company’s termination of an employee for using company devices, on company time, to oppose a local building project that…more

Appeals, Employer Liability Issues, Employment Litigation, Employment Policies, Hiring & Firing

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DOL Reissues Opinion Letter Eliminating the 80/20 Rule

On November 8, 2018, the Department of Labor (DOL) gave hospitality employers good news when it retracted its “80/20 rule,” which prevented employers from taking the tip credit when tipped employees spent more than 20 percent of…more

Code of Federal Regulations (CFR), Department of Labor (DOL), Fair Labor Standards Act (FLSA), Hospitality Industry, Hotels

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KOSHRC Suggests That All Kentucky Employers With More Than Eight Employees Must Develop Bloodborne Pathogen Training Programs

The Occupational Safety and Health Administration’s (OSHA) bloodborne pathogens standard, 29 C.F.R. § 1910.1030, requires employers having employees with “occupational exposure to blood or other potentially infectious materials”…more

Employer Responsibilities, Infectious Diseases, State OSHA Laws, Training Requirements, Workplace Safety

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Governor Murphy Proposes Numerous Changes to the New Jersey Law Against Discrimination

On February 18, 2020, Governor Phil Murphy proposed a host of legislative changes to the New Jersey Law Against Discrimination (NJLAD) (N.J.S.A. 10:5-1, et seq.). According to the governor, the changes aim “to clarify legal grey…more

Anti-Discrimination Policies, Domestic Workers, Employee Training, Employment Policies, Governor Murphy

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Florida Governor Signs Law Easing Hourly Work Restrictions on Minors

On March 22, 2024, Florida Governor Ron DeSantis signed a bill into law that amends the state’s Child Labor Law to allow minors sixteen and seventeen years of age to work more hours…more

Child Labor, Employer Liability Issues, Exclusions, Governor DeSantis, Minors

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20 Tips for U.S. Virgin Islands Employers in 2020: COVID-19 Guidance for Restaurants, Bars and Nightclubs

Conducting business in the U.S. Virgin Islands poses unique challenges not often encountered in the states, but also unique opportunities. This 20-part series offers tips for doing business in the U.S. Virgin Islands, covering a…more

Coronavirus/COVID-19, Employer Responsibilities, Hospitality Industry, Re-Opening Guidelines, Restaurant Industry

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Minnesota Governor Issues Executive Order Temporarily Suspending Consumer Debt Garnishments

On May 4, 2020, Minnesota Governor Tim Walz signed Emergency Executive Order (EO) 20-50, which temporarily suspends the service of wage garnishment summonses in Minnesota for consumer debts originating “from the purchase of…more

Coronavirus/COVID-19, Executive Orders, Financial Distress, Governor Walz, Moratorium

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California DFEH Announces Pregnancy and Bonding Leave App

On March 24, 2021, the California Department of Fair Employment and Housing (DFEH) announced a new interactive tool for obtaining tailored guidance on job-protected leave for pregnancy-related disability or to bond with a new…more

California Family Rights Act (CFRA), DFEH, Disability Benefits, Parental Leave, Pregnancy

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Supreme Court to Determine Whether Retirees Can Claim Disability Discrimination in Benefits

The Supreme Court of the United States has agreed to hear a case that will decide whether retirees can sue for disability discrimination because of changes to retiree benefit plans…more

Americans with Disabilities Act (ADA), Benefit Plan Sponsors, Certiorari, Disability, Disability Discrimination

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Is an Offshore Rig a Single Site of Employment Under WARN?

A federal judge in the Eastern District of Louisiana recently issued an important ruling for oil field employers conducting layoffs. In Voisin v. Axxis Drilling, Inc. (October 21, 2015), the court held that for the purposes of…more

Corporate Counsel, Employer Liability Issues, Hiring & Firing, Involuntary Reduction in Force, Offshore Drilling

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Colorado’s Guidance on Annual Notice to Employees Regarding Available Income Tax Credits

In November 2023, the Colorado Department of Revenue’s (CDOR) Taxation Division issued guidance containing mandatory language to be included in notices provided to employees regarding available federal and state income tax…more

Child Tax Credit, Department of Revenue, Earned Income Credit, Notice Requirements, Refunds

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Oregon’s Predictive Scheduling Law: An Overview of BOLI’s Proposed Rules

On April 25, 2018, the Oregon Bureau of Labor and Industries (BOLI) issued proposed rules implementing Oregon’s predictive scheduling law, Senate Bill 828, which will take effect on July 1, 2018. A link to the proposed rules is…more

BOLI, Collective Bargaining Agreements (CBA), Employer Liability Issues, Employer Mandates, Hospitality Industry

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Día de Muertos Is Around the Corner: Are November 1 and 2 Mandatory Holidays in Mexico?

Día de Muertos is one of the most identitarian Mexican festivities, and it takes place every November 1 and November 2. Throughout those days, the deceased are celebrated and remembered…more

Federal Labor Laws, Holiday Pay, Holidays, Mexico, Over-Time

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Washington State Issues Advisory Urging Travelers to Quarantine for Two Weeks

On November 13, 2020, Governor Jay Inslee issued a travel advisory for Washington State recommending a 14-day quarantine for all persons entering the state and encouraging residents to stay close to home. Governor Inslee joined…more

Best Practices, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Health and Safety, Infectious Diseases

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Florida Teachers Union Fails to Upend Law on Dues and Recertification Requirements for Public-Sector Unions

On July 24, 2024, Judge Mark Walker of the U.S. District Court for the Northern District of Florida dealt Florida teachers unions a critical blow in their attempt to overturn Senate Bill (SB) 256 regarding public-sector union…more

Amended Legislation, Collective Bargaining Agreements (CBA), Public Sector, Public Sector Unions, Recertification

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Ninth Circuit Finds ADA Claims Brought by Employee With Cerebral Palsy Can Go Forward

Facially neutral decisions that are part of routine workforce reductions may not hold up in court if the only employee to be discharged in a group belongs to a protected class. In Schwartz v. Clark County, No. 14-16365 (May 27,…more

ADEA, Adverse Employment Action, Americans with Disabilities Act (ADA), Collective Bargaining Agreements (CBA), Corporate Counsel

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Hurricane Ready: 5 Ways Florida Employers Can Prepare for the Next Big Storm

With the peak of hurricane season approaching, the devastating effects of Hurricane Harvey fresh in our minds, and Hurricane Irma intensifying in the Atlantic Ocean with a westward path, Florida employers may want to familiarize…more

Best Management Practices, Employer Liability Issues, Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Hurricane Harvey

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Potential Impact of the FTC’s Noncompete Ban on Employee Benefits and Executive Compensation

The Federal Trade Commission’s (FTC) ban on noncompetition covenants (“noncompetes”) could significantly impact the design and administration of employee benefits and executive compensation arrangements…more

Employee Benefits, Employment Contract, Executive Compensation, Federal Trade Commission (FTC), Final Rules

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Rescission of DACA Program: What Employers Need to Know

On September 5, 2017, Attorney General Jeff Sessions announced the rescission of the Deferred Action for Childhood Arrivals (DACA) and the Department of Homeland Security (DHS) issued the Memorandum on Rescission Of Deferred…more

Corporate Counsel, DACA, Department of Homeland Security (DHS), Employment Authorization Documents (EAD), Executive Orders

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U.S. Virgin Islands Supreme Court Affirms Compensatory Damages Award to Former Employee Claiming Age Discrimination

On December 5, 2022, the Supreme Court of the Virgin Islands upheld a 2019 jury verdict, which found that Caribbean airline LIAT (1974), Ltd., had discharged its former area manager, William Cherubin, because of his age in…more

ADEA, Age Discrimination, Compensatory Damages, Employer Liability Issues, Employment Litigation

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Compass: Insights And Direction For Employers – Winter 2020

With the start of a new year, in-house counsel and human resources professionals will want to be aware of what’s on the horizon for 2020 and beyond. It’s a good time for employers to take a breath and consider what issues they…more

ADEA, Baby Boomers, Canada, Compensation & Benefits, Department of Labor (DOL)

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DHS Updates STEM Designated Degree Program List for 24-Month STEM OPT Extensions

On July 23, 2024, the U.S. Department of Homeland Security (DHS) added the category of Environmental/Natural Resource Economics (03.0204) as a qualifying field of study to the DHS STEM Designated Degree Program List. DHS did not…more

CIP, Colleges, Department of Homeland Security (DHS), Education Requirements, Employment Authorization Documents (EAD)

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The Obama Administration’s Proposed “Labor Violation” Reporting Duties Present Challenges for Federal Contractors

President Obama’s July 2014 Fair Pay and Safe Workplaces Executive Order 13673 mandates that federal contracting agencies collect information concerning a potential prime contractor’s 3-year violation history with respect to 14 …more

Barack Obama, Data Collection, Department of Labor (DOL), Fair Pay and Safe Workplaces, Federal Acquisition Regulations (FAR)

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Construction One-Minute Read: Illinois Fails to Make General Contractors Responsible for All Wages on Private Projects

The big legislative news in Illinois this spring concerned the passage of a law permitting marijuana for recreational use, beginning January 1, 2020. This development overshadowed other news affecting the construction industry -…more

Construction Contracts, Construction Industry, Decriminalization of Marijuana, Employer Liability Issues, General Contractors

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U.S. Embassy in Moscow Announces Significant Reduction of Consular Services

U.S. Embassy Moscow recently announced plans to reduce its consular workforce by 75 percent and significantly reduce its consular services. The announcement comes in response to the Russian government’s move to ban the U.S…more

Administrative Agencies, Biden Administration, Consulate, Economic Sanctions, Foreign Workers

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Colorado’s Revised INFO #9 Stops the Presses...on Job Postings Requirements

Employers covered by the Colorado Equal Pay for Equal Work Act, Part 2 (EPEWA) will now have to post wage and benefit information for all covered promotional opportunities and job openings (including remote jobs that can be…more

Disclosure Requirements, Employee Benefits, Equal Pay, Minimum Salary, Pay Transparency

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Connecticut Appellate Court Finds No Associational Claims Under State’s Discrimination Law

A Connecticut appellate court recently held that the Connecticut Fair Employment Practices Act (CFEPA) does not recognize a cause of action for associational disability discrimination…more

Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Appeals, Associational Discrimination, Disability Discrimination

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U.S. Employment-Based Immigration Year in Review: Many Changes Made, Many Changes Promised

Looking back at 2023, many of the employment-based immigration changes proposed and implemented by various U.S. government agencies focused on increasing efficiency and alleviating strain on our immigration system…more

Employment Authorization Documents (EAD), Foreign Workers, Form I-9, Immigration and Nationality Act, Immigration Procedures

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USCIS Revises Form I-9: What’s New?

U.S. Citizenship and Immigration Services (USCIS) published a new edition of the I-9, Employment Eligibility Verification Form on July 17, 2017. Employers may now use the revised version, dated 07/17/17 N, or continue using the…more

Employment Eligibility Verification, Form I-9, Hiring & Firing, Required Forms, USCIS

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District of Columbia to Eliminate the Tip Credit: a Specter of the Future?

​​​​​​​Currently, employers in the District of Columbia (like the majority of states) are permitted to count customer tips toward the minimum hourly wage they must pay to certain service employees. This practice is often…more

Minimum Wage, New Legislation, Tip Credit, Tipped Employees, Wage and Hour

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Supreme Court Rules FAA Requires Courts to Grant Stay Requests After Compelling Arbitration

On May 16, 2024, the Supreme Court of the United States held that when a federal district court determines that claims in a lawsuit are subject to arbitration and a party requests a stay, the Federal Arbitration Act (FAA)…more

Arbitration, Arbitration Agreements, Federal Arbitration Act, Judicial Proceedings, SCOTUS

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Working Party Confirms That Employers of All Sizes Must Maintain Article 30 Records of Processing for Human Resources Data

On April 19, 2018, the Article 29 Working Party (Working Party), which is comprised of representatives from the data protection authorities in each of the 28 European Union (EU) member states, issued a position paper stating…more

Article 29 Working Party (WP29), Corporate Counsel, Data Controller, Data Protection, EU

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New Jersey Employers Waiting for Guidance on Unemployment Compensation Law

Amendments to New Jersey’s Unemployment Compensation Law (UCL) are scheduled to take effect on July 31, 2023. One of the most significant changes to the UCL is that employers will now need to electronically report certain…more

Amended Legislation, Electronic Reporting, Hiring & Firing, State Labor Departments, Unemployment Insurance

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California Supreme Court Rules Employer Can Avoid Penalties for Good-Faith Wage Reporting Violation

On May 6, 2024, the Supreme Court of California held that when an employer “reasonably and in good faith” believes it complied with California’s legal requirement to provide accurate wage statements and it does not, the employer…more

CA Supreme Court, Employer Liability Issues, Employment Litigation, Good Faith, Labor Law Violations

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Tucson’s Minimum Wage Ordinance Takes Effect on April 1, 2022 - Don’t Be Fooled

On November 2, 2021, voters in Tucson, Arizona, passed Proposition 206 (officially titled the Tucson Minimum Wage Act (TMWA)). This new city ordinance increases the minimum wage for virtually all employees working within the…more

Local Ordinance, Minimum Wage, Wage and Hour

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Fourth Circuit Issues Opinion Regarding Hemp-Derived (Delta-9) Products in Case Involving ADA Claims

On September 4, 2024, the Fourth Circuit Court of Appeals, in Anderson v. Diamondback Investment Group, LLC, ruled on whether a former employee’s use of lawful hemp-derived products containing delta-9-tetrahydrocannabinol (THC)…more

ADAAA, Americans with Disabilities Act (ADA), Cannabidiol (CBD) oil, Controlled Substances Act, Disability

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The Ninth Circuit Speaks Out on Mental Health Parity

On April 11, 2024, the U.S. Court of Appeals for the Ninth Circuit, in Ryan S. v. UnitedHealth Group, Inc., set a very broad pleading standard to allege a violation of the Paul Wellstone and Pete Domenici Mental Health Parity…more

Algorithms, Claims Processing Systems, Health Insurance, Mental Health, Mental Health Parity Rule

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Federal Contractors: Your 2021 EEO-1s Might Be Disclosed by OFCCP if You Don’t Object!

The Office of Federal Contract Compliance Programs (OFCCP) has announced through its website and the Federal Register a new Freedom of Information Act (FOIA) request targeting federal contractors’ Type 2 Consolidated EEO-1…more

Corporate Counsel, Department of Labor (DOL), EEO-1, Federal Contractors, Federal Register

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Minneapolis Passes Paid Sick and Safe Leave Ordinance

On May 27, 2016, after more than six months of public discussion, the Minneapolis City Council unanimously approved an ordinance that will require all employers in the city to provide paid sick and safe leave to most workers…more

City Councils, Local Ordinance, New Legislation, Paid Leave, Recordkeeping Requirements

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Arizona Strengthens Background Check Requirements for Nursing Home and Skilled Nursing Facility Employees

On March 18, 2022, Arizona Governor Doug Ducey signed nineteen bills into law, including, most notably for nursing home and assisted living facility employers, Senate Bill (SB) 1242, which strengthens employee background checks…more

Background Checks, Criminal Records, Governor Ducey, Hiring & Firing, Job Applicants

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EEOC Issues Enforcement Guidance on Pregnancy Discrimination and Related Issues

Yesterday, by a 3-to-2 vote of commissioners, the U.S. Equal Employment Opportunity Commission (EEOC) approved a new guidance on the Pregnancy Discrimination Act (PDA). The first comprehensive update on the subject of…more

Corporate Counsel, Employee Rights, Equal Employment Opportunity Commission (EEOC), Pregnancy, Pregnancy Discrimination

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OFCCP Sets New VEVRAA Hiring Benchmark for 2024

The Office of Federal Contract Compliance Programs (OFCCP) announced on March 28, 2024, that the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA) national annual veteran hiring benchmark is 5.2 percent,…more

Affirmative Action, Benchmarks, Federal Contractors, OFCCP, Veterans

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Women’s History Month Spotlight: Part 2 of a Q&A With Ogletree Shareholder Diana J. Nehro

In honor of Women’s History Month, we asked New York shareholder Diana Nehro, the newest member of the firm’s board of directors and chair of Ogletree Deakins’ Cross-Border Practice Group, a few questions about her experiences…more

Career Development, Diversity, Leadership, Mentors, Women in the Law

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Idaho Governor Issues Stay-Home Order Impacting Idaho Businesses

On March 25, 2020, Governor Brad Little and the Idaho Department of Health and Welfare issued a statewide Order to Self-Isolate, which went into effect at 1:30 p.m. on March 25, 2020, for at least 21 days, at which point the…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Executive Orders

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Washington Raises Income Thresholds for Employees, Contractors Subject to Noncompetition Covenants Nearly 6 Percent for 2022

In May 2019, Washington State enacted restrictions on the enforceability of noncompetition covenants. The law, which took effect on January 1, 2020, requires the state to annually adjust the income thresholds for workers who are…more

Contract Terms, Employer Liability Issues, Employment Contract, Non-Compete Agreements, Restrictive Covenants

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Attention, Illinois Employers: The Equal Pay Registration Certificate Submission Deadline Is March 24, 2024!

Private businesses with one hundred or more Illinois employees as of December 31, 2023, and that are required to file an annual Employer Information Report EEO-1 with the U.S. Equal Employment Opportunity Commission (EEOC), must…more

Certificates of Compliance, EEO-1, Equal Employment Opportunity Commission (EEOC), Equal Pay Act, Filing Deadlines

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California Court Rejects Verbal Rent Credit Agreement, Finds Building Managers Are Not Exempt From Check Stub Law

On December 1, 2016, a California Court of Appeal, in an unpublished decision, issued a ruling addressing the scope of both California Industrial Welfare Commission Wage Order 5-2001’s minimum wage rent credit and California…more

Appeals, Contract Formation, Unpaid Wages, Wage and Hour, Wage Orders

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Minnesota Supreme Court Affirms ‘Severe or Pervasive’ Standard of Harassing Conduct Claims

In a much-anticipated decision, the Minnesota Supreme Court on June 3, 2020, declined to abandon the requirement that harassing conduct be “severe or pervasive” to be actionable under the Minnesota Human Rights Act (MHRA)…more

Employer Liability Issues, Employment Litigation, Harassment, Hostile Environment, Human Rights Act

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Making a List, Checking It Twice: Year-End Guidance on Drug Cost Reporting

Employers and their benefit administrators have more detail and a more convenient way to submit “top 50” lists and other data - but no more time to comply with - daunting prescription drug cost reporting requirements in the…more

Benefit Plan Sponsors, Consolidated Appropriations Act (CAA), Department of Health and Human Services (HHS), Department of Labor (DOL), Drug Pricing

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New Maryland Law Places New Restrictions on Noncompete Agreements for Health Care and Veterinary Professionals

Restrictions on noncompete agreements in the state of Maryland for certain care-related industries have become substantially broader. Under Maryland’s House Bill (HB) 1388, Maryland employers now face greater restrictions…more

Contract Terms, Dentists, Effective Date, Employer Liability Issues, Employment Contract

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California’s Salary History Ban: Answers to Frequently Asked Questions

As discussed in our previous article, “California Governor Signs Law Banning Salary History Inquiries,” as of January 1, 2018, California employers are required to comply with California Labor Code Section 432.3, which prohibits…more

Corporate Counsel, Employer Liability Issues, Employment Discrimination, Hiring & Firing, Job Applicants

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California’s Voting Leave Law: Employers’ Obligations as Election Day Approaches

As Election Day quickly approaches, California employers are reminded that the state voting leave law allows employees to take time off to vote in a statewide election…more

Employee Rights, Voting Leave, Voting Rights

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Website Accessibility Regulations Delayed Again! (For At Least Three Years!!)

