Labor & Employment Updates

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.
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Germany To Significantly Expand Protections for Temporary Workers

The German government’s plan to strengthen the rights of temporary workers could have far-reaching implications for companies that have any workers based in the country. The Federal Ministry for Labour and Social Affairs (the...more

DOL’s Request for Information on Employees’ Use of Electronic Devices Expected in February 2016

In its July 2015 notice of proposed rulemaking on the forthcoming changes to the “white collar” overtime regulations, the U.S. Department of Labor (DOL) recognized employer concerns regarding the remote use of electronic...more

Georgia Supreme Court Interprets the Apportionment Statute in Conjunction with the Workers' Compensation Act

This month, the Georgia Supreme Court further extended the reach of the Georgia law addressing the apportionment of liability in tort cases in the case of Walker, et al. v. Tensor Machinery, et al. The Court had recently...more

The Rosenbaum Law Firm Review - November 2015

An Employer Guide On How To Set Up A Retirement Plan Committee. The how to and why - Being a retirement plan sponsor can be a bit overwhelming and one of the major reasons that retirement plans are mismanaged...more

Alcohol-Related Firing of USC Football Coach Raises ADA Concerns

On October 12, 2015, the University of Southern California (“USC”) fired Steve Sarkisian, USC’s head football coach. Sarkisian’s firing appears to be in response to two alcohol-related incidents and, therefore, may raise...more

Cintas Corporation to Pay $1.5 Million to Settle EEOC Class Sex Discrimination Lawsuit

Uniform Company Refused Jobs to Class of Women for Years; Federal Agency Wins Victory After Years of Litigation - INDIANAPOLIS - Cintas Corporation, a major uniform manufacturer and supplier, will pay $1,500,000 to...more

Treasury Department and IRS Publish Final Hybrid Plan Regulations and Announce Extension of Required Amendment Date for Certain...

The Treasury Department and the IRS recently issued final regulations (the “2015 Final Regulations”) relating to hybrid retirement plans, including cash balance pension plans. The 2015 Final Regulations provide...more

Handbook Is No Arb. Agreement

In Lorenzo v. Prime Communications, L.P., No. 14-1727 (4th Cir. Nov. 24, 2015), Lorenzo sued her former employer, Prime Communications, L.P. (“Prime”), for minimum wage and overtime violations. Prime tried to compel...more

Why Redundancy is Not a Safe Remedy for Poor Performance

Sometimes managers can appear to think that dismissals for redundancy or poor performance are interchangeable. But the procedures which need to be followed in the UK in either case, to avoid an employee being able to bring a...more

Employment Law - November 2015 #2

California Supreme Court to Consider "Day of Rest" Law: Why it matters - The California Supreme Court has agreed to weigh in on the number of consecutive days an employee may legally work without running afoul of...more

Court Issues Mixed Bag Discovery Decision In EEOC Nationwide Race Discrimination Case

In EEOC v. DolGenCorp, LLC d/b/a Dollar General, No. 13-CV-4307 (N.D. Ill.), a case we blogged about previously here, Judge Andrea Wood of the U.S. District Court for the Northern District of Illinois recently decided several...more

Canadian Employment News Series: BC Supreme Court overturns Human Rights Tribunal record award for injury to dignity

We reported previously on the decision of the Human Rights Tribunal in University of British Columbia v. Kelly. In that decision, the Human Rights Tribunal concluded that the University of British Columbia had discriminated...more

Beware the Landmines: New and Coming Labor and Employment Explosions

During 2014-16, there has been an explosion of labor & employment “laws” through Executive Orders, new regulations and proposed regulations. Some of the requirements apply to all employers, while those issued by Presidential...more

The Autumn Statement – auto-enrolment tweaks and a wait till spring...

Background - Another autumn means another Autumn Statement. This year's statement by the Chancellor was focused on things other than pensions – the U-turn on tax credits, infrastructure spending and house-building, and...more

Three Things Employers Need To Know About Cyber Monday

Last year, an estimated 52% of Americans participated in Cyber Monday and spent over $2.6 billion, easily the busiest online shopping day of the year. The numbers are expected to rise even higher for Cyber Monday 2015. No...more

2015 Ontario Economic Outlook and Fiscal Review Provisions Affecting the Retirement Income System

The Ontario government has confirmed that it continues to move forward to implement the ORPP in 2017, while allowing for potential integration of the ORPP with a Canada Pension Plan (CPP) enhancement in the future. For more...more

Trustee Alert – Proposed GINA Amendment & Wellness Programs

The Genetic Information Nondiscrimination Act (GINA) restricts employers from requesting or requiring employees to disclose genetic information. A narrow exception allows an employee to voluntarily accept health services...more

Federal Judge: Did Employer Use Experience Requirement to "Weed Out" Older Workers? Maybe.

Mark Twain once said, “Age is an issue of mind over matter. If you don’t mind, it doesn’t matter.” I add: “Until your employer cares. Then it matters.”...more

Vapourizer Ban Goes Up in (Medical Marijuana) Smoke?

On November 13, 2015, the Ontario Government released its proposed regulations (the E-Cig Regs) under the Electronic Cigarette Act (the E-Cig Act and, together with the E-Cig Regs, the E-Cig Legislation) governing the...more

DOJ Announces Postponement of the Release of Proposed Web Accessibility Regulations for Public Accommodations Until 2018

Businesses awaiting guidance from the U.S. Department of Justice (DOJ) on accessibility of online content for places of public accommodation under Title III of the Americans with Disabilities Act (ADA) were once again...more

Employment Law Navigator – Week in Review: November 30, 2015

Last week, a LinkedIn job posting caught the eye of The Huffington Post because it included the following language: “The position is for a receptionist, so female candidates are preferred.” This is exactly the type of...more

Prudent is as Prudent Does: Divided Sixth Circuit Affirms Summary Judgment in Favor of State Street in Post-Dudenhoeffer Review...

In 1995, the Third Circuit adopted the presumption that an employee stock ownership plan (“ESOP”) fiduciary’s decision to remain invested in the employer’s securities was prudent. Over the following years, a number of other...more

UK Employers Need to Respond Carefully to ‘Blackmail’ from Departing Employees

Settlement agreements are designed to settle actual or potential claims or the terms on which an individual’s employment comes to an end. Negotiating them can be highly sensitive. In difficult situations, especially...more

Whistleblowers Under Sarbanes-Oxley and Dodd-Frank: John Fullerton on Employment Law This Week [Video]

Employment Law This Week (November 23, 2015) has released bonus footage of its interview with John F. Fullerton III, a Member of the Firm at Epstein Becker Green. As Mr. Fullerton discusses, there is no clarity ahead over...more

Third Circuit Adopts Predominant Benefit Test to Determine Compensability of Meal Breaks

The U.S. Third Circuit Court of Appeals, which has jurisdiction over Pennsylvania, recently evaluated the appropriate test to determine when employees must be paid for meal breaks. As described below, the Third Circuit in the...more

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