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New California Transgender Regulations: Employer Do's & Don'ts

California continues to forge a trail for gender identity protections in the United States. On July 1, 2017, the Fair Employment and Housing Council enacted new regulations addressing transgender issues that broaden the scope...more

Massachusetts Top Court Permits Disability Discrimination Claim for Medicinal Cannabis

The Massachusetts Supreme Judicial Court (SJC) recently held in Barbuto v. Advantage Sales & Marketing, LLC that employees have a viable claim for disability discrimination under state law if they suffer an adverse employment...more

U.S. Secretary of Labor Withdraws Informal Guidance on Joint Employment and Independent Contractors

The U.S. Department of Labor (DOL) has withdrawn its 2015 and 2016 controversial informal guidance on joint employment and independent contractors. Those two guidance letters, issued during the Obama administration, greatly...more

House Passes Working Families Flexibility Act of 2017

The U.S. House of Representatives has passed the Working Families Flexibility Act of 2017, which would allow private sector employers to offer eligible employees compensatory time off in lieu of compensation for overtime...more

DOL Releases New FMLA Forms

The U.S. Department of Labor (DOL) has issued new forms for employers to use in connection with employee leave under the Family and Medical Leave Act (FMLA). The new forms, which replace the forms that expired in February,...more

6/11/2015  /  DOL , Employer Mandates , FMLA , GINA , Required Forms

DOL Extends FMLA Protection to Same-Sex Spouses

The U.S. Department of Labor (DOL) recently issued a final rule amending its definition of “spouse” under the Family and Medical Leave Act (FMLA) to extend FMLA protection to legally married employees with same-sex spouses,...more

Employers Must Be Cautious in Addressing Ebola Concerns

Neither the U.S. Equal Employment Opportunity Commission nor the Centers for Disease Control has issued any specific guidance for employers to deal with Ebola issues. With multiple Ebola cases diagnosed in the United States...more

Federal Court Finds No Willful Violation for Misclassification of Mortgage Loan Officers

A federal court in Oklahoma delivered another blow to claims by mortgage loan officers that they are entitled to overtime under the Fair Labor Standards Act (FLSA). In Chapman v. BOK Financial Corporation, the court...more

DOL Proposes To Amend FMLA’s Definition of ‘Spouse’

A year after the Supreme Court struck down Section 3 of the Defense of Marriage Act in United States v. Windsor, the U.S. Department of Labor (DOL) has proposed to amend its regulations under the Family and Medical Leave Act...more

California Court Upholds Post-FMLA Fitness for Duty Examination in Face of Safety Concerns

A California appellate court recently held that, where evidence suggests an employee's medical condition may affect his or her ability to safely perform a job, the employee may be required to undergo a fitness for duty...more

NLRB Withdraws ‘Ambush Election’ Rules

Last week, the National Labor Relations Board (NLRB) formally withdrew the regulations it issued in late 2011 that would have dramatically changed the process for representation case petitions and pre-election procedures....more

Ninth Circuit Holds that Class Action Waiver in Arbitration Agreement Is Enforceable

On August 21, 2013, the U.S. Court of Appeals for the Ninth Circuit became the fifth circuit court to hold that class action waivers in arbitration agreements are enforceable in the context of wage and hour class action...more

D.C. Circuit Vacates NLRB Poster Rule

The U.S. Court of Appeals for the District of Columbia Circuit has vacated a controversial rule issued by the National Labor Relations Board (NLRB) that would have required most private sector employers covered by the...more

DOL Proposes Survey on Worker Misclassification

The U.S. Department of Labor (DOL) recently issued a notice seeking comment on its proposal to collect information about “employment experiences and workers’ knowledge of basic employment laws and rules” so that it can...more

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