In a surprise announcement with major repercussions for businesses and their websites, on November 19, the Department of Justice (DOJ) announced in its Fall 2015 Statement of Regulatory Priorities that it is delaying—by at least…more

Accessibility Rules, Department of Justice (DOJ), Disability, Website Accessibility, Websites

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IRS Clarifies Role of Gross-Ups When Taxes Are Assessed on an Earlier Year’s Fringe Benefits

When the Internal Revenue Service (IRS) determines during an examination that a fringe benefit should have been taxed and the employer accordingly has to pay additional taxes in a later year, how is the subsequent payment…more

Employment Tax, Federal Taxes, FICA Taxes, Fringe Benefits, IRS

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Indiana Supreme Court Upholds Right–to-Work Law

The debate over the constitutionality of Indiana’s right-to-work law may finally be over. In Zoeller v Sweeney (No. 45S00-1309-PL-596, November 6, 2014), the Indiana Supreme Court reversed a lower court ruling that had held…more

Employer Liability Issues, Hiring & Firing, Right to Work, Union Membership, Unions

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Supreme Court Keeps Auer, but Dilutes Its Power

On June 26, 2019, in Kisor v. Wilkie, the Supreme Court of the United States declined to overrule its prior decisions in Auer v. Robbins, 519 U.S. 452 (1997) and Bowles v. Seminole Rock & Sand Co., 325 U.S. 410 (1945). These…more

Administrative Agencies, Auer Deference, Chevron Deference, Denial of Benefits, Judicial Review

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Alabama Amends State Income Tax Exemption for Overtime Payments

In November 2023, Alabama enacted a law exempting, from Alabama state income tax, amounts received by full-time hourly wage-paid employees as compensation for overtime worked. On May 17, 2024, Alabama amended the Overtime…more

Fair Labor Standards Act (FLSA), Income Taxes, New Legislation, Non-Exempt Employees, Over-Time

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Many Federal Contractors Required to Increase Minimum Wage for Workers By 2022: Highlights of the Biden Administration’s New Executive Order

On April 27, 2021, President Joe Biden signed a new executive order (EO) requiring federal contractors and subcontractors to pay a $15.00 minimum wage to the thousands of workers who are working on or in connection with federal…more

Biden Administration, Corporate Counsel, Executive Orders, Fair Labor Standards Act (FLSA), Federal Contractors

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Ninth Circuit Issues a Positive Decision for Employers in the World of Background Checks

In recent years, California employers have faced an increasing number of class action lawsuits related to background check practices commonly used in the hiring process. These lawsuits arise from the Fair Credit Reporting Act…more

Appeals, Background Checks, Corporate Counsel, Employer Liability Issues, Employment Litigation

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Maine Enacts Nation’s Strictest Data Privacy Restrictions on Internet Service Providers

On Thursday, June 6, 2019, Maine governor Janet Mills signed into law new data privacy protections for Maine residents. The law, entitled “An Act To Protect the Privacy of Online Customer Information,” places new restrictions on…more

Consumer Privacy Rights, Data Privacy, Internet Service Providers (ISPs), New Legislation, Privacy Laws

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Federal Judges Halt Expanded Exemption From ACA Contraceptive Mandate

In back-to-back decisions, two federal district court judges have blocked implementation of a Trump administration rule that would exempt more employers from the Patient Protection and Affordable Care Act (ACA) requirement that…more

Affordable Care Act, Contraceptive Coverage Mandate, Contraceptives, Department of Health and Human Services (HHS), Department of Labor (DOL)

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New York State Department of Labor Issues Final New York State WARN Act Updated Regulations

On June 21, 2023, the New York State Department of Labor (NYSDOL) published updated regulations concerning the New York State Worker Adjustment and Retraining Notification Act (NYS WARN Act)…more

Amended Regulation, State Labor Departments, State Labor Laws, WARN Act

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Remote Witness Protection: Retirement Plan Consents in the Age of Social Distancing, Part II

The novel coronavirus pandemic has presented novel questions for pension plan administration. One such question has concerned how to balance the spousal consent requirements of participants’ pension elections with the need to…more

Coronavirus/COVID-19, IRS, Physical Presence Test, Retirement Plan, Social Distancing

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Connecticut Supreme Court Adopts Federal Definition of ‘Supervisor’ for State Law Hostile Work Environment Claims

A “supervisor,” for purposes of a Connecticut state hostile work environment claim, is an employee who is empowered by an employer to take tangible employment actions, the Connecticut Supreme Court recently held in O’Reggio v…more

Civil Rights Act, Commission on Human Rights, CT Supreme Court, Employer Liability Issues, Employment Litigation

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Supreme Court to Hear Case on Whether Lawsuits are Stayed During Appeal of Denial of Motion to Compel Arbitration

On December 9, 2022, the Supreme Court of the United States granted a petition for certiorari in a case raising the question of whether a non-frivolous appeal to the denial of a motion to compel arbitration strips the district…more

Arbitration, Arbitration Agreements, Certiorari, Federal Arbitration Act, Jurisdiction

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Eleventh Circuit Denies Plaintiffs’ Right to Challenge Alabama Law as Discriminatory

On December 13, 2019, a split Eleventh Circuit Court of Appeals (sitting en banc) ruled that several black plaintiffs lacked standing to challenge the discriminatory intent behind an Alabama law that blocked the city of…more

Appeals, Appellate Review, Dismissals, Employment Discrimination, En Banc Review

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Court of Appeal for Ontario Upholds Decision That Serves as Warning Against Relying on Historical Employment Contracts

The Court of Appeal for Ontario recently released a decision that affirmed the key legal principles and considerations courts will rely on when determining the enforceability of a historically written contract that no longer…more

Appeals, Contract Terms, Employment Contract, Employment Litigation, Incentive Compensation

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California Governor Vetoes AI Safety Bill With Whistleblower Protections for Employees Who Report Dangers of the Technology

California Governor Gavin Newsom has vetoed a bill that sought to ensure the safe development of artificial intelligence (AI), including by imposing whistleblower protections for developers’ employees who reported potential…more

Artificial Intelligence, Cybersecurity, Governor Newsom, Governor Vetoes, Innovation

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Massachusetts Once Again Is Considering Enacting Comprehensive Noncompete Legislation

For nearly a decade, Massachusetts legislators have considered various bills aimed at regulating the use of noncompetition agreements in the commonwealth. Noncompetes currently are governed by Massachusetts case law which,…more

Employment Contract, Legislative Agendas, Non-Compete Agreements, Popular, Proposed Legislation

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Eleventh Circuit Overturns Decades of Precedent in Holding that Job Applicants Cannot Claim Disparate Impact Under the ADEA

Sitting en banc, the Eleventh Circuit Court of Appeals recently issued a ruling that affects whether job applicants may bring disparate impact claims in discrimination lawsuits under the Age Discrimination in Employment Act…more

ADEA, Corporate Counsel, Disparate Impact, Disparate Treatment, En Banc Review

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The D.C. Wage Theft Law’s Next Steps: DOES Issues Notice and Template

The District of Columbia’s Wage Theft Prevention Amendment Act of 2014 (2014 WTPAA) went into effect on February 26, 2015, after completing congressional review. In an effort to promote compliance with the 2014 WTPAA, the D.C…more

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Oklahoma’s New Medical Marijuana Law and Your Workplace

Oklahomans voted 57 percent in favor of State Question 788, resulting in the passage of the Oklahoma Medical Marijuana Act (OMMA) on June 26, 2018. Many experts consider the new law to be one of the broadest medical marijuana…more

Best Practices, Drug Testing, Employer Liability Issues, Employment Policies, Medical Marijuana

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President Trump Introduces Health Insurance Requirement for Immigrant Visa Applicants

According to a proclamation issued by President Donald Trump on October 4, 2019, the U.S. Department of State will begin issuing immigrant visas only to those foreign nationals who will have health insurance once admitted to the…more

Foreign Nationals, Health Insurance, Immigration Procedures, Trump Administration, US Department of State

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New Whistleblower Intake Program Takes Effect for OSHA-Administered Whistleblower Statutes

On February 17, 2023, the Occupational Safety and Health Administration’s (OSHA) Directorate of Whistleblower Protection Programs’ new whistleblower complaint intake pilot program (Directive 23-01 (CPL 02)) went into effect,…more

Corporate Counsel, Equal Employment Opportunity Commission (EEOC), OSHA, Whistleblower Protection Policies, Whistleblowers

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California Governor Signs Freelance Worker Protection Act

On September 28, 2024, California Governor Gavin Newsom signed into law Senate Bill (SB) No. 988, the Freelance Worker Protection Act (FWPA). The FWPA provides minimum requirements for agreements between freelance workers and…more

Anti-Discrimination Policies, Contract Terms, Employer Liability Issues, Enforcement, Freelance Workers

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Ninth Circuit Holds Class Action Waivers Violate NLRA: What Employers Should Do Now

In an important 2–1 decision, a divided panel of the Ninth Circuit Court of Appeals recently concluded class action waivers in arbitration agreements violate the National Labor Relations Act (NLRA) and therefore are…more

Class Action Arbitration Waivers, Employer Liability Issues, Ernst & Young, Iskanian v CLS Transportation, NLRA

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5 Key Executive Compensation Trends and Issues for 2021

The 2021 executive compensation season will be more challenging than usual for most companies due to the financial and economic consequences of the COVID-19 pandemic. To meet these challenges, companies should be aware of…more

C-Suite Executives, Change in Control, Clawbacks, Corporate Governance, Disclosure Requirements

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Automobile Service Advisers Are Not Exempt Under the FLSA—At Least Not According to the Ninth Circuit

Navarro v. Encino Motorcars, LLC, No. 13-55323 (March 24, 2015): The plaintiffs in Navarro v. Encino Motorcars, LLC were “service advisors” at a Mercedes Benz dealership. The main duties of service advisors are to evaluate the…more

Car Dealerships, Employer Liability Issues, Fair Labor Standards Act (FLSA), Non-Exempt Employees, Popular

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Illinois Department of Human Rights Releases Its Model Sexual Harassment Prevention Training

It is now easier for employers to comply with the recent amendment to the Illinois Human Rights Act (IHRA) requiring employers to provide sexual harassment prevention training to employees by December 31, 2020 (and annually…more

Employee Training, Employer Liability Issues, Sexual Harassment

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Sixth Circuit Opinion Offers Guidance on How Employers Can Identify Reasonable Accommodation Requests Under the ADA

It is well settled that when requesting reasonable accommodation under the Americans with Disabilities Act (ADA), employees are not required to use the words “ADA,” “reasonable accommodation,” “disability,” or any other special…more

Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Employer Liability Issues, Employment Litigation

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Don’t Be Bulldozed by Snow Days: What to Consider Before Docking Pay for Weather-Related Absences

With thanks likely to the polar vortex, states across the nation are experiencing record low temperatures this winter. The bitterly cold winter has caused employees to call off work (or show up late) and employers to voluntarily…more

Employer Liability Issues, Fair Labor Standards Act (FLSA), Severe Weather, Wage and Hour, Weather Policy

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NYC Issues Guidance on Protections for Pregnant Employees

On May 6, 2016, the New York City Commission on Human Rights issued guidance that defines what constitutes pregnancy discrimination under the New York City Human Rights Law (NYCHRL), and provides clear examples of when and how…more

Hiring & Firing, New Guidance, NYCCHR, NYCHRL, Pregnancy Discrimination

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USCIS Updates O-1 Guidance for Extraordinary Ability in Arts and Motion Picture Industries

U.S. Citizenship and Immigration Services (USCIS) recently updated its policy guidance related to O-1B nonimmigrants of extraordinary ability in the arts and motion picture or television industry. The updated guidance, effective…more

Artists, Entertainment Industry, Foreign Nationals, Guidance Update, Music Industry

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Seventh Circuit Joins Third, Sixth, and Eighth Circuits in Limiting Exercise of Personal Jurisdiction in FLSA Collective Actions

On August 16, 2024, the Seventh Circuit Court of Appeals weighed in on whether out-of-state plaintiffs must satisfy personal jurisdiction requirements to participate in a collective action under the Fair Labor Standards Act…more

Bristol-Myers Squibb, Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, Class Action, Class Certification, Collective Actions

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Sixth Circuit Adopts New Certification Process in FLSA Collective Actions

On May 19, 2023, in Clark v. A&L Home Care and Training Center, LLC., the United States Court of Appeals for the Sixth Circuit rejected the familiar two-step certification procedure in collective actions under the Fair Labor…more

Appeals, Class Action, Class Certification, Collective Actions, Corporate Counsel

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Off-Duty Conduct Protections for Employees’ 4/20 Celebrations: A Look at the High Points of a Few States’ Marijuana Laws

With the arrival of the unofficial annual holiday known as “4/20,” employers can celebrate by reminding themselves of the state laws that could protect employees’ off-duty 4/20 celebrations…more

Decriminalization of Marijuana, Employee Rights, Employment Policies, Marijuana, New Legislation

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Spring: A Time for Change in UK Employment and Data Protection Law

Spring is always a time for new beginnings: the end of the financial year and the start of a new one, government election season, and time to advance clocks forward for daylight saving time. In the United Kingdom, spring also…more

Compensatory Awards, EU Data Protection Laws, Parental Leave, UK, UK Employment Appeal Tribunal

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Offshore Oil Rig Workers’ Overtime Claims Governed by FLSA, Not California Law

On June 10, 2019, the Supreme Court of the United States unanimously ruled that state wage and hour laws do not apply to offshore drilling workers where federal law addresses the relevant issue. In Parker Drilling Management…more

Appeals, Choice-of-Law, Fair Labor Standards Act (FLSA), Federal Enclave Rules, Federal Labor Laws

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DHS Proposes Shift to Wage-Based H-1B Selection Process

On November 2, 2020, the U.S. Department of Homeland Security (DHS) published a proposed rule that, if implemented, would amend the process by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B registrations…more

Corporate Counsel, Department of Homeland Security (DHS), Department of Labor (DOL), Executive Orders, Foreign Workers

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Comprehensive Data Privacy Law Brings Big Changes to Virginia, but Excludes Employee Personal Data

Virginia has joined California as the second state to enact a comprehensive data privacy law. On March 2, 2021, Virginia Governor Ralph Northam signed the Virginia Consumer Data Protection Act (VCDPA) into law…more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Data Controller, Data Privacy, Data Processors

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Summary of the EEOC’s New Strategic Enforcement Plan and What Employers Need to Know

The U.S. Equal Employment Opportunity Commission (EEOC or Commission) recently released to the public its draft Strategic Enforcement Plan (SEP or Plan). The SEP will take effect October 1, 2012, and will remain in effect until…more

Anti-Retaliation Provisions, Discrimination, Equal Employment Opportunity Commission (EEOC), Hiring & Firing, Migrant Workers

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The Supreme Court Rules on Class Action Removal Limits for Third-Party Counterclaim Defendants

In Home Depot U. S. A., Inc. v. Jackson, No. 17-1471 (May 28, 2019), the Supreme Court of the United States addressed whether third-party counterclaim defendants in class actions have authority under the general removal…more

CAFA, Class Action, Co-Defendants, Counterclaims, Federal Rules of Civil Procedure

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U.S. Supreme Court Again Takes on FLSA Donning and Doffing

Unionized employers whose employees must wear protective equipment may soon receive direction on whether they must pay for time spent donning and doffing the gear. On February 19, 2013, the U.S. Supreme Court granted review on…more

Collective Bargaining, Department of Labor (DOL), Doffing, Donning, Fair Labor Standards Act (FLSA)

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Navigating Meal Period Compliance: Key Insights From Recent Washington Court Ruling for Employers

An appellate court in Washington state recently held a hospital liable to pay employees who worked through meal period breaks for their time worked plus compensation for an additional break as a penalty, highlighting Washington…more

Class Action, Compliance, Employee Rights, Employment Litigation, Minimum Wage

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Construction Chronicles: The Not-So-New and OMB-Approved Monthly Construction Utilization Report

In the spirit of “spooky season,” the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has been “haunting” federal construction contractors with new compliance burdens. With the resurrection of…more

Compliance, Construction Contracts, Construction Industry, Data Collection, EEO-1

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Sixth Circuit Rules That Tennessee Cap on Punitive Damages Is Unconstitutional

In 2011, Tennessee Governor Bill Haslam signed the Tennessee Civil Justice Act, a tort reform measure limiting monetary damages. Tenn. Code Ann. § 29-39-104. This law places a cap on punitive damages of two times the…more

Appeals, Breach of Contract, Damage Caps, Governor Haslam, Insurance Litigation

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Columbus, Ohio’s Salary History Ban Goes Live on March 1, 2024: Are You Ready?

Employers in Columbus, Ohio, will be prohibited from asking job applicants about their salary histories under a city ordinance that takes effect on March 1, 2024…more

Effective Date, Employer Liability Issues, Hiring & Firing, Job Applicants, Local Ordinance

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IRS Emphasizes Health FSA and Dependent Care Assistance Program Substantiation Requirements

On April 28, 2023, the Internal Revenue Service’s (IRS) Office of Chief Counsel released guidance reiterating claims substantiation rules for health flexible spending arrangements (health FSAs) under Internal Revenue Code…more

Dependent Care, Dependent Care Assistance Program (DCAP), Employee Benefits, Flexible Savings Accounts (FSAs), Internal Revenue Code (IRC)

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Indiana Supreme Court Reaffirms That the Blue Pencil Doctrine Is an ‘Eraser’ for Overbroad Restrictive Covenant Language

On December 3, 2019, in Heraeus Medical, LLC v. Zimmer, Inc., the Indiana Supreme Court reaffirmed the “blue pencil doctrine,” likening the doctrine to an eraser and stating that Indiana courts may only delete language from…more

Appeals, Blue Pencil Contract Modification, Contract Terms, Employment Contract, IN Supreme Court

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Maine Paid Family and Medical Leave Start Date for Payroll Withholdings and Quarterly Wage Reports Is January 1, 2025

The start date for payroll withholdings and submissions of quarterly wage reports under the Maine Paid Family and Medical Leave (MPFML) Program is January 1, 2025, leaving employers with a sense of urgency as the compliance date…more

Compliance, Employer Contributions, Filing Deadlines, Filing Requirements, Medical Leave

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Federal OSHA Proposes to Take Over Enforcement of Construction Standards in Arizona

On August 21, 2014, the federal Occupational Safety and Health Administration (OSHA) proposed to revoke its approval of Arizona’s state occupational health and safety plan with respect to construction. If OSHA follows through on…more

Construction Accidents, Construction Industry, Construction Site, Construction Workers, Enforcement

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Missouri Passes Bill Restricting Nonsolicitation, Noninterference Agreements With Business Owners

A recently passed Missouri bill included some amendments added at the last minute that may have significant implications for restrictive covenants—such as nonsolicitation and noninterference provisions—that are commonly used to…more

Asset Purchase Agreements, Employment Contract, Judicial Proceedings, Non-Solicitation Agreements, Pending Legislation

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Massachusetts Adopts Pay Transparency and Reporting Requirements

Massachusetts has enacted a new law imposing pay transparency and pay data reporting obligations on employers in the state. The law will take effect on July 31, 2025…more

Compliance, Disclosure Requirements, EEO-1, New Legislation, Pay Data

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Prayers for Religious Holiday Time Off May Need to be Accommodated by Employers

Knowing several religious holidays are coming up soon, employers can take steps to avoid triggering religious discrimination and reasonable accommodation lawsuits. Consistently applying paid time off rules can help to prevent…more

Civil Rights Act, Employment Policies, Groff v DeJoy, Holidays, Religious Accommodation

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A Fact Sheet on Michigan’s Newly-Passed Marihuana Ballot Initiative

On the night of November 6, 2018, Michigan voters passed the ballot initiative known as the “Michigan Regulation and Taxation of Marihuana Act” (MRTMA) to allow the limited use and possession of marihuana. As a result, the…more

Decriminalization of Marijuana, Dispensaries, Licensing Rules, Marijuana, Marijuana Related Businesses

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Louisiana Court Rules Sales Manager Owed Fiduciary Duty to Employer

The recent decided case of Duplessis Buick-GMC Truck, Inc. v. Chauncey offers Louisiana employers a powerful cause of action against highly trusted former employees for breach of fiduciary duty - one that is akin to an action to…more

Breach of Duty, Employment Litigation, Fiduciary Duty, Former Employee, Fraud

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California Court Rules That Employee’s Occasional Performance of Nonexempt Duties Does Not Negate Exempt Status.

In an unpublished opinion, Abarca v. JK Residential Services, Inc.., No. B256488 (June 26, 2015), the California Court of Appeal, Second Appellate District, recently affirmed a trial court order rejecting a residential property…more

Appeals, Corporate Counsel, Exempt-Employees, Misclassification, Non-Exempt Employees

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Parent Company Liability in French Redundancy Cases

Although the Cour de cassation (France’s Supreme Court) still limits the application of the concept of “co-employment” between parent companies and their subsidiaries to exceptional cases, its rulings do not preclude a finding…more

Commercial Bankruptcy, Corporate Liability, Employment Policies, France, Parent Corporation

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DOJ Expands Time Frame to Investigate Immigration-Related Discrimination Actions

Earlier in 2017, new rules became effective from the U.S. Department of Justice’s (DOJ) Civil Rights Division impacting the authority of the Immigrant and Employee Rights Section (IER)—formerly known as the Office of Special…more

Anti-Discrimination Policies, Department of Justice (DOJ), Employer Liability Issues, Enforcement Authority, Equal Employment Opportunity Commission (EEOC)

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Florida’s Stop Woke Law Is Sedated - Judge Blocks Law Limiting Workplace Bias Trainings

​​​​​​​On August 18, 2022, U.S. District Judge Mark E. Walker issued a preliminary injunction blocking part of Florida’s House Bill (H.B.) 7, known as the Individual Freedom Act (IFA), which prohibits employers from requiring…more

Bias, Civil Rights Act, Constitutional Challenges, Corporate Counsel, Diversity and Inclusion Standards (D&I)

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High Court Strikes Down President Biden’s Student Loan Relief Program

The Supreme Court of the United States, on June 30, 2023, struck down President Biden’s student loan relief program that was set to provide partial debt cancellation to approximately 40 million student loan borrowers. As a…more

Article III, Biden Administration, Colleges, Department of Education, Loan Forgiveness

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Different School of Thought, Part V: U.S. Department of Education Attempts to Clarify Scope of Injunctions Barring Enforcement of 2024 Title IX Regulations

The last eight weeks have seen at least six courts issue injunctions barring enforcement of the U.S. Department of Education’s 2024 Title IX Final Rule (the “2024 Rule”). Most injunction orders lack clarity about which higher…more

Colleges, Educational Institutions, Injunctions, Pending Legislation, Preliminary Injunctions

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Key Considerations for Employers When Workplace Issues Go Viral: Lessons Learned From the Try Guys Scandal

​​​​​​​Just weeks ago, it was hard to open any social media application without seeing a post or news article concerning popular content creators The Try Guys. The internet stars have been trending since mid-September after…more

Employer Liability Issues, Reputation Management, Social Networks

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Is Next-Day Pay the Next Big Thing?

