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Labor & Employment Updates

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

Failure To Pay Minimum Wage Can Jeopardize Employment-Based Visa Petitions

by Foley & Lardner LLP on

Rudyard Kipling famously noted, “East is East, and West is West, and never the twain shall meet.” Many employers may feel that this quote aptly describes the relationship between immigration law and wage & hour law —...more

Refusal to Rescind Employee’s Voluntary Resignation Is Not An Adverse Employment Action Under FEHA

An employer’s refusal to accept a former employee’s resignation rescission request is not an adverse employment action under the California Fair Employment and Housing Act (FEHA), according to a California Court of Appeal...more

DOL Charts a New Course for ERISA's Fiduciary Rule

by Dechert LLP on

The U.S. Department of Labor (DOL) published a final rule on April 7, 2017 (Final Extension),1 delaying for 60 days the applicability date of the new rule defining who is a fiduciary under ERISA (Fiduciary Rule)2 and related...more

Second Circuit Panel: No, We Still Can’t Overturn Precedent on Sexual Orientation Discrimination

As we observed in a recent post on the Seventh Circuit’s decision in Hively v. Ivy Tech Community College extending Title VII to sexual orientation claims, the Supreme Court will probably have to resolve the disagreement...more

What To Do When You Hire A Thief

by Foley & Lardner LLP on

Employers victimized by trade secret misappropriation appropriately express righteous outrage, both at the offending ex-employee and sometimes at the new employer. However, on another day the roles can reverse: That same...more

Traditional UK Employment Law Means Gig Economy Could Be Hard Work for Private Equity

by Latham & Watkins LLP on

Companies that operate in the “gig economy”, using a largely self-employed workforce, have enjoyed enormous growth in recent years but in the UK, these companies have come into conflict with long-established UK employment...more

How to Prepare for a Visit from ICE

by Davis Brown Law Firm on

With immigration in the news now more than ever, and a national shift in enforcement strategy by the Trump Administration, it is important to prepare your staff for a visit by Immigration and Customs Enforcement (ICE)...more

The Dialogue: Workplace Complaints and Happy Endings As Rare As Unicorn Frappuccinos?

by Shipman & Goodwin LLP on

The Dialogue — one of more popular recurring posts — returns for the third time. Does that mean the third time’s the charm?...more

Employment Law Navigator – Week in Review: April 2017 #4

by Zelle LLP on

Last week, the EEOC announced that The American Dental Association has agreed to pay $1.95 million to settle retaliation claims. The Association’s former legal counsel and director of human resources alleged that they were...more

A Retailer’s Failure to Pay Time And A Half for Work Performed on Sundays And Holidays May Violate Massachusetts’ Payment of Wages...

by Littler on

Massachusetts law requires most retail employers to pay employees time and a half for work performed on Sundays and certain holidays. In a case of first impression, a Massachusetts Superior Court judge recently held that...more

Labor & Employment E-Note - April 2017

by Burr & Forman on

Attention employers! What’s your LGBTQ IQ? Nashville Partner Stephen Price invites you to reassess your workplace policies in this article for the Association of Corporate Counsel. Please see full E-Note below for...more

News from the Vermont Statehouse - An Analysis from DRM’s Government & Public Affairs Team - April 2017 #2

by Downs Rachlin Martin PLLC on

Senate Money Panel Passes Budget Bill - On a vote of 7-0, the Senate Appropriations Committee passed a $5.8 billion budget on Friday that closes a $72 million projected gap between revenues and expenditures in the 2018...more

Immigration Related Initiatives (so far) by the Trump Presidency that Affect US Employers - Site Visits and Expanded Enforcement...

by Poyner Spruill LLP on

The topic of immigration has become a flashpoint for many since President Trump was elected, just as it formed a major component of his platform as a presidential candidate. The focus of this article is limited to how the new...more

Virginia Supreme Court Refuses to Expand Bowman Doctrine for Wrongful Termination of an At-Will Employee

by FordHarrison on

In Bowman v. State Bank of Keysville, the Virginia Supreme Court first recognized an exception to the employment at-will doctrine based upon an employer’s violation of public policy in the discharge of an employee. In...more

Security Breach Notification Becomes More Complex For Employers

by Littler on

With new and sophisticated schemes perpetrated by hackers and scammers, and sensitive personal information becoming increasingly accessible to numerous insiders, it is only a matter of time before most employers will be...more

For how long can an employee enforce an arbitration award

by Hogan Lovells on

We looked at this question in our article How long can a CCMA arbitration award be enforced against an employer. Since then the Constitutional Court has considered the question of the prescription of arbitration awards not...more

Health Care E-Note - April 2017

by Burr & Forman on

An often overlooked and under publicized provision of the False Claims Act (“FCA”) is the retaliatory discharge prohibition. This is probably because retaliatory discharge claims do not grab headlines by winning multimillion...more

SOSR – A low threshold for a fair dismissal?

by Dentons on

Of the five fair reasons for dismissal, ‘some other substantial reason’ (SOSR) is often viewed as a ‘catch all’ justification for dismissal. It does not give an employer freedom to dismiss for an irrelevant or trivial reason....more

Putative Class Action Involving A Patented Reinsurance Arrangement For Workers’ Compensation Coverage Largely Survives Dismissal

by Carlton Fields on

The case is pending in a federal district court in New York, and involves three allegedly interconnected contracts purportedly “designed to circumvent [state] insurance laws,” including the laws of New York. ...more

High School Sleuths Expose Questionable Credentials of New Principal

by Shipman & Goodwin LLP on

Earlier this month in the city of Pittsburg, Kansas, a group of curious student journalists raised serious questions about the credentials of their newly hired principal, Amy Robertson. According to the Kansas City Star,...more

The First 100 Days: The Trump Administration’s Impact on Labor and Employment Law Thus Far

Twenty-four executive orders, 13 signed Congressional Review Act resolutions, and one failed healthcare bill…political pundits and policy experts are no doubt tallying up these and other actions as we quickly approach April...more

Technology & Workplace Compliance Problems [Video]

In this video, McNees attorney Eric Athey discusses compliance issues that can arise from technology in the workplace. ...more

The Cook County Commission on Human Rights Issues Proposed Regulations Regarding Its Sick Leave Ordinance

by Clark Hill PLC on

On November 16, 2016, Clark Hill wrote about the new paid sick leave laws in Chicago, Cook County and Illinois. One of those new paid sick leave laws is the Cook County Earned Sick Leave Ordinance (the "Ordinance"), which was...more

Whistleblower Retaliation Remains in the SEC’s Crosshairs

Whistleblower tips and awards for securities law violations have increased dramatically over the past year, according to the staff of the SEC Enforcement Division’s Office of the Whistleblower. Also during that time, the...more

NLRB Regional Director Orders Union Election in a Unit of Undergraduate Employees

by Miller Canfield on

On Friday, April 21, 2017, a regional director for the National Labor Relations Board (NLRB) ordered that a union representation election must be held in a unit composed of 110 undergraduate student residential advisors at...more

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