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Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.
Goulston & Storrs PC

Political Speech in the Workplace: Legal Considerations for Employers

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As the 2024 U.S. presidential election approaches, many employers are bracing themselves for a wave of political discussions—and tension—in the workplace and elsewhere. Navigating these inevitable interactions and the...more

Epstein Becker & Green

NLRB General Counsel Calls for Crack Down and Harsh Remedies for Non-Competes and “Stay or Pay” Provisions

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National Labor Relations Board (“Board”) General Counsel Jennifer Abruzzo (“Abruzzo”) issued a General Counsel Memo (Memo GC 25-01) last week signaling that employers could face civil prosecution and significant monetary...more

Clark Hill PLC

The U.S. Customs and Border Protection Will No Longer Detain Certain Malaysian Disposable Gloves Previously Subject to Withhold...

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On Oct. 11, the U.S. Customs and Border Protection (“CBP”) modified its 2021 Withhold Release Order (“WRO”) against disposable gloves produced, wholly or in part, with forced labor in Malaysia by Brighthway Holdings Sdn....more

Littler

Important Changes for Businesses in Australia – What Employers Should Know

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A number of employment law reforms and requirements are hitting Australian operations over the next several months. Laws governing wage theft, the right to disconnect, shut-down notices, privacy, sexual harassment, and...more

Miller Canfield

IRS Weighs in on Inadvertent Benefit Overpayments

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Earlier this week, the IRS released Notice 2024-77, which provides much-anticipated guidance related to the handling of so-called “inadvertent benefit overpayments” from qualified retirement plans under the SECURE 2.0 Act. ...more

Parker Poe Adams & Bernstein LLP

Ninth Circuit Upholds Montana Vaccination Status Discrimination Law

As part of the backlash against employer-mandated COVID-19 vaccinations, Montana amended its antidiscrimination law to add vaccination status as a protected category. This means that employers are prohibited from inquiring or...more

Williams Mullen

Despite a Veto, Virginia Minimum Wage Will Increase in 2025

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As you may recall from our earlier alert on the (few) upcoming changes to Virginia’s Employment Laws, several bills, including those designed to reenact scheduled increases to the minimum wage rate (HB 1 and SB 1), failed to...more

Parker Poe Adams & Bernstein LLP

EEOC Litigation Report Demonstrates Agency's Priorities

Following a "cause" finding in an Equal Employment Opportunity Commission charge of discrimination investigation, the agency issues a right to sue letter to the charging party or agrees to sue the employer on that person’s...more

Alston & Bird

Illinois Expands Requirements for Employers Using E-Verify

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Illinois is adding new requirements for employers using E-Verify to determine employees’ eligibility under the state’s Right to Privacy in the Workplace Act. Our Labor & Employment and Immigration teams discuss what Illinois...more

Parker Poe Adams & Bernstein LLP

Upcoming FLSA Salary Increase Presents Options for Employers

Unless blocked by federal courts, on January 1 the minimum salary required to claim the white-collar exemptions from the Fair Labor Standards Act’s overtime provisions increases to $1,128 per week, or $58,656 annually....more

Weintraub Tobin

The Briefing: New California Laws for Digital Replicas Both Live and Dead

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California recently passed two new AI laws that aim to protect individuals from the unauthorized creation of digital replicas. Scott Hervey and James Kachmar discuss these laws and their implications for the media industry on...more

Fenwick & West LLP

Notable Trends in DEI Disclosure

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Following on the first report in its 2024 ESG Series, Teneo Insights recently published its second report analyzing diversity, equity, and inclusion (DEI) disclosures in 250 sustainability reports published by S&P 500...more

ArentFox Schiff

New California Law – SB 399 – Potentially Limits Employers’ Free Speech Rights

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On September 30, California Governor Gavin Newsom signed into law SB 399, the “California Worker Freedom from Employer Intimidation Act.” SB 399, which goes into effect on January 1, 2025, will prohibit employers from holding...more

Sheppard Mullin Richter & Hampton LLP

California Courts Greatly Expand Scope of “Ending Forced Arbitration of Sexual Harassment Act”

Two recent decisions from the California Courts of Appeal could have massive ramifications for employers seeking to enforce arbitration agreements. Specifically, each court each held that the Ending Forced Arbitration of...more

Integreon

Let's Talk Culture

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Good afternoon! Welcome back to Scaling Greatness, a newsletter from Integreon focusing on amplifying business excellence and innovation....more

Schwabe, Williamson & Wyatt PC

Year-End Compliance Considerations for Employee Benefit Plans

Open enrollment is right around the corner (at least for employers that run calendar-year health benefit plans), so many employers will be updating their benefit communication plans. Though not comprehensive, the following is...more

Goodwin

Supreme Court Grants Review in ERISA Class Action Challenging Plan Sponsor’s Recordkeeping Arrangement

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Key takeaway: The Supreme Court granted certiorari to address the pleading standards for prohibited-transaction claims under 29 U.S.C. § 1106(a). On October 4, 2024, the Supreme Court granted certiorari in Cunningham v....more

Faegre Drinker Biddle & Reath LLP

The New Fiduciary Rule (52): The Loper Bright Decision and What it Means for DOL Exemptions (2)

As I explained in my last post, Fiduciary Rule 51, I have been asked whether the Supreme Court’s decision in Loper Bright Enterprises et al. v. Raimondo, Secretary of Commerce et al. could affect the outcome of the litigation...more

Woods Rogers

Getting Sued for Using Photos of Employees

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Are you a Virginia business that uses employee photos to promote your organization or improve employee morale? Virginia Statute 8.01-40 provides a civil action for the unauthorized use of the name, portrait or picture of any...more

Maison Law

Worker's Comp Versus Personal Injury in California

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According to the United States Bureau of Labor Statistics, a reported 419,000 private-sector employees in California sustained workplace injuries and illnesses in 2022. Workplace incidents in the state claimed 508 employees'...more

Locke Lord LLP

Massachusetts Enacts New Pay Transparency Legislation

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On July 31, 2024, Governor Maura Healy signed into law H.4890, creating pay transparency and data reporting requirements for qualified Massachusetts employers. With this move, Massachusetts joins a growing line of states,...more

Constangy, Brooks, Smith & Prophete, LLP

The Eve of Destruction: 5 things to know about saving old E-Verify records before it’s too late

The U.S. Citizenship and Immigration Services recently announced that it will permanently dispose of E-Verify records that were last updated on or before December 31, 2014. Employers using E-Verify should be aware of these...more

Weintraub Tobin

Your Employee’s Right to Take Voting Leave

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Election season is upon us. This means your employees have already voted or will request leave to vote on election day. In California, employees who are eligible to vote in a statewide or national election may request leave...more

Vinson & Elkins LLP

Should I Stay or Should I Go? NLRB General Counsel Takes Aim at “Stay-or-Pay” Provisions

Vinson & Elkins LLP on

In May 2023, Jennifer A. Abruzzo (the “General Counsel”), General Counsel for the National Labor Relations Board (“NLRB”), took the position that certain non-compete provisions violate the National Labor Relations Act...more

Locke Lord LLP

The Fifth Circuit Strikes Down DOL’s Rule for Tipped Employees

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In a highly anticipated decision published on August 23, 2024, the United States Court of Appeals for the Fifth Circuit struck down the Department of Labor’s (DOL) Final Rule that limited the circumstances under which an...more

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