Among the hardest-to-find workers in America today are restaurant and retail workers. The current labor market is the tightest in 49 years, and for the past year, there have been roughly a million more open positions in the…more

Electronic Payment Transactions, Hospitality Industry, Recruitment Incentives, Restaurant Industry, Wages

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Supreme Court Rules FAA Requires Courts to Grant Stay Requests After Compelling Arbitration

On May 16, 2024, the Supreme Court of the United States held that when a federal district court determines that claims in a lawsuit are subject to arbitration and a party requests a stay, the Federal Arbitration Act (FAA)…more

Arbitration, Arbitration Agreements, Federal Arbitration Act, Judicial Proceedings, SCOTUS

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Is Your Investigator More Biased Than You Think? Part II: How to Keep Truthiness Out of Your Workplace Investigations

All companies should have mechanisms through which employees can voice concerns and feel confident that (a) those concerns will be taken seriously, (b) those concerns will be fairly and promptly investigated, and (c) misconduct,…more

Best Practices, Bias, Complaint Procedures, Employer Liability Issues, Internal Investigations

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Illinois Steps Up AI Regulation in Employment: Key Takeaways for Employers

In an era when artificial intelligence (AI) is rapidly transforming the workplace, Illinois has joined the growing list of states taking legislative action to further regulate the use of AI in employment settings, which follows…more

Amended Legislation, Anti-Discrimination Policies, Artificial Intelligence, Compliance, Governor Pritzker

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Recognizing Juneteenth and Strengthening Company Culture: Tips for Employers

Several prominent companies across the nation recently announced that they would observe Juneteenth as a holiday. This new trend of observing Juneteenth comes in the wake of several weeks of protests across the world advocating…more

Corporate Culture, Criminal Justice Reform, Holidays, Protests, Slavery

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Ontario Extends COVID-19 Stay-at-Home Order to May 20, Tightens Restrictions, and Increases Workplace Inspections

On April 16, 2021, the government of Ontario announced its strictest COVID-19 response measures to date, responding to a continued increase in daily case counts despite a province-wide lockdown. The stay-at-home order, effective…more

Canada, Coronavirus/COVID-19, Non-Essential Businesses, Operators of Essential Services, Popular

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Employer’s ‘Take It or Leave It’ Offer of Remote Work as Reasonable Accommodation Is a Jury Question, D.C. Circuit Rules

On August 9, 2024, the U.S. Court of Appeals for the District of Columbia Circuit reversed the district court’s grant of summary judgment in favor of the U.S. Environmental Protection Agency (EPA) on an employee’s…more

Administrative Hearings, Administrative Law Judge (ALJ), Americans with Disabilities Act (ADA), Corporate Counsel, Employment Litigation

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Illinois Supreme Court Rules Privacy Act Claims Accrue with Each Biometric Scan

On February 17, 2023, the Supreme Court of Illinois held claims under the Illinois Biometric Information Privacy Act (Privacy Act or BIPA) accrue on each and every scan or collection and further allowed so-called per scan…more

Biometric Information, Biometric Information Privacy Act, Corporate Liability, Employer Liability Issues, Employment Litigation

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Maryland Moves to Revise Paid Family and Medical Leave Insurance Program Implementation Dates, Raise State Minimum Wage

Maryland’s 2023 legislative session has concluded with new legislation impacting Maryland employers. Governor Wes Moore (D) has already signed into law the Fair Wage Act of 2023, accelerating the minimum wage rate in Maryland to…more

Medical Leave, Minimum Wage, New Legislation, Paid Family Leave Law, Paid Leave

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The U.S. and EU Announce an “Agreement in Principle” to Replace the EU-U.S. Privacy Shield Framework: What Employers Need to Know

On March 25, 2022, the European Union (EU) announced that the United States and the EU had reached an agreement in principle to replace the EU-U.S Privacy Shield framework, which the European Court of Justice (CJEU) struck down…more

Corporate Counsel, Court of Justice of the European Union (CJEU), Data Collection, EU, EU-US Privacy Shield

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Form I-9 Software: Avoiding Unlawful Discrimination When Selecting and Using I-9 and E-Verify Software Systems

A recent employer fact sheet from the U.S. Department of Justice (DOJ) and U.S. Department of Homeland Security (DHS) provides guidance for avoiding unlawful discrimination and other violations when using private software…more

Department of Homeland Security (DHS), Department of Justice (DOJ), E-Verify, Employer Liability Issues, Employment Discrimination

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Off-Duty Conduct Protections for Employees’ 4/20 Celebrations: A Look at the High Points of a Few States’ Marijuana Laws

With the arrival of the unofficial annual holiday known as “4/20,” employers can celebrate by reminding themselves of the state laws that could protect employees’ off-duty 4/20 celebrations…more

Decriminalization of Marijuana, Employee Rights, Employment Policies, Marijuana, New Legislation

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Taking a Page Out of the Olympic Playbook: A Spotlight on National Collegiate Anti-Doping Policies

With the increase in athletic competition often comes an increase in methods to find a competitive edge. Prior to this year’s Olympic games in Rio, several international athletes tested positive for performance enhancing drugs…more

Anti-Doping Issues, Athletes, NCAA, Olympics

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South Carolina Becomes 42nd State to Issue ‘Stay at Home’ Order

On April 6, 2020, South Carolina Governor Henry McMaster issued Executive Order No. 2020-21 (E.O. 2020-21), which implemented a “home or work” mandate. The order directs South Carolina inhabitants to stay in their homes as of…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Cybersecurity Information Sharing Act (CISA), Executive Orders

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Cal/OSHA Schedules Advisory Committee Meeting on Enterprise-wide and Egregious Violation Classifications Proposed Rules

The California Division of Occupational Safety and Health (Cal/OSHA) will hold an advisory committee meeting on August 19, 2024, to solicit input on proposed regulations concerning enterprise-wide and egregious violations of…more

Advisory Committee, Cal-OSHA, Labor Law Violations, Proposed Amendments, Proposed Rules

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OSHA Slated to Deliver Proposed Workplace Violence Prevention Standard for Healthcare Industry in December 2024

The Occupational Safety and Health Administration (OSHA) is preparing to release a proposed standard on workplace violence prevention in healthcare settings in December 2024…more

Department of Labor (DOL), Employer Liability Issues, General Duty Clause, Health Care Providers, Healthcare Workers

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German Employment Law Changes for 2024

In Germany, every new year brings with it changes and updates in employment law. We have summarized below which new regulations may want to prepare for in the course of 2024…more

Amended Legislation, Data Protection, Disability, EU, Federal Labor Laws

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New Orleans Adopts Legislation Prohibiting City Contractors From Conducting Employment-Related Credit Checks

The New Orleans City Council recently approved legislation making it unlawful for city contractors to seek or use the consumer credit history of a current or prospective employee for any decision regarding the hiring or…more

City Councils, Credit Checks, Employee Credit Checks, Exceptions, Federal Contractors

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Governor Newsom Signs Bill Imposing Game-Changing Pay Transparency Requirements

​​​​​​​On September 27, 2022, California Governor Gavin Newsom signed the state’s pay transparency bill into law, imposing several new and unprecedented requirements on California employers. With the signing of Senate Bill (SB)…more

Governor Newsom, Job Ads, New Legislation, Pay Transparency

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Beltway Buzz - October 2024 #4

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business…more

Agricultural Sector, Appeals, Congressional Committees, Congressional Investigations & Hearings, Department of Labor (DOL)

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Ding Dong, the Federal 80/20 and 30-Minute Tip Rule Is Dead

On August 23, 2024, the Fifth Circuit Court of Appeals released its long-awaited opinion in Restaurant Law Center v. United States Department of Labor and invalidated the 2021 final tip rule issued by the U.S. Department of…more

Administrative Procedure Act, Arbitrary and Capricious, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Final Rules

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Infrastructure Investment and Jobs Act Repeals Employee Retention Credits as of September 30, 2021

President Biden’s signing of the Infrastructure Investment and Jobs Act (IIJA) on November 15, 2021, retroactively eliminates an employer’s ability to claim employee retention credits (ERC) for eligible wages paid after…more

American Rescue Plan Act of 2021, CARES Act, Consolidated Appropriations Act (CAA), Employee Retention, Infrastructure

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Virginia’s Recreational Marijuana Legislation and New Employee Medicinal Use Protections

On April 21, 2021, Virginia Governor Ralph Northam signed into law House Bill No. 2312 and Senate Bill No. 1406, moving the date of recreational marijuana legalization in Virginia up to July 1, 2021. The legalization movement,…more

Anti-Discrimination Policies, Employee Rights, Employer Liability Issues, Governor Northam, Hiring & Firing

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The Illinois Shutdown Order: Answers to Employers’ FAQs

On March 20, 2020, Illinois Governor J.B. Pritzker issued Executive Order (EO) 2020-10, directing all residents to stay at home except as necessary for essential activities and government functions and to operate essential…more

Business Closures, Coronavirus/COVID-19, Emergency Management Plans, Employer Responsibilities, Executive Orders

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New Colorado Law Requires Employee Access to Personnel Files

On June 10, 2016, Colorado Governor John Hickenlooper signed into law House Bill 16-1432. Effective January 1, 2017, the new law will require private sector employers to allow employees to access their personnel files at least…more

Employee Rights, Former Employee, Governor Hickenlooper, New Legislation, Personnel Records

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Virginia Issues COVID-19 Emergency Temporary Standard

On July 15, 2020, the Virginia Department of Labor and Industry’s Safety and Health Codes Board approved an Emergency Temporary Standard for COVID-19 to be enforced by the Virginia Occupational Safety and Health program (VOSH)…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Responsibilities, Health and Safety, Re-Opening Guidelines

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Recent USCIS Settlement Offers Substantial Relief to H-1B Employers

Following the March 10, 2020, decision of the U.S. District Court for the District of Columbia in ITSERVE Alliance, Inc. v. Cissna, U.S. Citizenship and Immigration Service (USCIS) has agreed in a settlement to rescind the 2018…more

H-1B, Settlement, Third-Party, USCIS

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Fifth Circuit Loss for Employee Who Refused Vaccine for Religious Reasons

As the COVID-19 vaccine becomes more readily available, employers are considering mandatory vaccination for their employees and in particular, how to respond to employee requests for accommodation, whether on the basis of…more

Appeals, Civil Rights Act, Commission on Human Rights, Dismissals, Employer Liability Issues

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Michigan’s Supreme Court Clarifies Its Mothering Justice Opinion and Sets State’s Minimum Wage Increases and Tip Credit Phaseout

Following the Michigan Supreme Court’s July 31, 2024, ruling that the state legislature’s December 2018 “adopt and amend” action was unconstitutional, and that the state’s minimum wage will increase in 2025, the court has now…more

Earned Sick Time, MI Supreme Court, Minimum Wage, State Labor Departments, State Labor Laws

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Biden Administration Revokes Diversity Training Restrictions and Takes Further Actions to Address Diverse Groups

President Joseph R. Biden Jr.’s flurry of executive actions upon his inauguration into office signals diversity, equity, and inclusion (DE&I) as a significant area of focus for the administration. As of January 26, 2021,…more

Biden Administration, Diversity, Diversity and Inclusion Standards (D&I), Employee Training, Employer Responsibilities

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5 Takeaways From New York City’s Legislation on Lactation Room Accommodations

The New York City Council recently passed two bills addressing lactation rooms for breastfeeding mothers. The first bill, Int. No. 879-A, requires employers with four or more employees to provide lactation room accommodations…more

Breastfeeding, Employment Policies, Lactation Accommodation, Local Ordinance, NYCHRL

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DOL’s Tip of the Hat to Back-of-the-House Employees: New NPRM to Rescind 2011 Regs

In response to significant pressure from the hospitality industry—specifically, the restaurant industry—as well as increasing litigation and changes to reduce or eliminate the use of tip credits at the state level, the U.S…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Minimum Wage, NPRM, Public Comment

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Supreme Court to Hear Heterosexual Woman’s Reverse Discrimination Case

The Supreme Court of the United States has agreed to hear a case in which a female heterosexual employee claimed an Ohio state agency discriminated against her in favor of employees who identify as LGBTQ+. The case, Ames v. Ohio…more

Civil Rights Act, Demotions, Employment Litigation, Equal Employment Opportunity Commission (EEOC), Evidentiary Standards

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Recent Scrutiny of English-Only Workplace Rules Comes Into Focus During National Hispanic Heritage Month

National Hispanic Heritage Month is celebrated each year from September 15 to October 15 in recognition of the contributions of Hispanic and Latino people to the history, culture, and economy of the United States. During this…more

Anti-Discrimination Policies, Anti-Harassment Policies, Compliance, Employer Liability Issues, English-Only Rules

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Veterans Day And a Reminder of Employers’ Military Leave Obligations

On November 11, 2022, the United States will celebrate Veterans Day, an annual holiday honoring military veterans of the United States Armed Forces. The date was first recognized as Armistice Day, a holiday to celebrate the end…more

Family and Medical Leave Act (FMLA), Holidays, Military Service Members, USERRA, Veterans

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SCOTUS Rules Equitable Tolling Does Not Save Successive Class Action Lawsuits

On June 11, 2018, the Supreme Court of the United States issued a landmark decision in China Agritech, Inc. v. Resh, addressing a split in the federal circuit courts of appeal, arising from differing applications of the…more

American Pipe & Construction Co. v. Utah, Appeals, China Agritech Inc v Resh, Class Action, Class Certification

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New Jersey Pay Transparency Law Is the Stroke of a Pen (and Seven Months) Away From Becoming Law

On September 26, 2024, the New Jersey Legislature passed Senate Bill 2310 (S2310), which will require transparency about compensation and benefits in internal and external postings of promotion opportunities, job listings, and…more

Compensation & Benefits, Compliance, Disclosure Requirements, Effective Date, Governor Murphy

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Arrested Development: Wisconsin Court of Appeals Holds ‘Arrest Record’ Does Not Include Civil Violations

When is an offense a covered “offense” under the Wisconsin Fair Employment Act’s (WFEA) prohibition against arrest record discrimination? This was the question answered by the Wisconsin Court of Appeals in its recent decision in…more

Background Checks, Criminal Background Checks, Criminal Records, Employer Liability Issues, Employment Discrimination

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Illinois Supreme Court Opens Floodgates for Biometric Lawsuits: Will the Business Community Lobby for Change?

The Illinois Supreme Court issued its long-awaited ruling in Rosenbach and reversed the appellate court’s decision that technical violations of the Illinois Biometric Information Privacy Act (“BIPA” or “Act”) without “some…more

Actual Injuries, Amusement Parks, Appeals, Biometric Information, Biometric Information Privacy Act

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California Governor Signs PAGA Reform Legislation

On July 1, 2024, Governor Gavin Newsom signed two complementary bills to reform the Private Attorneys General Act of 2004 (PAGA). According to Newsom, “This reform is decades in the making—and it’s a big win for both workers and…more

Corporate Counsel, Damage Caps, Department of Industrial Relations, Employment Litigation, Governor Newsom

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NLRB Restricts Employers’ Ability to Reach Consent Settlement Agreements

In United States Postal Service, 364 NLRB No. 116 (August 27, 2016), the National Labor Relations Board (NLRB) overturned long-standing precedent by ruling that an administrative law judge (ALJ) may accept a proposed unilateral…more

Administrative Law Judge (ALJ), Consent Decrees, Corporate Counsel, Employer Liability Issues, General Electric

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Louisiana Appellate Court Finds Nondiscretionary Production Bonus Based on Employee Work Is a “Wage” Payable at Termination

The Louisiana Court of Appeal, First Circuit, in DiVittorio v. Seale & Ross, PLC, affirmed a trial court’s judgment in favor of associate attorneys, granting them certain bonus compensation but denying another bonus claim. The…more

Bonuses, Louisiana, Termination, Wage and Hour

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DOJ Final Rule on Website Accessibility for State and Local Governments Portends Significant Changes for Private-Sector Websites

The U.S. Department of Justice’s (DOJ) recent release of an advance copy of its final rule on website accessibility for state and local governments under Title II of the Americans with Disabilities Act (ADA) provides a preview…more

Americans with Disabilities Act (ADA), Compliance, Department of Justice (DOJ), Educational Institutions, Federal Funding

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Complying With Wage Garnishments in Texas—What You Need to Know

When you have tens of thousands of employees, it is very likely that your payroll and human resources (HR) departments receive wage garnishment orders for employees every week. Texas law is restrictive in this area, and it is…more

Human Resources Professionals, Payroll Taxes, Wage and Hour, Wage Garnishment

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Massachusetts Federal Court Preliminarily Requires Employer to Allow Employee’s Teleworking

On September 16, 2020, in Peeples v. Clinical Support Options, Inc., No. 3:20-cv-30144, a federal district court in Massachusetts took the unusual step of precluding an employer from discharging an employee who claimed an…more

Americans with Disabilities Act (ADA), Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Disability, Disability Discrimination

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San Diego County Adopts Fair Chance Ordinance for Unincorporated Areas: What Employers Need to Know

Following the lead of other California cities and counties, the County of San Diego recently passed a local fair chance ordinance restricting the use of criminal history in employment decisions. Effective October 10, 2024,…more

Background Checks, Ban the Box, California, Criminal Background Checks, Employer Liability Issues

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New Jersey Supreme Court Reshapes Sexual Harassment Claims

On February 11, 2015, the New Jersey Supreme Court issued a landmark ruling that will reshape hostile work environment sexual harassment cases brought under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -49…more

Discrimination, Employer Liability Issues, Faragher/Ellerth defense, Hostile Environment, NJ Supreme Court

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NYC Cares for Caregivers: New Bill Awaiting Mayor’s Signature Would Make Caregivers a Protected Class

On December 16, 2015, the New York City Council passed a bill prohibiting employers from discriminating against employees based on their actual or perceived status as a caregiver. The new law would establish caregiver status as…more

Caregivers, City Councils, Employment Discrimination, NYCHRL, Pending Legislation

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Mecklenburg County, North Carolina Issues County-Wide Stay-at-Home Order

On March 24, 2020, Mecklenburg County, North Carolina, similar to various other localities, issued a stay-at-home order for the next 21 days to contain the spread of COVID-19. The order begins on March 26, 2020, and continues…more

Business Closures, Coronavirus/COVID-19, Municipalities, Operators of Essential Services, Public Health Emergency

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Retirement Plan Participants and Standing: Supreme Court’s New ‘No Harm, No Foul’ Ruling

The Supreme Court of the United States has held many times that the federal courts do not have jurisdiction over a lawsuit unless the plaintiff has standing to sue under the federal Constitution. To have standing, the Court has…more

Article III, Breach of Duty, Defined Benefit Plans, Duty of Loyalty, Duty of Prudence

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Supreme Court Provides Additional Guidance on FCRA Standing

On June 25, 2021, the Supreme Court of the United States issued a ruling that provides additional guidance related to the Fair Credit Reporting Act (FCRA), a federal law that regulates the collection of consumers’ credit…more

Article III, Class Action, Class Members, Credit Reporting Agencies, Credit Reports

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2024 Will See Modest COLAs for Qualified Retirement Plans

On November 1, 2023, the 2024 calendar year cost-of-living adjustments to the contribution and compensation limits for tax-qualified retirement plans were released by the Internal Revenue Service (IRS) in Notice 2023-75…more

401k, 403(b) Plans, 457(b) Plans, Contribution Limits, Cost-of-Living Adjustment (COLA)

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New California Law Mandates Female Representation on Boards of Directors by December 2019

On September 30, 2018, Governor Jerry Brown of California signed Senate Bill (SB) 826, a pioneering law mandating each publicly-held company headquartered in California to have at least one female on its board of directors. The…more

Board of Directors, Corporate Governance, Diversity, Equal Protection, Governor Brown

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Oregon Governor Issues Sweeping Stay-at-Home Order to Combat Coronavirus Pandemic

On March 23, 2020, Oregon Governor Kate Brown issued Executive Order (EO) No. 20-12 (Oregon’s stay-at-home order), directing all Oregon residents to stay home to the maximum extent possible, closing certain businesses, and…more

Business Closures, Coronavirus/COVID-19, Emergency Management Plans, Executive Orders, Governor Brown

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June 2023 Visa Bulletin Brings Warning of EB-3 Final Action Date Retrogression for India

The U.S. Department of State’s Bureau of Consular Affairs has released the June 2023 Visa Bulletin and U.S. Citizenship and Immigration Services (USCIS) has confirmed that it will accept employment-based I-485 adjustment of…more

EB-3, Immigration Procedures, India, Retrogression, US Department of State

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Seventh Circuit Holds that the ADA Mandates Reassignment of Disabled Employees to Vacant Positions

Overruling its own precedent, the U.S. Court of Appeals for the Seventh Circuit (which covers Indiana, Illinois, and Wisconsin) recently held that the Americans with Disabilities Act (ADA) requires employers to reassign disabled…more

Americans with Disabilities Act (ADA), Disability, Discrimination, Equal Employment Opportunity Commission (EEOC), Reasonable Accommodation

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Colorado Voters Pass the Paid Family and Medical Leave Insurance Act

On November 3, 2020, Colorado voters passed Proposition 118, a ballot initiative establishing a paid family and medical leave program. The new law, known as the “Paid Family and Medical Leave Insurance Act,” provides for 12…more

Employee Benefits, Medical Leave, New Legislation, Paid Family Leave Law, Paid Leave

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California Legislature Sends Bill Prohibiting Caste Discrimination to the Governor

California is one step closer to becoming the first state to enact legislation banning caste-based discrimination. Senate Bill (SB) No. 403 adds caste to the list of characteristics protected by the California Fair Employment…more

Anti-Discrimination Policies, Education Code, FEHA, Governor Newsom, Pending Legislation

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COVID-19 Update: Elimination of Mandatory Isolation in Some Federal States in Germany Poses New Challenges for Employers

As of November 23, 2022, the German Federal State of Hesse no longer requires an obligatory isolation period for persons who have tested positive for COVID-19. In the states of Bavaria, Schleswig-Holstein, and, to a limited…more

Coronavirus/COVID-19, Employer Responsibilities, Germany, Masks, Quarantine

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Triaging Employee Refusals to Work Due to COVID-19: A Legal Update for Healthcare Employers

Employees - particularly healthcare employees - are increasingly refusing to work because of safety concerns and the need for accommodations related to COVID-19. In certain circumstances, these refusals may trigger protections…more

Americans with Disabilities Act (ADA), Health Care Providers, Healthcare Facilities, NLRA, OSHA

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California Bill Would Exempt Certain Fast Food Restaurants From $20-per-Hour Minimum Wage

California’s FAST Food Accountability and Standards Recovery Act (FAST Recovery Act) was repealed on September 28, 2023, when Governor Gavin Newsom signed into law Assembly Bill (AB) No. 1228…more

Effective Date, Exemptions, Fast-Food Industry, Governor Newsom, Minimum Wage

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New Jersey Pay Transparency Law Is the Stroke of a Pen (and Seven Months) Away From Becoming Law

On September 26, 2024, the New Jersey Legislature passed Senate Bill 2310 (S2310), which will require transparency about compensation and benefits in internal and external postings of promotion opportunities, job listings, and…more

Compensation & Benefits, Compliance, Disclosure Requirements, Effective Date, Governor Murphy

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Mecklenburg County, North Carolina Issues County-Wide Stay-at-Home Order

On March 24, 2020, Mecklenburg County, North Carolina, similar to various other localities, issued a stay-at-home order for the next 21 days to contain the spread of COVID-19. The order begins on March 26, 2020, and continues…more

Business Closures, Coronavirus/COVID-19, Municipalities, Operators of Essential Services, Public Health Emergency

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AB 51 Update: Court Continues TRO on California’s Arbitration Statute

Assembly Bill (AB) 51, which attempts to ban certain mandatory arbitration agreements, was scheduled to go into effect on January 1, 2020. However, a coalition of business organizations filed a suit on December 9, 2019 seeking…more

Arbitration, Chamber of Commerce, Employment Contract, Jurisdiction, Mandatory Arbitration Clauses

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5 Key Multistate Considerations When Handling Reductions in Force

Despite some recent positive signs for the U.S. economy, many companies still face the prospect of reductions in force (RIFs), which can be challenging and involve complex processes that require careful planning and compliance…more

Federal Labor Laws, Hiring & Firing, Layoff Notices, Layoffs, Reduction of Force

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Stocking Naloxone in the Workplace: What Employers Need to Consider

It is well known that opioid overdoses have occurred at epidemic levels in the United States for years. According to the U.S. Centers for Disease Control and Prevention (CDC), opioid overdose deaths have increased from 21,089 in…more

Best Practices, Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Employee Training, FDA Approval

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HIPAA Privacy Rules Get a Post-Dobbs Refresh on Reproductive Health Care

Employers will soon see the national debate about abortion popping up in some unexpected places: the HIPAA privacy policies and procedures and notices of privacy practices they use for their health benefit plans…more

Abortion, Benefit Plan Sponsors, Compliance, Covered Entities, Dobbs v. Jackson Women’s Health Organization

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Massachusetts Paid Family and Medical Leave: Latest Updates Ahead of January 1, 2021, Effective Date

The Massachusetts Department of Family and Medical Leave (DFML) updated its “Notice of Benefits” workplace poster regarding the state’s requirements under the Paid Family and Medical Leave (PFML) Act on November 17, 2020. The…more

Employer Responsibilities, Paid Family Leave Law, Posting Requirements, State Labor Laws

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Oregon Employee Leave Entitlements for Absences Due to Child’s COVID-19–Related Illness, School Closures, and Quarantine Orders

Under Oregon Governor Kate Brown’s Executive Order 21-15, the state of public health emergency due to COVID-19 will continue in Oregon until December 31, 2021, unless the governor extends the deadline or terminates the state of…more

Coronavirus/COVID-19, Employee's Childcare, Governor Brown, Paid Family Leave Law, Proposed Legislation

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The Supreme Court’s Religious Accommodations Ruling and the Evolution of ‘Undue Hardship’ From Hardison to Groff

How much burden must a company demonstrate before it is relieved of the obligation to accommodate an employee’s religious beliefs in the workplace under Title VII of the Civil Rights Act of 1964? On June 29, 2023, the Supreme…more

Civil Rights Act, De Minimus Doctrine, Equal Employment Opportunity Commission (EEOC), Groff v DeJoy, Reasonable Accommodation

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Pennsylvania House Committee Holds Hearing on Proposal to Increase to Number of Salaried Workers Eligible for Overtime

If an employee in Pennsylvania is paid a salary, as opposed to by the hour, that employee is not eligible for overtime no matter how low the salary or how high the number of hours he or she works in a particular week, right?…more

Administrative Hearings, Exempt-Employees, Fair Labor Standards Act (FLSA), Minimum Salary, Over-Time

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Final Policy Memorandum Provides Needed Predictability and Guidance on Job Portability Determinations

On March 18, 2016, United States Citizenship and Immigration Services (USCIS) released a final policy memorandum that offers guidance on determining whether a new job is in “the same or similar occupational classification” for…more

Adjustment of Status, Final Guidance, Foreign Workers, Immigration and Nationality Act, Permanent Residence Cards

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Sixth Circuit Rules Interest Rate Methodology Selected by Plan Actuary in Withdrawal Liability Calculation Violates ERISA

In a rare victory for employers that participate in multiemployer pension plans, the Sixth Circuit Court of Appeals held that the interest rate memorialized in the Segal Blend actuarial assumption was inappropriate to use in a…more

Actuarial Values, Appeals, Defense Strategies, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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California Judge Temporarily Enjoins Implementation of FAST Recovery Act

On December 30, 2022, a Sacramento County Superior Court judge issued a temporary restraining order blocking the State of California—in particular, the California Department of Industrial Relations—from implementing the…more

Minimum Wage, Restaurant Industry, Restraining Orders, State Labor Laws, Wage and Hour

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Portland’s New Ban-the-Box Ordinance Imposes Stricter Rules Than State Law

On, November 25, 2015, the Portland City Council passed an ordinance restricting an employer’s ability to inquire regarding a job applicant’s criminal history. As of July 1, 2016, Portland employers with six or more employees…more

Ban the Box, Conditional Job Offers, Criminal Background Checks, Hiring & Firing, Job Applicants

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USCIS and U.S. DOJ Signal Efforts to Tighten Control Over the H-1B Visa Program

United States Citizenship and Immigration Services (USCIS) and the Immigrant and Employee Rights Section of the U.S. Department of Justice’s Civil Rights Division (DOJ-IER) issued statements signaling their cooperation with…more

Department of Justice (DOJ), H-1B, Immigration and Nationality Act, National Origin Discrimination, Trump Administration

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FTC Noncompete Ban Rule Survives Challenge in Pennsylvania Federal Court, but Still Contested in Florida and Texas

On July 23, 2024, a judge in the U.S. District Court for the Eastern District of Pennsylvania denied a motion for preliminary injunction seeking to stay the effective date of the Federal Trade Commission’s (FTC) final noncompete…more

Employment Contract, Enforceability, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

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Navigating and Pre- and Post-Election Tensions in the Workplace, Part II: Providing Support to Staff During Periods of Change

Every four years, a U.S. presidential election brings voters to an intersection where they decide whether to turn right or left. Halting at these intersections often brings heightened tension and polarizing discourse within our…more

Best Practices, General Elections, Presidential Elections

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Fluctuating Workweek Redux: Department of Labor Finalizes Revised Methodology

On June 8, 2020, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) published its revised fluctuating workweek methodology regulation for calculating overtime in the Federal Register. The new final rule goes into…more

Corporate Counsel, Department of Labor (DOL), Final Rules, Fluctuating Workweek, Wage and Hour

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Employer’s Signature May Not Be Essential to Enforceability of Arbitration Agreement

The Court of Appeals for the First District of Texas recently held that the absence of the employer’s signature from an arbitration agreement did not render that agreement unenforceable. SK Plymouth, LLC v. Simmons, No…more

Arbitration Agreements, Contract Formation, Discrimination, Enforceability, Retaliation

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California Law Directs Cal/OSHA to Draft Standards for Opioid Overdose Reversal Drugs in First Aid Kits

On September 27, 2024, Governor Gavin Newsom signed into law legislation that requires the California Division of Occupational Safety and Health (Cal/OSHA) to submit a draft rulemaking proposal to revise the California Code of…more

Cal-OSHA, Emergency Response, Good Samaritans, Governor Newsom, Health and Safety

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DHS Extends Flexibility in I-9 Compliance Rules

On May 14, 2020, the U.S. Department of Homeland Security’s (DHS) Immigration and Customs Enforcement (ICE) agency announced an extension of its prior guidance relaxing the in-person verification requirements of Form I-9 for…more

Department of Homeland Security (DHS), Form I-9, Immigration and Customs Enforcement (ICE), Inspections

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Proposed Amended PAGA Statute Would Bring Some Relief to Employers

The California Legislature recently introduced two complementary bills to reform the Private Attorneys General Act of 2004 (PAGA)…more

Department of Industrial Relations, Governor Newsom, Labor Code, Penalties, Private Attorneys General Act (PAGA)

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Bots or Copycats? Website Accessibility Demand Letters and Website Complaints in a New Age

When one of our clients recently received nearly-identical demand letters from remote, unrelated, and unrepresented parties claiming website accessibility and threatening legal action for damages under the Americans with…more

Americans with Disabilities Act (ADA), Best Practices, Bots, Demand Letter, Department of Justice (DOJ)

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Amendment to Virginia Overtime Wage Act Restores Certain Employee Overtime Exemptions

Over the past 16 months, a quiet labor and employment law revolution has been underway in Virginia. In the first quarter of 2021, the Virginia General Assembly doubled down legislative initiatives, imposing several additional…more

Amended Legislation, Exempt-Employees, Fair Labor Standards Act (FLSA), Over-Time, State Labor Laws

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Illinois Extends Sexual Harassment Protection to Unpaid Interns

Further extending the Illinois Human Rights Act’s already expansive protection of victims of sexual harassment, Illinois Governor Pat Quinn last month signed into law a bill amending the Act to protect unpaid interns against…more

Employer Liability Issues, Human Rights, New Amendments, Sexual Harassment, Unpaid Interns

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Delay the USMCA? Business Leaders Call for Postponing Implementation of the ‘New NAFTA’

The United States–Mexico–Canada Agreement (USMCA) was signed by U.S. President Donald Trump, former Mexican President Enrique Peña Nieto, and Canadian Prime Minister Justin Trudeau on November 30, 2018. The USMCA was designed to…more

Canada, Coronavirus/COVID-19, Free Trade Agreements, Mexico, NAFTA

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German Federal Labor Court Ruling Facilitates Presentation of Evidence When Notice of Termination Is Served by Registered Mail

Germany’s Federal Labor Court (Das Bundesarbeitsgericht (BAG)) recently held that there is prima facie evidence that a so-called registered letter is generally posted in the mailbox within the usual local mail delivery times…more

Email, Employment Litigation, Evidence, Germany, Hiring & Firing

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Mexico Amends Human Trafficking Law to Include Excess Work Shifts as a Crime of Labor Exploitation

Mexico’s General Law to Prevent, Punish, and Eradicate Crimes Related to Human Trafficking and for the Protection and Assistance to the Victims of These Crimes (“Human Trafficking Law”) has as its purpose to protect the life,…more

Amended Legislation, Employer Liability Issues, Exploitation, Human Trafficking, Mexico

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States Continue to Target Restrictive Covenants

Connecticut, Indiana, New York, Rhode Island, and Utah are among the latest states to propose further limitations on the use of post-employment restrictive covenants…more

Contract Terms, Employer Liability Issues, Employment Contract, New Legislation, Non-Compete Agreements

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Past Practice in the Past? NLRB Narrows Past Practice Defense for Employer Unilateral Action During Bargaining

On August 30, 2023, the National Labor Relations Board (NLRB) released two decisions that will make it more difficult for employers to implement past practices during a break in bargaining or at an impasse, opening the door for…more

Collective Bargaining, Collective Bargaining Agreements (CBA), Contract Terms, Corporate Counsel, Employer Liability Issues

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Coming to a Retirement Plan Near You in 2024 - Long-Term, Part-Time Employees

Beginning January 1, 2024, employers will be required to allow Long-term, part-time (LTPT) employees to make deferral contributions to qualified retirement plans that contain cash or deferred arrangements. Deferrals for LTPT…more

401k, Benefit Plan Sponsors, Corporate Counsel, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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IRS Issues Additional Guidance on the COBRA Subsidy

On July 26, 2021, the Internal Revenue Service (IRS) released Notice 2021-46 to provide additional guidance on the Consolidated Omnibus Budget Reconciliation Act (COBRA) subsidy under the American Rescue Plan Act of 2021 (ARPA)…more

American Rescue Plan Act of 2021, COBRA, Employer Group Health Plans, Guidance Update, IRS

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U.S. Travel Restrictions and Delayed Consular Operations Persist as Pandemic Continues

On July 22, 2021, the Biden administration extended travel restrictions affecting travel between U.S., Canadian, and Mexican land ports of entry until August 21, 2021. In so doing, the Biden administration confirmed that it is…more

Biden Administration, Canada, Consulate, Coronavirus/COVID-19, Cross-Border Transactions

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Arizona Unveils New State Emphasis Program to Address Heat-Related Illnesses

The Arizona Division of Occupational Safety and Health (ADOSH) has unveiled a new comprehensive state emphasis program (SEP) aimed at mitigating heat-related illnesses and injuries at both indoor and outdoor workplaces…more

Arizona, Employer Liability Issues, Health and Safety, Heat Exposure, Workplace Hazards

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OFLC Announces Final Decommission of Permanent Online System and USCIS Offers Guidance for Filing I-140 Using New Form ETA-9089

The U.S. Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) announced that the legacy iCERT system for the preparation and submission of labor certification applications will be fully decommissioned on…more

Department of Labor (DOL), Form I-140 Petitions, Immigration Procedures, Labor Certifications, New Guidance

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Illinois’s Workers’ Compensation Rule Update: Court Halts Enforcement of New Rule That Presumes COVID-19 Infections Are Work-Related

On April 27, 2020, the Illinois Workers; Compensation Commission rescinded its emergency rule that had expanded the presumption of work relatedness for COVID-19 infections to all businesses that are deemed to be critical under…more

Coronavirus/COVID-19, Infectious Diseases, New Regulations, Occupational Exposure, Shelter-In-Place

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Connecticut Expands Paid Sick Law to Establish Entitlements for Most Employees by 2027

On May 6, 2024, the Connecticut General Assembly expanded its 2012 landmark legislation that required private-sector employers with fifty or more employees to provide paid sick time to all “service workers.” The bill, which was…more

Covered Employees, Covered Employer, Notice Requirements, Paid Sick Leave, Paid Time Off (PTO)

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The Public Health Emergency Has Ended; Colorado Employees May Use Public Health Emergency Leave for Three More Weeks

On March 11, 2020, the World Health Organization declared COVID-19 to be a pandemic and the United States government initiated designated travel bans. Since January 1, 2021, the Colorado Healthy Families and Workplaces Act…more

Coronavirus/COVID-19, Infectious Diseases, Paid Leave, Public Health Emergency, Workplace Safety

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The Domino(’s) Effect - What to Expect as a Result of SCOTUS’s Denial of Cert

On October 7, 2019, the Supreme Court of the United States dashed the hopes of the business community for relief from website access litigation when it announced that it had denied Domino’s Pizza, LLC’s petition for certiorari…more

Americans with Disabilities Act (ADA), Appeals, Certiorari, Department of Justice (DOJ), Dominos

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Workplace Safety Concerns for Florida Employers in Anticipation of Hurricane Helene

Tropical Storm Helene is projected to hit Florida’s Gulf Coast as a major hurricane later this week, and evacuations are already underway in parts of the state. Employers are likely to face inevitable workplace safety risks with…more

Disaster Preparedness, Emergency Management Plans, Employer Liability Issues, General Duty Clause, Hurricane Season

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New Jersey Appellate Division Addresses Employers’ Obligation to Reimburse Employee Business Expenses

Are New Jersey employers required to reimburse employees for business-related expenses? The Superior Court of New Jersey, Appellate Division, recently considered whether an employer’s failure to reimburse an employee for costs…more

Business Expenses, Employer Liability Issues, Employment Policies, Reimbursements, State Labor Laws

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KOSHRC Suggests That All Kentucky Employers With More Than Eight Employees Must Develop Bloodborne Pathogen Training Programs

The Occupational Safety and Health Administration’s (OSHA) bloodborne pathogens standard, 29 C.F.R. § 1910.1030, requires employers having employees with “occupational exposure to blood or other potentially infectious materials”…more

Employer Responsibilities, Infectious Diseases, State OSHA Laws, Training Requirements, Workplace Safety

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New Jersey Eases COVID-19 Restrictions for Private Indoor Workplaces

New Jersey Governor Phil Murphy signed legislation (A5820/S3866) and Executive Order (EO) No. 244 on June 4, 2021, ending the COVID-19 Public Health Emergency (but not the overall state of emergency) first declared on March 9,…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Executive Orders, Governor Murphy, New Legislation

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Employers Prepare for Higher Costs as USCIS Increases Premium Processing Fees

The U.S. Department of Homeland Security (DHS) announced that the fees charged by U.S. Citizenship and Immigration Services (USCIS) for premium processing of certain visa petitions will increase from the current rate of $1,225…more

Department of Homeland Security (DHS), Fees, H-1B, Immigration Procedures, USCIS

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ICE Issues Updated Guidance and Restricts Online Options for New Students for Fall 2020 Semester

On July 24, 2020, U.S. Immigration and Customs Enforcement’s (ICE) Student and Exchange Visitor Program (SEVP) issued updated guidance for international students pursing education programs in the United States. The follow-up…more

Coronavirus/COVID-19, F-1 Visa, Foreign Students, Guidance Update, Immigration and Customs Enforcement (ICE)

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New Amendment to the Federal Labor Law in Mexico Raises Minimum Age for Employment

On June 12, 2015, a new amendment to the Federal Labor Law (FLL) was published in the Official Gazette, increasing the minimum age for employment from 14- to 15-years-old. This amendment is consistent with the…more

Hiring & Firing, Labor Code, Mexico, Minors

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Nevada Employers, Beware the Impact of the Increased State Minimum Wage on the Daily Overtime Rate

Many employers with business operations in Nevada are aware by now that Assembly Bill 456, enacted in June 2019, increases the minimum wage in increments of 75 cents annually on July 1 of each year through 2024. Thus, beginning…more

Minimum Wage, Over-Time, State Labor Laws, Wage and Hour

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NLRB’s Proposed Rule Change Expands Employee Free Choice in the Construction Industry

Under the National Labor Relations Act (NLRA), employees have the right to determine whether union representation is in their best interests. The freedom of employees to make this critical choice in an atmosphere free of…more

Collective Bargaining, Collective Bargaining Agreements (CBA), Comment Period, Construction Industry, Contract Terms

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Dallas County Judge Jenkins Issues Stay-at-Home Order Through April 30, 2020

On April 3, 2020, Dallas County Judge Clay Jenkins issued an amended “safe at home” order modifying the Declaration of Local Disaster for Public Health Emergency he issued on March 12, 2020. The amended order requires Dallas…more

Business Closures, Coronavirus/COVID-19, Municipalities, Operators of Essential Services, Public Health Emergency

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Hurricane Michael Relief: Resources for Employers and Workers

As employers attempt to keep their businesses running and give their employees the time necessary to deal with the devastating impact of Hurricane Michael, employers should not disregard the significant employment laws that…more

Family and Medical Leave Act (FMLA), FEMA, Hurricane Michael, Hurricane Season, Natural Disasters

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Florida’s 2019 Legislative Session Yields Bills Related to Vaping in the Workplace and Unemployment Benefits for Domestic Violence Victims

The Florida Legislature concluded its annual legislative session on Saturday, May 4, 2019. Over 20 employment-related bills were introduced, covering subjects such as E-Verify, criminal background screening, discrimination and…more

Domestic Violence, E-Cigarettes, Employment Policies, Pending Legislation, Proposed Legislation

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California Court Invalidates Arbitration Agreement With PAGA Waiver

In an unpublished decision, the California Court of Appeal, Third Appellate District denied an employer’s motion to compel arbitration of a former employee’s Private Attorneys General Act (PAGA) claims. Instead, the court held…more

Appeals, Arbitration Agreements, Contract Terms, Corporate Counsel, Employer Liability Issues

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DOL Announces Final Rule on Determining Independent Contractor Status

On January 9, 2024, the U.S. Department of Labor (DOL) announced the issuance of its final rule addressing worker classification under the Fair Labor Standards Act (FLSA). The 2024 rule, which goes into effect on March 11, 2024,…more

Biden Administration, Department of Labor (DOL), Effective Date, Fair Labor Standards Act (FLSA), Final Rules

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Fifth Circuit Finds That Employee Failed to Provide Adequate Notice of Needing FMLA Leave

On March 19, 2024, in Cerda v. Blue Cube Operations, LLC, the U.S. Court of Appeals for the Fifth Circuit affirmed a district court’s grant of summary judgment for an employer, finding that the employee’s acts of informing her…more

Corporate Counsel, Employment Litigation, Employment Policies, Family and Medical Leave Act (FMLA), Hiring & Firing

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Eleventh Circuit Limits Reach of OSHA’s ‘HazWoper’ Standard

On June 15, 2022, the United States Court of Appeals for the Eleventh Circuit issued a decision limiting the reach of the emergency response provisions of 29 C.F.R. § 1910.120, the Occupational Safety and Health Administration’s…more

Appeals, Emergency Response, Employment Litigation, Hazardous Waste, OSHA

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The NLRB Throws a Flag on NCAA Division I Football and Explains Some Rules to Colleges and Universities

In an official memorandum entitled “General Counsel’s Report on the Statutory Rights of University Faculty and Students in the Unfair Labor Practice Context,” the National Labor Relations Board (NLRB) General Counsel Richard F…more

College Athletes, Colleges, Columbia University, Employee Rights, Football

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New Guidance Imposes Finding of Misrepresentation for Conduct Inconsistent With Visa Within 90 Days of Entry

The U.S. Department of State (DOS) has issued new guidance establishing a presumption of willful misrepresentation when a foreign national, within 90 days of entry into the United States, engages in conduct that violates the…more

Foreign Nationals, Misrepresentation, New Guidance, Trump Administration, US Department of State

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Massachusetts Supreme Judicial Court Clarifies Franchisee vs. Employee Classification

In the ever-evolving landscape of employment law, a recent Massachusetts Supreme Judicial Court (SJC) opinion, Patel v. 7-Eleven, Inc., has shed light on a critical question: When is a franchisee considered an employee of the…more

7-Eleven, ABC Test, Franchisee, Franchises, Franchisors

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Human Resources’ Role in Data Privacy and Cybersecurity, Part IV: Communicating Effectively With Employees After a Data Breach

In today’s data-driven environment, effective communication during a cybersecurity breach is crucial for maintaining employee trust and confidence. This fourth article in our five-part series on employee data privacy focuses on…more

Best Practices, Cybersecurity, Data Breach, Data Privacy, Employer Liability Issues

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New York State Assembly Passes Non-Compete Bill

On June 20, 2023, the New York State Assembly approved one of two bills concerning non-compete agreements that the New York State Senate just recently passed. Bill No. S3100A, which would prohibit employers from using…more

Contract Terms, Employment Contract, Non-Compete Agreements, Pending Legislation, Restrictive Covenants

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NLRB General Counsel Says ‘Stay-or-Pay’ Provisions Are Unlawful, Calls for Make-Whole Remedies for Noncompetes

In another post-McLaren Macomb challenge to common employer/employee agreements, on October 7, 2024, the National Labor Relations Board (NLRB) general counsel (GC) issued a memorandum warning employers that the GC views…more

Contract Terms, Cure Periods, Employment Contract, NLRB, NLRB General Counsel

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Weed at Work: Can Georgia Employers Still Drug Test?

Across the United States, a broad legal spectrum has developed regarding the use of marijuana, thus creating great uncertainty among employers that have long striven to maintain drug-free workplaces. Federally, marijuana…more

Cannabidiol (CBD) oil, Controlled Substances Act, DEA, Decriminalization of Marijuana, Employment Policies

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New York State Publishes Proposed Paid Sick Leave Regulations

Earlier this year, New York State enacted a statewide paid sick leave (PSL) law, which took effect on September 30, 2020. Entitlement to use leave under the law begins on January 1, 2021, and, the New York State Department of…more

Employee Benefits, Employment Policies, New Legislation, Paid Leave, Paid Sick Leave Act

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10 Answers to FAQs Regarding the Illinois Day and Temporary Labor Services Act

Several amendments to the Illinois Day and Temporary Labor Services Act will become effective June 1, 2018. Staffing agencies (also known as “suppliers”) and user employers (“users”) are finding that some of the law’s…more

Amended Regulation, Day Laborers, Temporary Employees

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The Ninth Circuit Speaks Out on Mental Health Parity

On April 11, 2024, the U.S. Court of Appeals for the Ninth Circuit, in Ryan S. v. UnitedHealth Group, Inc., set a very broad pleading standard to allege a violation of the Paul Wellstone and Pete Domenici Mental Health Parity…more

Algorithms, Claims Processing Systems, Health Insurance, Mental Health, Mental Health Parity Rule

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EEOC Announces Proposed Changes to EEO-1 Report Requiring Large Employers to Report Pay Data

On January 29, 2016, the U. S. Equal Employment Opportunity Commission (EEOC) announced a proposed revision to the Employer Information Report (EEO-1) that will require private employers, including federal contractors, with 100…more

EEO-1, Equal Employment Opportunity Commission (EEOC), Lilly Ledbetter, OFCCP, Pay Discrimination

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Seventh Circuit Says Employers May Need to Accommodate Transportation Issues Under ADA

In EEOC v. Charter Communications, LLC, the Seventh Circuit Court of Appeals recently held an employee with a disability may be entitled to an Americans with Disabilities Act (ADA) accommodation to get to work when attendance in…more

Americans with Disabilities Act (ADA), Appeals, Commuting, Employer Liability Issues, Employment Litigation

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Layoffs Without WARN-ing: How to Use the Unforeseeable Business Circumstance Exception

A recent federal trial court decision out of Delaware, In re AE Liquidation, Inc. v. Burtch, No. 14-1492-LPS (D. Del. Mar. 31, 2016), illustrates how, even in the context of a very troubled business, the Worker Adjustment and…more

Chapter 11, Commercial Bankruptcy, Commercially Reasonable Efforts, Corporate Counsel, Entrepreneurs

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Alabama Worker’s ADA Suit Runs Out of Air: Federal Court Dismisses Failure to Accommodate and Retaliation Claims

The U.S. District Court for the Northern District of Alabama recently granted summary judgment to United States Steel Corporation, finding that the company did not deny Raymond Carr III, a former employee with chronic…more

Americans with Disabilities Act (ADA), Constructive Discharge, Disability, Employment Litigation, Equal Employment Opportunity Commission (EEOC)

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IRS Provides Plan Amendment Deadline Relief

Earlier this year, the Internal Revenue Service (IRS) issued Notice 2022-23, which extended the deadline to make certain amendments pursuant to the Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019, the…more

403(b) Plans, 457(b) Plans, Benefit Plan Sponsors, CARES Act, Employee Benefits

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SECURE 2.0: Oops! So the Employer-Sponsored Retirement Plan Overpaid?

SECURE 2.0 may cause some insecurity. However, the law’s changes to the treatment of overpayments from employer-sponsored retirement plans may replace that insecurity with relief…more

Amended Legislation, Benefit Plan Sponsors, Employee Benefits, Overpayment, Recoupment

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Illinois Supreme Court Rules Privacy Act Claims Accrue with Each Biometric Scan

On February 17, 2023, the Supreme Court of Illinois held claims under the Illinois Biometric Information Privacy Act (Privacy Act or BIPA) accrue on each and every scan or collection and further allowed so-called per scan…more

Biometric Information, Biometric Information Privacy Act, Corporate Liability, Employer Liability Issues, Employment Litigation

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European Parliament Adopts Artificial Intelligence Act

On March 13, 2024, European Union policymakers finally passed the long anticipated Artificial Intelligence Act (AI Act), the world’s first comprehensive artificial intelligence (AI) legislation, providing employers with…more

Artificial Intelligence, Compliance, Employment Policies, EU, European Parliament

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’Tis the Season to Be Mindful of Religious Accommodation Obligations

So it begins—the annual holiday marathon. But which holidays come to mind? Thanksgiving, Christmas, Hanukkah, Kwanza, Festivus? A version of this article first appeared on Law360…more

Discrimination, Employer Liability Issues, Employment Policies, Equal Employment Opportunity Commission (EEOC), Holidays

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After a Long Warm-Up, OSHA’s Proposed ‘Walkaround Rule’ Gets OIRA’s Final Approval to Run (in the Federal Register)

A yearslong saga seems to be coming to an end now that the Office of Information and Regulatory Affairs (OIRA) has completed its review of the Occupational Safety and Health Administration’s (OSHA) “walkaround rule,” 29 C.F.R…more

Bargaining Units, Final Rules, Inspection Rights, OIRA, OSHA

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May 2024 Visa Bulletin Shows No Advancement in Final Action Dates for EB-1, EB-2, and EB-3 Categories

The U.S. Department of State recently released the May 2024 Visa Bulletin. The bulletin does not show any movement from last month for most employment-based preference categories…more

Adjustment of Status, EB-1, EB-2, EB-3, Immigration Procedures

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Long-Awaited NLRB Joint Employer Rule Sets Employer-Friendly Standard for Joint Employer Determinations

Federal labor agencies have kicked their rulemaking efforts into high gear. One month after the U.S. Department of Labor published a final rule defining (and limiting) when one entity can be deemed the joint employer of…more

Browning-Ferris Industries of California Inc., Control Test, Corporate Counsel, Final Rules, Franchises

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Philadelphia Mayor’s Mandate Requiring Return to In-Person Work Prevails in Court of Common Pleas

Mayor Cherelle Parker’s mandate requiring City of Philadelphia remote workers to return to their offices took effect on July 15, 2024, following the Philadelphia Court of Common Pleas judge’s denial of a local union’s request…more

Collective Bargaining Agreements (CBA), Executive Orders, Mayors, Municipalities, Public Employees

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USCIS Announces FY 2025 H-1B Registration Period and New Beneficiary-Centric System

U.S. Citizenship and Immigration Services (USCIS) has announced that the registration period for fiscal year (FY) 2025 will open on Wednesday, March 6, 2024, at noon ET and run until noon ET on Friday, March 22, 2024. USCIS will…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Immigration Procedures, Registration Requirement

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Deferred Enforced Departure Announced for Certain Lebanese Nationals

On July 26, 2024, President Biden announced Deferred Enforced Departure (DED) for certain Lebanese nationals for a period of eighteen months, which took effect immediately. The president also directed the U.S. Department of…more

Biden Administration, Department of Homeland Security (DHS), Employment Authorization Documents (EAD), F-1 Visa, Foreign Nationals

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Navigating Meal Period Compliance: Key Insights From Recent Washington Court Ruling for Employers

An appellate court in Washington state recently held a hospital liable to pay employees who worked through meal period breaks for their time worked plus compensation for an additional break as a penalty, highlighting Washington…more

Class Action, Compliance, Employee Rights, Employment Litigation, Minimum Wage

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EU Publishes Groundbreaking AI Act, Initial Obligations Set to Take Effect on February 2, 2025

On July 12, 2024, the European Union published the language of its much-anticipated Artificial Intelligence Act (AI Act), which is the world’s first comprehensive legislation regulating the growing use of artificial intelligence…more

Artificial Intelligence, Automation Systems, Biden Administration, Compliance, Compliance Dates

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Chicago Paid Sick Leave Ordinance: A Narrow Amendment With Broad Implications

The Chicago Paid Sick Leave Ordinance and the Cook County Earned Sick Leave Ordinance took effect in July 2017. The language of each ordinance largely mirrors the other, and where an employer falls under the jurisdiction of…more

Earned Sick Time, Enforcement Authority, Local Ordinance, Paid Sick Leave Act, Sick Leave

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New York’s New Employment Discrimination Laws Are Here

As we previously reported, the New York State Senate and Assembly passed an omnibus bill that overhauls New York’s antidiscrimination laws and uproot precedent upon which employers have relied for decades in defending harassment…more

Arbitration, Employer Liability Issues, Employment Contract, Harassment, Mandatory Arbitration Clauses

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New Jersey High Court Updates State’s Arbitration Case Law to Reflect Modern Business Practice

For the second time in a little over one month, the Supreme Court of New Jersey has issued an employer-friendly ruling upholding the enforceability of arbitration agreements in the employment context. On July 19, 2020, we wrote…more

Arbitration Agreements, Electronic Communications, Employment Contract, Mandatory Arbitration Clauses, NJ Supreme Court

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First Circuit Weighs in on ADA’s ‘Single Integrated Employer’ Test and Reckless Indifference Standard for Punitive Damages

In Burnett v. Ocean Properties, Ltd., et al., the First Circuit Court of Appeals upheld a jury verdict for the plaintiff in his failure to accommodate claim under the Americans with Disabilities Act (ADA) and the Maine Human…more

Americans with Disabilities Act (ADA), Appeals, Compensatory Damages, Disability Discrimination, Employer Liability Issues

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California Pushes Employers to Make Drinking Water More Easily Available to Workers

On February 6, 2023, California’s Occupational Safety and Health Appeals Board (OSHAB) held that employers must provide their outdoor workers with drinking water at a location “as close as practicable,” effectively creating a…more

Administrative Law Judge (ALJ), Agricultural Sector, Agricultural Workers, Cal-OSHA, Construction Industry

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COVID-19 and Construction: Cal/OSHA Emergency Temporary Standards Address Issues for Industry Employers

The California Division of Occupational Safety and Health (Cal/OSHA) recently updated its frequently asked questions (FAQs) guidance, “COVID-19 Emergency Temporary Standards Frequently Asked Questions”. The FAQs clarified some…more

Cal-OSHA, Construction Industry, Coronavirus/COVID-19, Employer Responsibilities, Guidance Update

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Recognizing Juneteenth and Strengthening Commitment to Diversity

June 2022 marks one year since President Joe Biden signed the Juneteenth National Independence Day Act on June 17, 2021, designating Juneteenth as the 11th federally recognized public holiday in the United States. While…more

Diversity, Diversity and Inclusion Standards (D&I), Heritage & Culture, Holidays, Legal History

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USCIS Adjustment of Status Application Guidance for EB-2 Indian Nationals

The U.S. Department of State’s July 2022 Visa Bulletin indicates a significant advancement for Indian nationals in the second preference category for employment-based (EB-2) visas. On February 18, 2022, U.S. Citizenship and…more

Adjustment of Status, EB-1, EB-2, Foreign Nationals, I-485 Applications

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New Jersey Bills Seek to Strengthen Protections Against Employment Discrimination and Promote Equal Pay for Women

On January 19, 2017, and on February 13, 2017, two bills (A4515 and S3014) were introduced in the New Jersey Legislature that would amend the New Jersey Law Against Discrimination to specifically prohibit employers from…more

Employer Liability Issues, Pay Discrimination, Pending Legislation, Wage and Hour

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Biden Administration Abandons Trump-Era Public Charge Rule

On March 9, 2021, the U.S. Department of Homeland Security (DHS) announced that the Biden administration would no longer enforce the 2019 public charge rule implemented by the Trump administration. DHS Secretary Alejandro N…more

Biden Administration, Department of Homeland Security (DHS), Foreign Nationals, Green Cards, Immigration Procedures

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5 City Ordinances Every Employer With Employees in Philadelphia Should Know

The City of Philadelphia maintains several employment-specific ordinances that enhance preexisting state and federal employee protections or create new employment rights. Some of these apply even if the employer has only one…more

Ban the Box, Criminal Background Checks, Drug Testing, Fair Workweek, Healthy Families Act

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The Families First Coronavirus Response Act FAQs: The FMLA Amendments and Paid Sick Leave Requirements of the New Law (Update)

Last updated on March 30, 2020 to conform with the U.S. Department of Labor’s (DOL) guidance dated March 28, 2020. On March 18, 2020, President Donald Trump signed the Families First Coronavirus Response Act (FFCRA) in…more

Coronavirus/COVID-19, Department of Labor (DOL), Employer Responsibilities, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA)

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Election Essentials: An Employer’s Guide to Employee Time Off to Vote in Minnesota, Iowa, South Dakota, and North Dakota

With Election Day approaching, here is a timely reminder for employers in Minnesota, Iowa, South Dakota, and North Dakota regarding their obligations under these states’ laws to excuse employees from work to go to the polls…more

Employee Rights, Presidential Elections, State Labor Laws, Voting Leave, Voting Rights

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Georgia Courts Cannot Toll Duration of Noncompete Agreement, Even Against Willful Violator

Since the passage of the Georgia Restrictive Covenants Act (O.C.G.A. § 13-8-50 et seq.) in May 2011, there has been some level of uncertainty regarding the extent to which a court may “blue pencil” or modify an otherwise…more

Blue Pencil Contract Modification, Breach of Contract, Contract Drafting, Employer Liability Issues, Employment Contract

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DEI Under Scrutiny, Part XII: Scope of Pending Legal Challenge to Nasdaq’s Diversity Rule Narrows

On July 25, 2024, the U.S. Securities and Exchange Commission (SEC) notified the U.S. Court of Appeals for the Fifth Circuit that at least part of the basis for the currently pending legal attack on the Nasdaq’s proposed…more

Administrative Procedure Act, Board of Directors, Constitutional Challenges, Corporate Governance, Diversity

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Ninth Circuit Holds a Second Medical Opinion Is Not Necessary to Challenge an Employee’s Entitlement to FMLA Leave

The U.S. Court of Appeals for the Ninth Circuit recently held that an employer may challenge an employee’s entitlement to the benefits of the Family and Medical Leave Act (FMLA) without the necessity of obtaining a second…more

Appeals, Employment Litigation, Family and Medical Leave Act (FMLA), Hiring & Firing, Medical Leave

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USCIS Will Conduct a Second Selection Round for FY 2025 H-1B Cap Registrations

On July 30, 2024, U.S. Citizenship and Immigration Services (USCIS) announced it would begin selecting additional random H-1B cap registrations from the regular cap to reach its fiscal year (FY) 2025 numerical quota…more

H-1B, Highly-Skilled Workers Visa, Immigration Procedures, USCIS, Visa Caps

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Ontario Bills Address Pay Transparency, Nondisclosure Agreements, Work History, and Hospitality Worker Training Pay

It has been a busy time for Ontario legislators who have proposed a number of employment-related changes that, if passed, would increase obligations for employers. This article briefly identifies a number of initiatives that…more

Canada, Disclosure Requirements, Employer Liability Issues, International Labor Laws, Ontario

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Federal Court Rules That Online-Only Retailer’s Website Is Not a ‘Place of Public Accommodation’ Under the ADA

On February 9, 2024, a federal judge in the Western District of Pennsylvania departed from earlier rulings in the district to hold that an online retailer’s website and its other digital properties did not constitute a “place of…more

Americans with Disabilities Act (ADA), Disability Discrimination, Public Accommodation, Title III, Website Accessibility

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Wyoming Supreme Court Eliminates the Blue Pencil Rule for Noncompete Agreements

On February 25, 2022, the Wyoming Supreme Court issued a decision prohibiting courts from revising, or “blue penciling,” noncompete agreements to be reasonable and enforceable under the law. The decision overrules the Wyoming…more

Appeals, Blue Pencil Contract Modification, Breach of Contract, Contract Interpretation, Contract Terms

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Past Practice in the Past? NLRB Narrows Past Practice Defense for Employer Unilateral Action During Bargaining

On August 30, 2023, the National Labor Relations Board (NLRB) released two decisions that will make it more difficult for employers to implement past practices during a break in bargaining or at an impasse, opening the door for…more

Collective Bargaining, Collective Bargaining Agreements (CBA), Contract Terms, Corporate Counsel, Employer Liability Issues

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DOL Issues Guidance on Room and Board Deductions for Home Care Workers

On December 17, 2015, the U.S. Department of Labor’s (DOL) Wage and Hour Division issued guidance on permissible deductions for lodging under the Fair Labor Standards Act (FLSA), with particular emphasis on the law’s effect on…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Home Health Agencies, Home Healthcare Workers, Reimbursements

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United States Expected to Limit Visas to Certain Chinese Citizens

A new policy enacted by the U.S. Department of State (DOS) instructs United States consular officers to limit the issuance of visas to some Chinese citizens as part of the administration’s measures to address China’s alleged…more

China, Intellectual Property Protection, National Security, STEM, U.S. Commerce Department

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Maine DOL Issues Final Mandatory Paid Leave Rules

The countdown is on for when Maine officially becomes the first state to require private employers to provide earned paid leave to employees for any reason. On January 1, 2021, private employers with more than 10 employees in…more

Earned Sick Time, Paid Leave, State Labor Departments, State Labor Laws, Wage and Hour

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The Latest in Multi-Jurisdictional Compliance for Using E-Signatures

​​​​​​​Electronic signatures or e-signatures are an increasingly essential tool in today’s technology-dependent workplace, especially for employers that are hiring remote workers. While state and federal law generally recognizes…more

Best Practices, Digital Signature Standards, E-SIGN, E-Signatures, Employer Responsibilities

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First Circuit Affirms FAAAA Preemption of Massachusetts Independent Contractor Law

On May 11, 2016, the First Circuit Court of Appeals issued the latest of several decisions supporting and furthering federal preemption of the Massachusetts independent contractor statute for businesses that qualify as motor…more

Commercial Truck Drivers, Federal Aviation Administration Authorization Act of 1994 (FAAAA), Independent Contractors, Misclassification, Motor Carriers

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San Diego Extends COVID-19 Hotel and Janitorial Worker Recall and Retention Ordinance Until March 2022

On March 2, 2021, the City Council of San Diego, California, extended the “COVID-19 Worker Recall and Retention Ordinance” (O-21231/O-2021-20). The ordinance provides certain rights and preferences to hotel and janitorial…more

Commercial Property Owners, Coronavirus/COVID-19, Employee Retention, Entertainment Venues, Hospitality Industry

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Louisiana Appellate Court Reminds Employers of the Strict Rules for Enforceable Noncompete Agreements

Advanced Medical Rehab, L.L.C. (AMR), is a marketing company that represents several medical clinics in Louisiana and markets the medical services of those clinics to personal injury law firms. When AMR learned that Shelby…more

Contract Terms, Employer Liability Issues, Non-Compete Agreements, Restrictive Covenants, Unenforceable Contract Terms

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What the Final Mental Health Parity Rules Mean for Employers

The wait is over, and now the work begins for health plan sponsors. Much-anticipated final rules implementing the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) were recently…more

Benefit Plan Sponsors, Department of Health and Human Services (HHS), Department of Labor (DOL), Employer Group Health Plans, Health Insurance

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Los Angeles Adopts COVID-19 Right of Recall and Worker Retention Ordinances

On May 4, 2020, Mayor Eric Garcetti signed two new ordinances governing employee right of recall and worker retention in the City of Los Angeles. The ordinances provide certain rights and preferences to various workers whose…more

Coronavirus/COVID-19, Employee Retention, Local Ordinance, Mayor Garcetti, Rehiring Issues

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Proposed Amended PAGA Statute Would Bring Some Relief to Employers

The California Legislature recently introduced two complementary bills to reform the Private Attorneys General Act of 2004 (PAGA)…more

Department of Industrial Relations, Governor Newsom, Labor Code, Penalties, Private Attorneys General Act (PAGA)

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Congress Takes Aim at Noncompetition Agreements

The U.S. Congress has joined a growing number of state legislatures and the Federal Trade Commission (FTC) in seeking to curtail—or altogether end—the use of noncompetition agreements in the employment context…more

Employment Contract, Federal Trade Commission (FTC), Legislative Agendas, Non-Compete Agreements, Restrictive Covenants

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USCIS Resumes Premium Processing for All H-1B Petitions Filed on or Before December 21, 2018

Beginning February 19, 2019, U.S. Citizenship and Immigration Services (USCIS) will resume premium processing for all categories of H-1B petitions that were filed on or before December 21, 2018. USCIS has been gradually…more

H-1B, Highly-Skilled Workers Visa, Immigration Procedures, USCIS, Visas

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Coming Out of the Dark? Florida Governor Issues First Phase of Plan to Reopen the Sunshine State

On April 29, 2020, Governor Ron DeSantis issued Executive Order (EO) No. 2020-112, outlining the first phase of a three-phase plan to lift stay-at-home restrictions and reopen Florida following the state’s COVID-19 closures…more

Coronavirus/COVID-19, Executive Orders, Governor DeSantis, Re-Opening Guidelines

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Colorado Becomes 13th State to Pass “Ban the Box” Legislation

On May 28, 2019, Colorado governor Jared Polis signed into law the Colorado Chance to Compete Act (House Bill 19-1025), more commonly known as “ban the box” legislation. The recently signed Act is another example of pro-employee…more

Background Checks, Ban the Box, Criminal Background Checks, Criminal Records, Employer Liability Issues

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New Washington State Law Will Protect Job Applicants From Discrimination Based on Off-Duty Marijuana Use

Employers in Washington will soon be prohibited from making hiring decisions based on preemployment testing for off-the-job cannabis use or test results showing nonpsychoactive cannabis metabolites in an applicant’s hair, blood,…more

Drug Testing, Employer Liability Issues, Employment Policies, Hiring & Firing, Job Applicants

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Illinois Enacts Law Banning Racial Discrimination Based on Hairstyle or Hair Texture

On July 1, 2022, Illinois Governor J.B. Pritzker signed into law Senate Bill (SB) 3616, also known as the CROWN Act. The CROWN (“Create a Respectful and Open Workplace for Natural Hair”) Act (Public Act 102-1102) amends the…more

Governor Pritzker, Hairstyle Discrimination, Human Rights Act, New Legislation, Race Discrimination

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#MeToo in Medicine: Year in Review

In the year since the #MeToo movement took off in the wake of the exposé in The New York Times on Harvey Weinstein that shook the entertainment world, emboldened women (and men) have come forward to shine a light on sexual…more

#MeToo, American Medical Association, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Health Care Providers

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Federal Court Finds In-Home Caregivers Were Employees, Not Independent Contractors, Under ‘Economic Realities/Control’ Test

Issues related to whether individuals are independent contractors or employees receive significant attention by employers and governmental entities because of the critical impact of misclassification. The U.S. Department of…more

Caregivers, Civil Rights Act, Control Test, Department of Labor (DOL), Economic Realities Test

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California Court Affirms PAGA Claims Based on Cal/OSHA Violations: Are Further PAGA-Cal/OSHA Actions to Come?

In Sargent v. Board of Trustees of the California State University, the California Court of Appeal highlighted an important distinction between Private Attorneys General Act (PAGA) claims asserted against a public entity…more

Appeals, Cal-OSHA, Civil Monetary Penalty, Jury Trial, Labor Code

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Illinois Enacts Law Banning Racial Discrimination Based on Hairstyle or Hair Texture

On July 1, 2022, Illinois Governor J.B. Pritzker signed into law Senate Bill (SB) 3616, also known as the CROWN Act. The CROWN (“Create a Respectful and Open Workplace for Natural Hair”) Act (Public Act 102-1102) amends the…more

Governor Pritzker, Hairstyle Discrimination, Human Rights Act, New Legislation, Race Discrimination

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The Benefits of Sabbaticals: Attracting and Retaining Employees

The latest idea for attracting and retaining employees in this post-COVID-19–pandemic era of the Great Resignation and “quiet quitting” is one that was usually limited to professors in higher education: the sabbatical. The…more

401k, COBRA, Disability Insurance, Distribution Rules, Employee Benefits

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The Employment Law Authority - July/August 2013

In This Issue: - Supreme Court Issues Two Key Title VII Rulings - Ogletree Deakins Launches New Fall Seminar - Are Your HIPAA Privacy Policies Up To Date - OFCCP Clarifies Damages For Victims Of Bias - The…more

Bias, Confirmation Proceedings, Discrimination, Equal Employment Opportunity Commission (EEOC), Harassment

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Dallas County Judge Jenkins Issues Stay-at-Home Order Through April 30, 2020

On April 3, 2020, Dallas County Judge Clay Jenkins issued an amended “safe at home” order modifying the Declaration of Local Disaster for Public Health Emergency he issued on March 12, 2020. The amended order requires Dallas…more

Business Closures, Coronavirus/COVID-19, Municipalities, Operators of Essential Services, Public Health Emergency

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Diversity on Corporate Boards

The issue of diversity has expanded from the workplace to the corporate boardroom, with initiatives spearheaded by investors and other stakeholders to address the lack of diversity on corporate boards. These initiatives are…more

Board of Directors, Corporate Counsel, Corporate Governance, Disclosure Requirements, Diversity

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U.S. Visa Services Paused in Israel but Visa Waiver Program Starts Early

The U.S. embassy in Israel announced, on October 16, 2023, that it would cease immigrant and nonimmigrant visa services due to the country’s unpredictable security situation. Shortly after the U.S. embassy made this…more

Department of Homeland Security (DHS), Electronic Travel Authorization Program (eTA), Israel, Military Conflict, National Security

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Employer Smoke Accident and Prevention in Light of the 2023 Canadian Wildfires

From January through May 2023, 18,015 fires burned approximately 510,000 acres across the United States, according to the National Interagency Fire Center (NIFC). Wildfires on the west coast have become so prevalent that the…more

Air Quality Standards, Canada, New Guidance, NOAA, OSHA

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Texas Federal Judge Strikes Down NRLB’s New Joint-Employer Rule

On March 8, 2024, a judge from the U.S. District Court for the Eastern District of Texas blocked the National Labor Relations Board’s (NLRB) expanded joint-employer rule that would have made it more likely for employers to be…more

Chamber of Commerce, Control Test, Franchises, Joint Employers, NLRA

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NLRB Adopts New Union-Friendly Recognition Standard

On August 25, 2023, the National Labor Relations Board (NLRB) adopted a new standard for union representation that requires an employer to recognize and bargain with a union that has demonstrated majority status unless the…more

Ambush Election Rules, Bargaining Units, Collective Bargaining, Labor Relations, NLRA

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What the Final Mental Health Parity Rules Mean for Employers

The wait is over, and now the work begins for health plan sponsors. Much-anticipated final rules implementing the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) were recently…more

Benefit Plan Sponsors, Department of Health and Human Services (HHS), Department of Labor (DOL), Employer Group Health Plans, Health Insurance

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COVID-19–Related Employment Litigation: How It Started...How It’s Going

Over 2,500 COVID-19–related employment lawsuits were filed in the United States in 2020. Ogletree Deakins’ Interactive COVID-19 Litigation Tracker highlights the industries impacted, locations, and types of claims in these…more

Americans with Disabilities Act (ADA), Arbitration Agreements, Business Interruption, Centers for Disease Control and Prevention (CDC), Constructive Discharge

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Should Public Employers Consider Issuing a Janus Notice Where a Checkoff Clause is Contained in a CBA?

As of the Supreme Court’s recent decision in Janus v. American Federation of State, County, and Municipal Employees, Council 31, state laws requiring public sector collective bargaining agreements to contain agency shop clauses…more

Bargaining Units, Collective Bargaining Agreements (CBA), Fair Share Contribution, First Amendment, Janus v AFSCME

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D.C. Council Passes Minimum Wage Hike

The Council of the District of Columbia has voted to raise the minimum wage to $15.00 per hour by 2020, and Washington, D.C. Mayor Muriel Bowser is expected to approve the legislation. On June 7, 2016, by a unanimous vote…more

City Councils, Consumer Price Index, Local Ordinance, Minimum Wage, New Legislation

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Rhode Island Amends Pay Equity Law, Bans Salary History Inquiries, and Requires Pay Scale Disclosures

Rhode Island Governor Daniel McKee signed pay equity legislation (H 5261A, S 0270A) that will go into effect on January 1, 2023. The new legislation amends Rhode Island’s existing pay equity law and contains the following key…more

Employer Liability Issues, Equal Pay, Hiring & Firing, Pay Discrimination, Pay Equity Laws

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Los Angeles City Council Proposes Minimum Wage Increase for Hotel and LAX Workers

On April 7, 2023, the Los Angeles City Council proposed an ordinance to increase the minimum wage for both hotel workers and Los Angeles International Airport (LAX) workers. If passed, the ordinance would raise the minimum wage…more

Airports, Hospitality Industry, Hotels, Local Ordinance, Minimum Wage

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North Carolina Supreme Court Clarifies Lex Loci Doctrine for Claims Brought Under the Trade Secrets Protection Act

It is now clear what choice of law rule applies to claims brought under the North Carolina Trade Secrets Protection Act (NCTSPA). No North Carolina appellate court had ever answered that question prior to the Supreme Court of…more

Choice-of-Law, lex loci delicti, Misappropriation, NC Supreme Court, Trade Secrets

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Día de Muertos Is Around the Corner: Are November 1 and 2 Mandatory Holidays in Mexico?

Día de Muertos is one of the most identitarian Mexican festivities, and it takes place every November 1 and November 2. Throughout those days, the deceased are celebrated and remembered…more

Federal Labor Laws, Holiday Pay, Holidays, Mexico, Over-Time

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Connecticut Supreme Court Adopts Federal Definition of ‘Supervisor’ for State Law Hostile Work Environment Claims

A “supervisor,” for purposes of a Connecticut state hostile work environment claim, is an employee who is empowered by an employer to take tangible employment actions, the Connecticut Supreme Court recently held in O’Reggio v…more

Civil Rights Act, Commission on Human Rights, CT Supreme Court, Employer Liability Issues, Employment Litigation

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Hurricane eMatrix: OSHA’s Latest Guidance for Employers

The Atlantic hurricane season runs from June 1 to November 30 each year. This year, in mid-June, the Occupational Safety and Health Administration (OSHA) published the “Hurricane eMatrix,” a hazard exposure and risk assessment…more

Hurricane Season, OSHA, Risk Assessment, Severe Weather, Workplace Safety

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The Practical NLRB Advisor: Spring 2024

The Spring 2024 edition of the Advisor is a compilation of good and bad news for employers. On the good news side, we discuss several current challenges to administrative agency authority in general, and the National Labor…more

Administrative Law Judge (ALJ), Ambush Election Rules, Basketball, Board Members, Chevron Deference

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NLRB General Counsel Issues Memo on Securing Full Remedies in Settlements

On June 23, 2022, National Labor Relations Board General Counsel Jennifer A. Abruzzo issued Memorandum GC 22-06 advising Regions that they may seek a judgment to force employers to comply with the specific terms of settlement…more

New Guidance, NLRA, NLRB, NLRB General Counsel, Remedies

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Earned Paid Sick Time on Missouri’s 2024 Ballot: What Employers Need to Know

On Election Day, November 5, 2024, Missouri voters will have the opportunity to vote on Proposition A and decide whether Missouri will become the next state to require employers to provide earned paid sick time (PST) to eligible…more

Ballot Measures, Earned Sick Time, Employee Benefits, Paid Sick Leave, Paid Time Off (PTO)

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New York State’s Clean Slate Act to Take Effect on November 16, 2024: 5 Things for Employers to Know

New York has enacted the Clean Slate Act, effective November 16, 2024, which will provide for the automatic sealing of certain criminal history records. Upon sealing, the records will be unavailable to most employers in a…more

Background Checks, Conditional Job Offers, Criminal Background Checks, Criminal Records, Employer Liability Issues

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San Diego County Adopts Fair Chance Ordinance for Unincorporated Areas: What Employers Need to Know

Following the lead of other California cities and counties, the County of San Diego recently passed a local fair chance ordinance restricting the use of criminal history in employment decisions. Effective October 10, 2024,…more

Background Checks, Ban the Box, California, Criminal Background Checks, Employer Liability Issues

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Take a Break! Georgia Amends Its Lactation Break Law

The state of Georgia has had a lactation break law on the books for quite some time, but with House Bill 1090 the legislature made some important changes, effective August 5, 2020. As most employers know, the federal Fair Labor…more

Amended Legislation, Fair Labor Standards Act (FLSA), Lactation Accommodation, State Labor Laws

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U.S. District Court in Massachusetts Weighs in on the ‘Material Change’ Doctrine and Nurse Noncompetition Exemption

A recent ruling by the U.S. District Court for the District of Massachusetts in a restrictive covenant case, Ascend Learning, LLC v. Bryan and SPIN-Learning, LLC, No. 22-cv-11978 (August 16, 2023), has implications for the…more

Choice-of-Law, Confidentiality Agreements, Contract Terms, Limited Liability Company (LLC), Material Change Doctrine

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Mental Health Parity Compliance Remains a Key Focus for Federal Agencies

On July 25, 2023, the U.S. Department of Labor (DOL), the U.S. Department of Health and Human Services (HHS), and the U.S. Department of the Treasury released their annual report to the U.S. Congress regarding group health…more

Annual Reports, Consolidated Appropriations Act (CAA), Department of Health and Human Services (HHS), Department of Labor (DOL), EBSA

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OSHA Enforcement Memo for Animal Slaughtering and Meat Processing Industries Portends In-Depth, Lengthy Investigations

On October 15, 2024, the Occupational Safety and Health Administration (OSHA) issued a new enforcement memorandum related to the animal slaughtering and meat processing industries. This is an expansion of an October 2015…more

Agricultural Sector, Food Safety and Inspection Service (FSIS), Inspections, NAICS, OSHA

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OSHA Enforcement Memo for Animal Slaughtering and Meat Processing Industries Portends In-Depth, Lengthy Investigations

On October 15, 2024, the Occupational Safety and Health Administration (OSHA) issued a new enforcement memorandum related to the animal slaughtering and meat processing industries. This is an expansion of an October 2015…more

Agricultural Sector, Food Safety and Inspection Service (FSIS), Inspections, NAICS, OSHA

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Maryland Releases FAQs in Relation to Wage Range Transparency Act

The Maryland Department of Labor recently released key questions and answers regarding the state’s Wage Range Transparency Act, which took effect on October 1, 2024, amending the prior Equal Pay for Equal Work laws found in…more

Compensation & Benefits, Employer Liability Issues, Labor Regulations, Minimum Wage, Over-Time

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California Court of Appeal Creates Rift Regarding Trial Courts’ Power to Strike or Limit PAGA Claims for Unmanageability

On March 23, 2022, the Court of Appeal of the State of California, Fourth Appellate District, issued the latest ruling on the hotly contested issue of whether a trial court is empowered to dismiss or limit representative claims…more

Appeals, Class Action, Private Attorneys General Act (PAGA), Representational Standing, Split of Authority

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Washington State’s New Warehouse Employee Protections Begin on July 1, 2024

In response to abundant press reports of injury rates in warehouse and distribution centers, Washington State has joined New York and California in enacting a new law, House Bill (HB) 1762, regulating employers’ use of…more

Distribution Centers, Employer Liability Issues, Labor Reform, Quotas, State Labor Laws

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White House Permits Air Travel Into the United States for Fully Vaccinated Nonimmigrant Travelers, Beginning November 8, 2021

On October 25, 2021, the White House issued a presidential proclamation revoking the following proclamations with country-specific COVID-19 travel restrictions: Proclamation 9984 (China); Proclamation 9992 (Iran); Proclamation…more

Biden Administration, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Department of Homeland Security (DHS), Department of Transportation (DOT)

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Minnesota Ban on Staffing Agency Nonsolicitation Provisions to Take Effect July 1, 2024

A new Minnesota law taking effect on July 1, 2024, will ban the use of nonsolicitation agreements by staffing agencies and other service providers to prevent their customers, or the companies that contract for the staffing…more

Governor Walz, New Legislation, Non-Solicitation Agreements, Restrictive Covenants, Staffing Agencies

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DOL Proposes Substantial Increase to Salary Threshold for FLSA’s White Collar Exemptions

On August 30, 2023, the U.S. Department of Labor (DOL) released a Notice of Proposed Rulemaking (NPRM) that would significantly raise the minimum weekly salary to qualify for one of the Fair Labor Standards Act’s (FLSA) three…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Highly Compensated Employees, Minimum Salary

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Texas Committee Advances Bill to Prevent Municipalities From Enacting Employment Leave Ordinances

In 2018, the city councils in both Austin and San Antonio passed ordinances to require employers to provide paid sick leave to employees. The ordinances have faced legal challenges, including a ruling in November 2018 that the…more

Constitutional Challenges, Local Ordinance, Minimum Wage, Paid Leave, Preemption

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EU Publishes Groundbreaking AI Act, Initial Obligations Set to Take Effect on February 2, 2025

On July 12, 2024, the European Union published the language of its much-anticipated Artificial Intelligence Act (AI Act), which is the world’s first comprehensive legislation regulating the growing use of artificial intelligence…more

Artificial Intelligence, Automation Systems, Biden Administration, Compliance, Compliance Dates

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France Requires Employers to Investigate Harassment Claims Even Without Evidence

French employers are now obligated to investigate any allegation of harassment, even where the employee does not produce any evidence. This is the position taken by the French Cour de Cassation in November 27, 2019, case…more

Adverse Employment Action, Corporate Counsel, Employer Liability Issues, Employer Responsibilities, France

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Rescission of H-4 Work Authorization Is Delayed Until Spring 2020

Implementation of the rule rescinding H-4 work authorization has been delayed yet again. According to the Department of Homeland Security (DHS), the proposed rule is not expected to be published in the Federal Register until…more

Delays, Department of Homeland Security (DHS), Employment Authorization Documents (EAD), Green Cards, H-4

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Fifth Circuit Broadens Exceptions to At-Will Employment

On August 8, 2016, the Fifth Circuit Court of Appeals recognized a new public policy exception to the at-will employment doctrine, allowing a former employee to sue his employer for terminating his employment for legally storing…more

At-Will Employment, Gun Laws, Hiring & Firing, Public Policy, Wrongful Termination

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Five-Star High School Football Player Sues North Carolina State Board of Education Over NIL Prohibitions

Rolanda Brandon—the mother of sixteen-year-old star quarterback Faizon Brandon, the Greensboro, North Carolina, Grimsley High School football player who has committed to play for the University of Tennessee Volunteers in…more

Compensation, Name and Likeness, NCAA, Pending Legislation, Private Schools

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Reopening Missouri: A Look at State and Local Recovery Plans

The “Show Me” state largely sheltered in place on April 6, 2020, when Governor Michael L. Parson and the Missouri Department of Health and Senior Services (DHSS) issued their initial “Stay Home Missouri” order. This came on the…more

Coronavirus/COVID-19, Employer Responsibilities, Executive Orders, Governor Parson, Municipalities

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Georgia Courts Cannot Toll Duration of Noncompete Agreement, Even Against Willful Violator

Since the passage of the Georgia Restrictive Covenants Act (O.C.G.A. § 13-8-50 et seq.) in May 2011, there has been some level of uncertainty regarding the extent to which a court may “blue pencil” or modify an otherwise…more

Blue Pencil Contract Modification, Breach of Contract, Contract Drafting, Employer Liability Issues, Employment Contract

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South Carolina Human Affairs Commission Releases Prohibition Against Employment Discrimination Poster

On November 14, 2022, the South Carolina Human Affairs Commission revised its employment anti-discrimination poster. The poster serves to inform employees and applicants of the protected classes of individuals covered by the…more

Anti-Discrimination Policies, Employee Handbooks, Employee Rights, Posting Requirements, Pregnancy

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North Carolina Confronts Misclassification: What Your Organization Needs to Know About the Employee Fair Classification Act

Starting December 31, 2017, the North Carolina Industrial Commission will have a permanent Employee Classification Section responsible for taking complaints about and facilitating the sharing of information among state and…more

Employee Definition, Employer Liability Issues, Employer Mandates, Industrial Commissions, Misclassification

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Form I-9 Software: Avoiding Unlawful Discrimination When Selecting and Using I-9 and E-Verify Software Systems

A recent employer fact sheet from the U.S. Department of Justice (DOJ) and U.S. Department of Homeland Security (DHS) provides guidance for avoiding unlawful discrimination and other violations when using private software…more

Department of Homeland Security (DHS), Department of Justice (DOJ), E-Verify, Employer Liability Issues, Employment Discrimination

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Supreme Court to Hear Heterosexual Woman’s Reverse Discrimination Case

The Supreme Court of the United States has agreed to hear a case in which a female heterosexual employee claimed an Ohio state agency discriminated against her in favor of employees who identify as LGBTQ+. The case, Ames v. Ohio…more

Civil Rights Act, Demotions, Employment Litigation, Equal Employment Opportunity Commission (EEOC), Evidentiary Standards

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New California Law Mandates Female Representation on Boards of Directors by December 2019

On September 30, 2018, Governor Jerry Brown of California signed Senate Bill (SB) 826, a pioneering law mandating each publicly-held company headquartered in California to have at least one female on its board of directors. The…more

Board of Directors, Corporate Governance, Diversity, Equal Protection, Governor Brown

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California Governor Signs Freelance Worker Protection Act

On September 28, 2024, California Governor Gavin Newsom signed into law Senate Bill (SB) No. 988, the Freelance Worker Protection Act (FWPA). The FWPA provides minimum requirements for agreements between freelance workers and…more

Anti-Discrimination Policies, Contract Terms, Employer Liability Issues, Enforcement, Freelance Workers

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Employment Rights Bill Is Laid Before UK Parliament: What Employers Need to Know

The new Labour government has set out its plans for reforming the labour market in its Employment Rights Bill just within the first one hundred days in office. This volume of change was initially set out in the Labour…more

Administrative Agencies, Contract Terms, Employee Rights, Employment Contract, Flexible Work Arrangements

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Could Your OSHA 300 Logs Lead to a Chemical National Emphasis Program Inspection?

An appeal pending before the 11th Circuit Court of Appeals (U.S. v. Mar-Jac Poultry, Inc., No. 16-17745, 11th Cir.) reveals a novel approach the federal Occupational Safety and Health Administration (OSHA) is taking to expand…more

Agricultural Sector, Employer Liability Issues, OSHA, Reporting Requirements, Workplace Injury

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COVID-19–Related Employment Litigation: How It Started...How It’s Going

Over 2,500 COVID-19–related employment lawsuits were filed in the United States in 2020. Ogletree Deakins’ Interactive COVID-19 Litigation Tracker highlights the industries impacted, locations, and types of claims in these…more

Americans with Disabilities Act (ADA), Arbitration Agreements, Business Interruption, Centers for Disease Control and Prevention (CDC), Constructive Discharge

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Unionized Oregon Employers Have Until March 31, 2023, to Collect Employee Contributions to Paid Leave Oregon

Oregon employers with collective bargaining agreements (CBA) have until March 31, 2023, to begin deducting employee contributions to Paid Leave Oregon, the Paid Leave Oregon Advisory Committee clarified on March 1, 2023…more

Collective Bargaining Agreements (CBA), Employee Contributions, Employer Contributions, Paid Leave, Payroll Taxes

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Eleventh Circuit Highlights Importance of Safety Training in Affirming Willful Violation of OSHA Standard

The Eleventh Circuit Court of Appeals recently had the opportunity to remind employers not to ignore training employees on safety. Martin Mechanical Contractors, Inc. v. Secretary, U.S. Department of Labor, No. 17-12643 (March…more

Appeals, Corporate Counsel, Employee Training, Employer Liability Issues, Employment Litigation

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California Appellate Court Permits Use of Statistical Sampling to Prove Class Certification

Statistical sampling has always been an effective and efficient way for plaintiffs to establish class action liability in California. After some hope that a 2011 decision by the Supreme Court of the United States might hamper…more

Appeals, Class Certification, Corporate Counsel, Putative Class Actions, Statistical Sampling

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Trial Court’s Dismissal of Sexual-Orientation Discrimination Claim Was Proper Says Divided Missouri Court of Appeals

In Pittman v. Cook Paper Recycling Corp., WD 77973 (Mo. App. W.D. Oct. 27, 2015) a divided panel of the Missouri Court of Appeals for the Western District affirmed the dismissal of an employee’s claim of discrimination based on…more

Appeals, Discrimination, Dismissals, Equal Employment Opportunity Commission (EEOC), First Impression

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The Employment Law Authority - January/February 2017

A Moving Target: The Not So Final Overtime Rule - On November 22, 2016, a federal judge for the Eastern District of Texas issued a preliminary injunction temporarily blocking the U.S. Department of Labor (DOL) from…more

Collective Bargaining Agreements (CBA), Data Security, Department of Labor (DOL), Discrimination, e-Discovery

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Maine’s Governor Vetoes Bill to Regulate Commercial Sales of Marijuana

On November 3, 2017, Maine Governor Paul LePage announced that he had vetoed a bill sent to his desk with tepid support that would have taxed and regulated the commercial sale of recreational marijuana. The veto prolongs a…more

Decriminalization of Marijuana, Governor LePage, Governor Vetoes, Marijuana Related Businesses, Popular

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Charging Party Who Did Not Timely Open Link in EEOC Email Loses Her Chance to Sue

The day that a plaintiff receives the U.S. Equal Employment Opportunity Commission’s (EEOC) notice of his or her right to sue starts the running of the ninety-day period to file a lawsuit - not the date the plaintiff (or the…more

Dismissals, Electronic Communications, Email, Equal Employment Opportunity Commission (EEOC), Failure To State A Claim

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San Francisco Amends Fair Chance Ordinance, Restricts Employer Inquiries About Marijuana-Related Convictions

On April 3, 2018, San Francisco amended its Fair Chance Ordinance. The amended ordinance, which will take effect on October 1, 2018, will significantly impact employers that employ, or seek to employ, individuals to work eight…more

Amended Regulation, Ban the Box, Criminal Background Checks, Decriminalization of Marijuana, Fair Chance Act

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FTC Appeals Texas District Court Ruling that Blocked Noncompete Ban to Fifth Circuit

The Federal Trade Commission (FTC) is appealing a Texas federal court ruling that struck down the FTC’s noncompete ban nationally, teeing the case up to be heard by the U.S. Court of Appeals for the Fifth Circuit…more

Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Non-Compete Agreements

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NLRB Finds Joint Employer Status Can Exist Merely Based on Indirect or Potential Control

Overturning decades of precedent, the National Labor Relations Board (NLRB), on August 27, 2015, issued its long-awaited decision in Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery, 362 NLRB No…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Control Test, Franchises, Joint Employers

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President Biden’s At-Home COVID-19 Testing Reimbursement Plan Still Awaiting Details

On December 2, 2021, President Joe Biden made comments announcing the White House’s plan for combating COVID-19 and the emerging new variant, Omicron. As part of the nine-step plan, President Biden announced an initiative that…more

Benefit Plan Reimbursements, Benefit Plan Sponsors, Biden Administration, Coronavirus/COVID-19, Health Insurance

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Colorado Sick Leave Requirements Expanded to Cover Absences for Bereavement and Inclement Weather

On June 2, 2023, Governor Jared Polis signed into law Senate Bill (SB) 23-017, which expands the qualifying reasons an employee may take leave under the Colorado Healthy Families and Workplaces Act (HFWA)…more

Bereavement Leave, Governor Polis, Healthy Families Act, New Legislation, Paid Leave

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North Carolina’s New State Budget Makes Changes to Occupational Safety and Health Rules and Bars Local Wage Payment Laws

On September 22, 2023, the North Carolina General Assembly approved a budget for the period from July 1, 2023, through June 20, 2025. After its passage, Governor Roy Cooper announced that he would allow the budget to become law…more

Governor Cooper, Local Ordinance, Municipalities, Non-Discrimination Rules, State and Local Government

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FDIC Closing in on Implementing the Fair Hiring in Banking Act With Proposed Regulations for Section 19

The Federal Deposit Insurance Corporation (FDIC) is close to finalizing revisions to regulations regarding Section 19 of the Federal Deposit Insurance Act to align them with the Fair Hiring in Banking Act (FHBA), which eased the…more

Banking Sector, Banks, Criminal Records, FDIC, Financial Institutions

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Visa Bulletin for October 2021 Shows Only Minor Advances for Employment-Based Visa Applications

On September 13, 2021, the U.S. Department of State issued the Visa Bulletin for October 2021, which showed minor advancement on priority for backlogged filings of employment-based (EB) immigrant visa (green card) beneficiaries…more

EB-1, EB-2, EB-3, Foreign Nationals, Green Cards

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Illinois Rings in the New Year With New Employment Laws

As we prepare to welcome 2019, Illinois employers must also prepare for new employment laws that afford greater rights and protections to employees. Below is a summary of new laws affecting the employment landscape in Illinois…more

Amended Legislation, Biometric Information Privacy Act, Employment Discrimination, Equal Employment Opportunity Commission (EEOC), Equal Pay Act

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New York’s Highest Court Upholds 13-Hour Rule for Payment of Live-in Home Health Aides

In two recent companion cases, Andryeyeva v. New York Health Care, Inc. and Moreno v. Future Care Health Services, Inc., the New York Court of Appeals upheld the New York State Department of Labor’s (NYSDOL) 13-hour rule for the…more

Appeals, Employment Litigation, Home Health Agencies, Home Health Care, Home Healthcare Workers

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In Landmark Decision, Supreme Court Rules That Title VII Prohibits Employment Discrimination of Gay and Transgender Individuals

On June 15, 2020, the Supreme Court of the United States held that Title VII of the Civil Rights Act of 1964’s prohibition of sex discrimination encompasses discrimination against gay and transgender individuals. Justice Neil…more

Altitude Express Inc v Zarda, Bostock v Clayton County Georgia, Civil Rights Act, Corporate Counsel, EEOC v RG & GR Harris Funeral Homes

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California Law Directs Cal/OSHA to Draft Standards for Opioid Overdose Reversal Drugs in First Aid Kits

On September 27, 2024, Governor Gavin Newsom signed into law legislation that requires the California Division of Occupational Safety and Health (Cal/OSHA) to submit a draft rulemaking proposal to revise the California Code of…more

Cal-OSHA, Emergency Response, Good Samaritans, Governor Newsom, Health and Safety

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U.S. and Turkey Suspend Nonimmigrant Visa Services

On October 8, 2017, the U.S. Embassy in Ankara, Turkey, announced that it has suspended all nonimmigrant visa services at all U.S. diplomatic facilities in Turkey. “Recent events have forced the United States Government to…more

Foreign Nationals, H-1B, L-1, Non-Immigrant Visas, Turkey

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The Not-So-Secret Recipe: How Restaurants Can Protect Their Trade Secrets

Restaurant fortunes are often attributable to just one or two signature dishes, and recipe ownership dilemmas can arise in restaurants of all sizes. Recent examples include a joint venture gone awry, resulting in a war over the…more

Employment Contract, Intellectual Property Protection, Restaurant Industry, Restrictive Covenants, Trade Secrets

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Louisiana Institutes New Restrictions on Noncompete Agreements for Primary Care Physicians

The Louisiana Legislature recently unanimously passed Act No. 273, which limits noncompete agreements for physicians in the state. The act requires all applicable new noncompete agreements to sunset after three years for primary…more

Contract Terms, Employment Contract, Hospitals, New Legislation, Non-Compete Agreements

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Federal District Court Blocks FTC Noncompete Rule from Taking Effect

On August 20, 2024, the U.S. District Court for the Northern District of Texas held unlawful and set aside the Federal Trade Commission’s (FTC) final rule prohibiting non-competition agreements with workers. The court entered a…more

Arbitrary and Capricious, Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Judgment

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July 2024 Visa Bulletin Shows Retrogression in Worldwide EB-3 Final Action Date

The U.S. Department of State’s July 2024 Visa Bulletin confirms prior predictions of backlogs in the employment-based immigrant visa process for EB-3 Professionals and Skilled Workers. According to the State Department, high…more

EB-3, Immigration Procedures, Popular, US Department of State, Visa Bulletins

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Philadelphia’s Pay Equity Ordinance: When May Employers Request and Consider Salary Information in Light of the Latest Challenge?

On April 30, 2018, Judge Goldberg of the U.S. District Court for the Eastern District of Pennsylvania issued an order granting in part and denying in part a motion brought by the Chamber of Commerce for Greater Philadelphia for…more

Chamber of Commerce, Hiring & Firing, Local Ordinance, Pay Equity Laws, Preliminary Injunctions

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Making the Case for Employee Engagement: A Hard Numbers Approach

Are your employees engaged or are they transactional? Do you believe that employee engagement has a substantial impact on your bottom line? If so, what are you doing to increase employee engagement? In a 2008 study, over…more

Best Management Practices, Law Practice Management, ROI, Young Lawyers

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Massachusetts Court Ruling Highlights Importance of Employer Responses to Personnel File Requests in Motions to Compel Arbitration

Judge Shannon Frison, sitting in the Middlesex County Superior Court in Massachusetts, recently issued a ruling that highlights for employers the importance of providing complete and timely responses to requests for employee…more

Arbitration, Arbitration Agreements, Document Requests, Employer Liability Issues, Employment Litigation

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Sixth Circuit Rules Interest Rate Methodology Selected by Plan Actuary in Withdrawal Liability Calculation Violates ERISA

In a rare victory for employers that participate in multiemployer pension plans, the Sixth Circuit Court of Appeals held that the interest rate memorialized in the Segal Blend actuarial assumption was inappropriate to use in a…more

Actuarial Values, Appeals, Defense Strategies, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Labor Courts Are Now a Reality in Mexico

​​​​​​​On October 3, 2022, the last phase of the implementation of Mexico’s Federal Labor Law of 2019 (the “Labor Reform”) amendment became effective, and, consequently, a new labor process before the courts is now a reality in…more

Conciliation, Corporate Counsel, Federal Labor Laws, Labor Courts, Labor Reform

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Is Pay Transparency and Reporting Coming to Massachusetts?

Massachusetts employers should keep an eye on a flurry of proposed legislation recently filed in both the state House of Representatives and Senate. One bill would impose new pay transparency obligations on Massachusetts…more

Pay Data, Pay Transparency, Proposed Legislation, Reporting Requirements, State Labor Laws

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Potential Impact of the FTC’s Noncompete Ban on Employee Benefits and Executive Compensation

The Federal Trade Commission’s (FTC) ban on noncompetition covenants (“noncompetes”) could significantly impact the design and administration of employee benefits and executive compensation arrangements…more

Employee Benefits, Employment Contract, Executive Compensation, Federal Trade Commission (FTC), Final Rules

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USCIS Redesigns Green Cards and Employment Authorization Documents to Combat Counterfeiting and Tampering

On January 30, 2023, U.S. Citizenship and Immigration Services (USCIS) announced a redesign of permanent resident cards (green cards) and employment authorization documents (EADs). The new cards feature state-of-the-art fraud…more

Anti-Fraud Provisions, Counterfeiting, Employment Authorization Documents (EAD), Green Cards, Permanent Residence Cards

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Mexico Amends Human Trafficking Law to Include Excess Work Shifts as a Crime of Labor Exploitation

Mexico’s General Law to Prevent, Punish, and Eradicate Crimes Related to Human Trafficking and for the Protection and Assistance to the Victims of These Crimes (“Human Trafficking Law”) has as its purpose to protect the life,…more

Amended Legislation, Employer Liability Issues, Exploitation, Human Trafficking, Mexico

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Ding Dong, the Federal 80/20 and 30-Minute Tip Rule Is Dead

On August 23, 2024, the Fifth Circuit Court of Appeals released its long-awaited opinion in Restaurant Law Center v. United States Department of Labor and invalidated the 2021 final tip rule issued by the U.S. Department of…more

Administrative Procedure Act, Arbitrary and Capricious, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Final Rules

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German Employment Law: A Look at Important Changes for 2022

As usual, there are some important changes in German employment law that went into effect at the beginning of the new year. Below are eight of the most important new developments about which employers may want to be aware…more

Amended Legislation, Federal Labor Laws, Germany, Pensions, Wage and Hour

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Oakland’s Emergency Paid Sick Leave Ordinance Poster Now Available

On June 19, 2020, the City of Oakland, California, published a notice poster for employers to provide to their employees regarding Oakland’s Emergency Paid Sick Leave Ordinance. As we previously discussed in our summary of the…more

Coronavirus/COVID-19, Local Ordinance, Municipalities, Paid Leave, Posting Requirements

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Sobering Results: Recent Study Suggests Drug Use Is Up Among American Workers

A recent study conducted by the drug testing company Quest Diagnostics indicates that the rate of positive drug test results among the U.S. workforce is at a 12-year high, driven by increased cocaine, amphetamines, and marijuana…more

Corporate Counsel, Decriminalization of Marijuana, Drug & Alcohol Abuse, Drug Testing, Employment Policies

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Wisconsin Legislature Expressly Authorizes Electronic Tip Declarations

Like the federal Fair Labor Standards Act, Wisconsin law allows hospitality employers to pay certain tipped employees less than the minimum wage with the understanding that the tips they receive will cover the difference. More…more

Food Service Workers, Labor Regulations, Regulatory Standards, Reporting Requirements, Restaurant Industry

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Amendment to Virginia Overtime Wage Act Restores Certain Employee Overtime Exemptions

Over the past 16 months, a quiet labor and employment law revolution has been underway in Virginia. In the first quarter of 2021, the Virginia General Assembly doubled down legislative initiatives, imposing several additional…more

Amended Legislation, Exempt-Employees, Fair Labor Standards Act (FLSA), Over-Time, State Labor Laws

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2024 Title IX Regulation Update, Part IV: Miscellaneous Provisions

This is part four of a series examining the most topical changes applicable to higher education contained in the new Title IX regulations released by the U.S. Department of Education on April 19, 2024. Changes applicable only to…more

Anti-Retaliation Provisions, Civil Rights Act, Colleges, Educational Institutions, Family Status Discrimination

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H-2B Cap for Fiscal Year 2023 Is Met: A Supplemental Cap Increase Summary

On March 2, 2023, the U.S. Department of Homeland Security (DHS) notified the public that the 33,000 H-2B cap positions within the second half of the fiscal year had been reached. DHS indicated that the number of positions for…more

Department of Homeland Security (DHS), H-1B, H-2B, Visa Caps, Visas

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Indiana Legislature Bans “Ban the Box” Ordinances

Some cities and counties across the country have enacted local ordinances restricting the ability of employers to inquire into the criminal histories of applicants during various stages of the job application process. (These…more

Ban the Box, Criminal Background Checks, Employer Liability Issues, Governor Holcomb, Hiring & Firing

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New Jersey Expands State Family Leave Act and Family Leave Insurance Act to Provide Coverage for COVID-19 Leave

In response to the ongoing coronavirus pandemic, on April 14, 2020, New Jersey Governor Phil Murphy signed into law Senate Bill 2374 (S2374), which amends the New Jersey Family Leave Act (NJFLA) and the New Jersey Family Leave…more

Coronavirus/COVID-19, Governor Murphy, New Legislation, Unpaid Leave

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Tennessee Federal Court Issues Preliminary Injunction Blocking NCAA’s NIL Restrictions

On February 23, 2024, the U.S. District Court for the Eastern District of Tennessee issued a preliminary injunction in State of Tennessee and Commonwealth of Virginia v. National Collegiate Athletic Association, enjoining…more

Antitrust Provisions, College Athletes, Colleges, Educational Institutions, Name and Likeness

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Illinois Governor Signs Pay Transparency Legislation Into Law

Illinois has joined the wave of jurisdictions passing pay transparency requirements. On August 11, 2023, Illinois Governor J.B. Pritzker signed a bill into law that will require employers to include pay ranges in job postings…more

Compliance, Corporate Counsel, Equal Pay Act, Governor Pritzker, New Legislation

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Los Angeles City Council Proposes Minimum Wage Increase for Hotel and LAX Workers

On April 7, 2023, the Los Angeles City Council proposed an ordinance to increase the minimum wage for both hotel workers and Los Angeles International Airport (LAX) workers. If passed, the ordinance would raise the minimum wage…more

Airports, Hospitality Industry, Hotels, Local Ordinance, Minimum Wage

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Turning Up the Heat on OSHA’s Winter Weather Guidelines

In the last several years, most regions of the United States have experienced periods of severe winter weather with frigid temperatures and bone-chilling winds. Winter weather carries a variety of hazards, from cold-stress…more

General Duty Clause, Health and Safety, OSH Act, OSHA, Severe Weather

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USCIS Will Launch Organizational Accounts in February 2024

U.S. Citizenship and Immigration Services (USCIS) recently announced plans to introduce organizational accounts for H-1B fiscal year (FY) 2025 cap filings, H-1B non-cap filings, and associated premium processing requests on Form…more

Electronic Filing, H-1B, Immigration Procedures, Non-Immigrant Visas, USCIS

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Mission Accomplished...White House Declares an End to the Pandemic and the CMS Vaccine Mandate

On May 1, 2023, the Biden administration announced that it would be ending all of its various COVID-19 vaccination requirements on May 11, 2023, the same date as the COVID-19 national emergency and public health emergency will…more

Biden Administration, Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS)

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New Jersey High Court Updates State’s Arbitration Case Law to Reflect Modern Business Practice

For the second time in a little over one month, the Supreme Court of New Jersey has issued an employer-friendly ruling upholding the enforceability of arbitration agreements in the employment context. On July 19, 2020, we wrote…more

Arbitration Agreements, Electronic Communications, Employment Contract, Mandatory Arbitration Clauses, NJ Supreme Court

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Unemployment Assistance and the CARES Act: Minimizing Liability for Withdrawing Job Offers

Employers across the country are making difficult decisions due to the COVID-19 crisis. The economic downturn has affected current employees in a number of ways, including reduced pay, reduced work hours, furloughs, and even…more

CARES Act, Coronavirus/COVID-19, Department of Labor (DOL), Hiring & Firing, Job Applicants

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Michigan Supreme Court Reinstates Voter-Initiated Versions of State’s Paid Sick Leave and Minimum Wage Laws

On July 31, 2024, the Michigan Supreme Court reinstated Michigan’s original (2018) voter-initiated versions of the Improved Workforce Opportunity Wage Act (IWOWA) and the Earned Sick Time Act (ESTA)…more

Compliance Dates, Covered Employer, Earned Sick Time, MI Supreme Court, Minimum Wage

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School’s Out For Summer, But Not For Administrators: California’s “Yes Means Yes” Legislation Becomes Effective on July 1, 2015

On July 1, 2015, California colleges, universities, and postsecondary schools are required to bolster their compliance with new state laws regarding policies concerning sexual assault, domestic violence, dating violence, and…more

Colleges, Dating Violence, Disciplinary Proceedings, Domestic Violence, Sexual Assault

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New York Legalizes Recreational Marijuana: Altered States for Employers

On March 31, 2021, New York Governor Andrew Cuomo signed into law the Marihuana Regulation and Taxation Act (MRTA), which legalizes the adult recreational use of marijuana and revises Section 201-d of the New York Labor Law. The…more

Amended Legislation, Anti-Discrimination Policies, Decriminalization of Marijuana, Governor Cuomo, Marijuana

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Common Reasons for Flagged Pay Differences

Some employers have a practice of periodically conducting statistical analyses of employee compensation, under attorney-client privilege, to identify potential areas of risk related to pay equity concerns. These analyses are…more

Attorney-Client Privilege, Disparate Treatment, Equal Pay, Gender-Based Pay Discrimination, Mergers

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Illinois Steps Up AI Regulation in Employment: Key Takeaways for Employers

In an era when artificial intelligence (AI) is rapidly transforming the workplace, Illinois has joined the growing list of states taking legislative action to further regulate the use of AI in employment settings, which follows…more

Amended Legislation, Anti-Discrimination Policies, Artificial Intelligence, Compliance, Governor Pritzker

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Is It Compensable? Federally Recognized Holidays

February 20, 2023, was Presidents’ Day, one of several federal holidays occurring throughout the year in the United States. Private-sector employers are not required by federal law to give employees any federal holidays off…more

Employer Liability Issues, Employment Policies, Fair Labor Standards Act (FLSA), Holiday Pay, Private Sector

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Bill Proposes to End Federal Government’s 80-Year-Old War on Marijuana

What is currently considered to be a Schedule I substance with “a high potential for abuse and the potential to create severe psychological and/or physical dependence” and “no currently accepted medical use” may soon be…more

Controlled Substances Act, Decriminalization of Marijuana, Fifth Amendment, Marijuana, Proposed Legislation

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New Jersey Expands State Family Leave Act and Family Leave Insurance Act to Provide Coverage for COVID-19 Leave

In response to the ongoing coronavirus pandemic, on April 14, 2020, New Jersey Governor Phil Murphy signed into law Senate Bill 2374 (S2374), which amends the New Jersey Family Leave Act (NJFLA) and the New Jersey Family Leave…more

Coronavirus/COVID-19, Governor Murphy, New Legislation, Unpaid Leave

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Second Circuit Upholds Sexual Orientation Discrimination Claim Under Title VII, Primes Debate for Supreme Court

On February 26, 2018, the Second Circuit Court of Appeals rendered an en banc decision in Zarda v. Altitude Express that significantly expands employees’ rights under Title VII of the Civil Rights Act of 1964. Ten judges joined…more

Appeals, Discrimination, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Sex Discrimination

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California High Court Confirms Wages Due on Weekends, Holidays May Be Paid Next Day

On March 29, 2023, the California Supreme Court put the final nail in the coffin of an employee’s claim that California Labor Code Section 204 requires employees to be paid on weekends. The California high court declined to…more

CA Supreme Court, Cal Code of Civil Procedure, DLSE, Employer Liability Issues, Private Attorneys General Act (PAGA)

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Arbitration Agreements for Independent Contractors in the Transportation Industry Under Fire

The oral arguments on October 3, 2018, before the Supreme Court of the United States in New Prime, Inc. v. Oliveira have created waves of uncertainty in the transportation industry about the enforceability of arbitration…more

Arbitration Agreements, Commercial Truck Drivers, Employment Contract, Federal Arbitration Act, Independent Contractors

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New Final Treasury Regulations Clarify Rules For Mid-Year Amendments To Safe Harbor 401(k) Plans

On November 14, 2013, the Internal Revenue Service (IRS) issued final regulations, which provide guidance on permitted mid-year reductions or suspensions of safe harbor nonelective contributions. The final regulations also…more

401k, Employer Contributions, IRS, Safe Harbors, U.S. Treasury

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Utah Becomes Latest State to Ban Nondisclosure Clauses Regarding #MeToo Claims

Earlier this year, Utah joined the growing number of states to enact legislation to ban employers from requiring confidentiality clauses or agreements that block employees from speaking openly about sexual misconduct allegations…more

#MeToo, Anti-Retaliation Provisions, Confidentiality Policies, Employer Liability Issues, Exclusions

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’Tis the Season to Be Mindful of Religious Accommodation Obligations

So it begins—the annual holiday marathon. But which holidays come to mind? Thanksgiving, Christmas, Hanukkah, Kwanza, Festivus? A version of this article first appeared on Law360…more

Discrimination, Employer Liability Issues, Employment Policies, Equal Employment Opportunity Commission (EEOC), Holidays

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SCOTUS Rules Equitable Tolling Does Not Save Successive Class Action Lawsuits

On June 11, 2018, the Supreme Court of the United States issued a landmark decision in China Agritech, Inc. v. Resh, addressing a split in the federal circuit courts of appeal, arising from differing applications of the…more

American Pipe & Construction Co. v. Utah, Appeals, China Agritech Inc v Resh, Class Action, Class Certification

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Eleventh Circuit Limits OSHA’s Ability to Use OSHA Form 300 Logs to Obtain an Inspection Search Warrant

On October 9, 2018, the United States Court of Appeals for the Eleventh Circuit upheld a district court’s order quashing an Occupational Safety and Health Administration (OSHA) inspection warrant. OSHA unsuccessfully challenged…more

Appeals, Motions to Quash, OSHA, Poultry Products Inspection Act (PPIA)., Recordkeeping Requirements

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Unpacking the Requirements of British Columbia’s Pay Transparency Act

Under British Columbia’s Pay Transparency Act, as of November 1, 2023, all B.C. employers are required to post wage and salary information on all of their public job postings…more

Canada, Job Ads, Pay Transparency, Posting Requirements, Reporting Requirements

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Missouri Supreme Court Rules in Favor of Transgender Student

On February 26, 2019, the Supreme Court of Missouri overturned the dismissal of a lawsuit filed against a school district by a transgender student who alleged the school district violated the Missouri Human Rights Act by…more

Dismissals, Gender Discrimination, Human Rights, MO Supreme Court, Protected Class

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California Court of Appeal Rules in Favor of Public Entity Employer: No Forum Shopping for California Public Entity Employees

In a recent unpublished case, the California Court of Appeal ruled a public civil service commission decision on a worker’s employment claims precluded him from relitigating his claims in a civil action. According to the state…more

Administrative Authority, Appeals, Cal Code of Civil Procedure, Collateral Estoppel, DFEH

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USCIS Provides Filing Flexibility for International Student OPT Work Authorization Applications Affected by Service Delays

On February 26, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that it was offering additional flexibility for international students affected by the delayed issuance of receipt notices for Form I-765,…more

Employment Authorization Documents (EAD), F-1 Visa, Foreign Students, Immigration Procedures, OPT

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Wait . . . Can They Do This? Employers’ Responses to a National General Strike

What began as a rumor has now become a real possibility for significant grassroots action. Activists who oppose President Trump have called for a national general strike on Friday, February 17, 2017…more

Employer Liability Issues, NLRA, Protected Concerted Activity, Section 7, Strike

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Alabama Reopens Additional Businesses and Provides Immunity to Covered Entities for Certain COVID-19 Claims

On May 8, 2020, Governor Kay Ivey issued an amended Safer at Home order, lifting previous restrictions and providing additional guidance to Alabama businesses. The same day, Governor Ivey issued a separate executive order…more

Coronavirus/COVID-19, Covered Entities, Executive Orders, Governor Ivey, Health Care Providers

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The Employment Law Implications of the Marijuana Ballot Initiatives

On November 8, 2016, voters in several states passed medical or recreational marijuana measures each of which will likely impact employers. As this area of law is developing quickly, and since the Trump administration’s position…more

Decriminalization of Marijuana, Marijuana, Medical Marijuana

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New York State’s Clean Slate Act to Take Effect on November 16, 2024: 5 Things for Employers to Know

New York has enacted the Clean Slate Act, effective November 16, 2024, which will provide for the automatic sealing of certain criminal history records. Upon sealing, the records will be unavailable to most employers in a…more

Background Checks, Conditional Job Offers, Criminal Background Checks, Criminal Records, Employer Liability Issues

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Congress and the DOL Wade Into the Tip Pool, Reverse Obama-Era Regulations

Restaurant owners have been anxiously awaiting the Department of Labor’s (DOL) guidance regarding proper participation and operation of tip pools after the passage of the March 23, 2018, Consolidated Appropriations Act, which…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Field Assistance Bulletins, Minimum Wage, Restaurant Industry

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Political Speech in the Workplace: Strategic Considerations for Employers

Political speech in the workplace has become a growing concern for employers in recent years. The polarized political climate, combined with the increasing use of social media and digital communication, has amplified the…more

Employer Liability Issues, Employment Policies, Free Speech, NLRA, Off-Duty Employees

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Construction One-Minute Read: California Officials Put Additional Pressure on General Contractors to Prevent Wage Theft

General contractors’ top priorities on a construction project are completing the work on time, completing the work within budget, and guarding against future construction defect claims. New and pending laws in California,…more

Construction Contracts, Construction Industry, General Contractors, Labor Code, Labor Commissioners

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Maryland Moves to Revise Paid Family and Medical Leave Insurance Program Implementation Dates, Raise State Minimum Wage

Maryland’s 2023 legislative session has concluded with new legislation impacting Maryland employers. Governor Wes Moore (D) has already signed into law the Fair Wage Act of 2023, accelerating the minimum wage rate in Maryland to…more

Medical Leave, Minimum Wage, New Legislation, Paid Family Leave Law, Paid Leave

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What’s the Need-to-Know on Employee Affinity Groups?

Employee Affinity Groups—also known as Business Resource Groups—are groups of employees with common interests, concerns, or characteristics. Join Michelle Wimes, Ogletree Deakins’ Chief Diversity and Professional Development…more

Best Practices, Business Development, Diversity, Leadership, Opt-In

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OSHA Launches National Emphasis Program to Expand on Heat Illness Prevention Campaign

With summer fast approaching, OSHA has ramped up investigations into heat-related injuries in the workplace. In furtherance of President Biden’s heat illness initiative, on October 27, 2021, the Occupational Safety and Health…more

Advanced Notice of Proposed Rulemaking (ANPRM), Biden Administration, Employer Liability Issues, Heat Exposure, OSHA

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California’s Salary History Ban: Answers to Frequently Asked Questions

As discussed in our previous article, “California Governor Signs Law Banning Salary History Inquiries,” as of January 1, 2018, California employers are required to comply with California Labor Code Section 432.3, which prohibits…more

Corporate Counsel, Employer Liability Issues, Employment Discrimination, Hiring & Firing, Job Applicants

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The Affordable Care Act: What’s Ahead?

More than five years after its enactment, the Affordable Care Act (ACA) continues to be one of the top concerns for employers, and rightly so: the ACA is one of the most comprehensive laws impacting employee benefits since the…more

Affordable Care Act, Cadillac Tax, Employer Group Health Plans, Healthcare, Healthcare Reform

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I-9 Compliance Flexibility to End on July 31, 2023; Employers Have Until August 30, 2023, to Physically Inspect I-9 Documents

U.S. Immigration and Customs Enforcement (ICE) has announced that the temporary COVID-19 accommodations for Form I-9, Employment Eligibility Verification, will expire on July 31, 2023. Employers that have been relying on the…more

Comment Period, Department of Homeland Security (DHS), Employment Authorization Documents (EAD), Employment Eligibility Verification, Form I-9

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Illinois’s Lodging Services Human Trafficking Law Leaves Unanswered Questions for Restaurants and Truck Stops

On January 1, 2022, amendments to Illinois’s Lodging Services Human Trafficking Recognition Training Act (820 ILCS 95/) took effect, ostensibly adding restaurants and truck stops to the act’s purview. Under the amended act, “a…more

Amended Legislation, Commercial Truck Drivers, Employee Training, Human Trafficking, Restaurant Industry

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Fifth Circuit Finds EEOC Did Not Have Authority to Issue 2012 Criminal History Guidance

On August 6, 2019, in State of Texas v. Equal Employment Opportunity Commission, the U.S. Court of Appeals for the Fifth Circuit ruled that the Equal Employment Opportunity Commission (EEOC) overstepped its limited rulemaking…more

Administrative Procedure Act, Adverse Impact, Appeals, Business Necessity, Civil Rights Act

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California’s New Background Check Regulations: 10 Frequently Asked Questions

California has implemented new regulations, effective October 1, 2023, that significantly change the employer criminal background check process for California applicants and employees. The following answers to ten frequently…more

Background Checks, Corporate Counsel, Criminal Background Checks, Employer Liability Issues, Fair Chance Act

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New Mexico Enacts Paid Sick Leave Law

On April 7, 2021, New Mexico Governor Michelle Lujan Grisham signed House Bill 20, enacting the Healthy Workplaces Act (HWA), which will require private employers in New Mexico with at least one employee to provide paid sick…more

Employment Policies, New Legislation, Paid Leave, Paid Sick Leave Act, Paid Time Off (PTO)

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Employers Face New Area of Potential Liability in Genetic Information Privacy Claims

Employers are facing new potential legal risks under the federal Genetic Information Nondiscrimination Act of 2008 (GINA) and the Illinois Genetic Information Privacy Act (GIPA) over inquiries in routine employment physicals in…more

Covered Entities, DNA, Employer Liability Issues, Genetic Discrimination, Genetic Testing

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Domestic Violence and its Potential Consequences in the Workplace: How to Protect Your Workers

Daily reports of incidents of domestic violence are an unfortunate reality across our nation. Recent events in San Bernardino, California, and Cookeville, Tennessee, remind us that domestic violence issues sometimes spill over…more

Best Management Practices, Domestic Violence, Workplace Safety

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USCIS Implements Final Rule on Public Charge Ground of Admissibility

U.S. Citizenship and Immigration Services’ (USCIS) final rule on public charge inadmissibility has been in effect since December 23, 2022. Accordingly, USCIS released a revised Form I-485, Application to Register Permanent…more

Final Rules, I-485 Applications, Public Benefits, USCIS

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The Employment Law Authority - November/December 2013

In This Issue: - Harassment. Are your executive training programs effective? - State Round-Up. Learn about the latest employment law news in your state - Unions. Harold Coxson and Baker Wyche discuss the new…more

Americans with Disabilities Act (ADA), Compliance, Employer Liability Issues, Family and Medical Leave Act (FMLA), Form I-9

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New York Enacts Law Prohibiting Discipline for Legally Protected Absences

On November 21, 2022, Governor Kathy Hochul signed into law Senate Bill S1958A, which amends section 215 of the New York Labor Law (NYLL) to enhance protections for employees who take legally protected absences. Specifically,…more

Amended Legislation, Discipline, Employer Liability Issues, Leave of Absence, Protected Activity

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OSH Law Primer, Part III: The Duty to Comply With Standards

This series of articles is intended to provide the reader with a very high-level overview of the Occupational Safety and Health Act (OSH Act) and the Occupational Safety and Health Administration (OSHA) and how both influence…more

Affirmative Defenses, Compliance, Employer Liability Issues, Health and Safety, Multi-Employer Worksites

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Ninth Circuit Issues Pro-Employer and Pro-Union Ruling Against Worker With a Long History of Harassing Comments

In a recent decision, the Ninth Circuit Court of Appeals affirmed a district court’s grant of summary judgment in favor of the defendants in a case involving the discharge of a union employee following his alleged whistleblowing…more

Arbitration, Breach of Contract, Corporate Counsel, Hiring & Firing, LMRA

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“But You’re Not a Person of Color—You’re Asian”

Growing up in an affluent, mostly white suburb of Detroit, I never really embraced my diversity. I knew that I was different from my schoolmates and friends, but I didn’t think much about it. Sure, I took Chinese lessons every…more

Discrimination, Diversity, Law Practice Management, Women in the Law, Young Lawyers

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5 Key Employee Handbook Updates to Consider in 2021

With the onslaught of the pandemic in 2020, many employers were busy dealing with staffing issues, safety concerns, and COVID-19–related legislation. There may have been little to no time to address handbook policies…more

Coronavirus/COVID-19, Employee Handbooks, Employment Policies, Health and Safety, NLRB

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5 Key Multistate Considerations When Handling Reductions in Force

Despite some recent positive signs for the U.S. economy, many companies still face the prospect of reductions in force (RIFs), which can be challenging and involve complex processes that require careful planning and compliance…more

Federal Labor Laws, Hiring & Firing, Layoff Notices, Layoffs, Reduction of Force

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Connecticut Kicks Off Its 2023 Legislative Session With Slew of Employment-Related Bills

Connecticut employers have seen a significant increase in legislation affecting their businesses over the last few years. Just to highlight a few (of the many pieces of legislation) that Connecticut has enacted..…more

Employee Rights, Job Ads, New Legislation, Non-Compete Agreements, Part-Time Employees

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Fido, Sit... Stay... and Rollover for Your Court-Ordered ADA Inspection

In the employment context, employers are required to consider whether an employee’s Americans with Disabilities Act (ADA) request to bring a service animal or an emotional support animal (ESA) to work qualifies as a reasonable…more

Americans with Disabilities Act (ADA), Disability, Emotional Support Animals, Inspections, Interactive Process

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New York to Require Paid Prenatal Care Leave Among Other Updates in Budget Legislation

New York will be the first state to require employers to provide paid leave to pregnant employees for prenatal care under one of a series of proposals included in legislation recently signed by Governor Kathy Hochul to implement…more

Lactation Accommodation, New Legislation, Paid Leave, Paid Sick Leave, Pregnancy

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Last But Not Least, Alabama Passes Data Breach Notification Act

With Governor Kay Ivey’s signature on the Alabama Data Breach Notification Act on March 28, 2018, Alabama followed the lead of 49 other states in requiring protection of sensitive consumer information and notice of data…more

Cybersecurity, Data Breach, Governor Ivey, New Regulations, Personally Identifiable Information

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Gig Economy Temporary Staffing With Smartphone Apps: 7 Legal and Practical Considerations for Employers

New technologies that enable temporary staffing candidates to find positions via applications that use algorithms to match people to positions, are here. With names like tilr and Shiftgig, these apps use an alternative,…more

Anti-Harassment Policies, Defend Trade Secrets Act (DTSA), Department of Labor (DOL), Fair Credit Reporting Act (FCRA), Gig Economy

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‘POWR’ Play: Colorado Law Tips the Scale in Favor of Employees Regarding Employment Claims, Nondisclosure Agreements

On June 7, 2023, Governor Jared Polis signed Senate Bill (SB) 23-172 into law, radically transforming Colorado’s employment discrimination legal landscape by expanding the Colorado Anti-Discrimination Act (CADA)…more

Age Discrimination, Anti-Discrimination Policies, Disability Discrimination, Employer Liability Issues, Employment Discrimination

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