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Labor & Employment Updates

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

Compliance Lessons From Uber: Takeaways for Tech Startups

by Nilan Johnson Lewis PA on

While the media has widely covered the resignation of Uber’s CEO Travis Kalanick, it has largely ignored important lessons that tech startups can draw from Uber’s experience. In fact, the series of events leading up to...more

The Supreme Court - June 23, 2017

by Dorsey & Whitney LLP on

Perry v. Merit Systems Protection Bd., No. 16-399: Petitioner Anthony Perry was a federal employee at the U.S. Census Bureau and in 2011, received notice he would be terminated due to spotty attendance. Perry and the Bureau...more

Coming Soon to Your State? Laws Banning Inquiries into Applicant Salary History Gaining Steam

As reported by HRLegalist earlier this year, Philadelphia’s City Council unanimously approved a pay equity bill making Philadelphia the first city in the nation to adopt comprehensive “wage-gap” legislation. Under the Wage...more

Philadelphia Beefs Up Enforcement Powers Against Employers

by Fox Rothschild LLP on

Mayor Jim Kenny signed legislation on June 22, 2017 that authorizes the Philadelphia Commission on Human Relations to order an employer to cease operations in the City of Philadelphia “for a specified period of time” if the...more

Delaware Becomes Third State to Ban Pay History Inquiries

by Saul Ewing LLP on

On June 14, 2017, Governor John Carney made Delaware the third state to ban inquiries regarding pay history during the employment application process. Delaware joins Massachusetts and Oregon, as well as Puerto Rico, New York...more

The Dialogue: Sex Harassment in the Workplace — Still an Issue, but How Much?

by Shipman & Goodwin LLP on

The Dialogue, a online conversation between yours truly and a prominent employee-side attorney, Nina Pirrotti, returns today with another installment — this time tackling the topic of sexual harassment in the workplace. As...more

West Virginia Supreme Court Decision Clears the Way for Legal Reform

by Steptoe & Johnson PLLC on

On June 16, 2017, the Supreme Court of Appeals of West Virginia delivered its opinion in the matter of Martinez v. Asplundh Tree Expert Co., which involved consideration of whether two key pieces of West Virginia’s...more

New Transgender Identity and Expression Regulations (July 1, 2017)

In May 2017, the California Department of Fair Employment and Housing (DFEH) approved new regulations regarding transgender identity and expression in the workplace. The regulations become effective July 1, 2017....more

Antonella’s Restaurant & Pizzeria to Pay $50,000 to Settle EEOC National Origin Discrimination Suit

Dutchess Co. Pizzerias Subjected Hispanic Employees to a Hostile Work Environment Because of Their National Origin, Federal Agency Charged - NEW YORK - A small group of pizzeria restaurants based in Wappinger Falls and...more

Cook County Minimum Wage Regulations

by Franczek Radelet P.C. on

Last month, the Cook County Commission on Human Rights issued final interpretive and procedural rules governing the Cook County Minimum Wage Ordinance, which becomes effective July 1, 2017....more

Employment Law This Week®: Federal Decision on Website Accessibility, Mandatory Class Action Waivers, Sexual Harassment Case...

by Epstein Becker & Green on

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Canada Launches Global Skills Strategy to Fast-Track Short-Term Entry of High-Skilled Workers

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Canadian government instituted a new, immediately effective Global Skills Strategy to facilitate entry of skilled workers....more

Commission Adopts Administrative Order to Implement Electronic Payment of Compensation

by Collins & Lacy, P.C. on

At the June 19, 2017 Business Meeting of the Full South Carolina Workers’ Compensation Commission, the Commissioners adopted an administrative Order pending changes to the regulations of the Commission to implement the option...more

Delaware and Oregon Join the Movement Banning Employers from Making Salary History Inquiries

by Baker Donelson on

Delaware and Oregon have joined Massachusetts and other local jurisdictions (like New York City, Philadelphia and Pittsburgh (currently in litigation)) by enacting laws that prohibit employers from inquiring about the salary...more

REMINDER – Chicago Minimum Wage Increases Again And Cook County Minimum Wage Begins Starting July 1st 2017

by SmithAmundsen LLC on

On July 1, 2017, Chicago’s Minimum Wage increases to $11.00 per hour for non-tipped employees and $6.10 for tipped employees (Chicago Municipal Code §1-24). Cook County’s new minimum wage is $10.00 per hour for non-tipped and...more

Background Checks by Province: What Employers Need to Know

Background screening job candidates is an important part of an employer’s recruitment process. There are several different background checks that are generally permissible in Canada, but employers must tread carefully. ...more

Supreme Court Decides Perry v. Merit Systems Protection Board, No. 16-399.

by Faegre Baker Daniels on

On June 23, 2017 the U.S. Supreme Court decided Perry v. Merit Systems Protection Board, holding that when the Merit Systems Protection Board dismisses a government employee’s “mixed case” (a case where the employee claims...more

Pitfalls a 401(k) Sponsor Can Avoid With Plan Providers

by Ary Rosenbaum on

While much of the focus concerning the liability of sponsoring a 401(k) plan is about plan expenses thanks to the many lawsuits filed against plan sponsors. However for most plan sponsors, the greatest liability they actually...more

Department of Labor withdraws joint employer guidance

by McAfee & Taft on

A joint employer relationship can arise in circumstances where an individual performs work for two entities that share control over how that individual performs his/her work. Although joint employment relationships are most...more

Seventh Circuit Limits Ability to Moot Claims of Class Representative in the Wake of Campbell-Ewald

On June 20, 2017, the Seventh Circuit ruled that a defendant cannot moot the individual claims of a putative class representative by depositing an unaccepted settlement offer with the court covering all relief purportedly...more

Are We Ever Going to Get OSHA Guidance from the Trump Administration?

by Fisher Phillips on

No one thought that on June 22, we would still not know the Trump administration's enforcement position on the recordkeeping anti-retaliation requirements, including about automatic post-accident drug testing, the Silica...more

RAMP Certification Requirements: Expanded Enforcement Looming

As a result of the new laws enacted last year, anyone who serves or sells alcoholic beverages in Pennsylvania must be RAMP certified.  A Pa.L.C.B. e-mail advisory clarified these new laws.  Under the Pa.L.C.B. advisory,...more

Why Isn’t My “Free” Preventive Health Care Free?

by Snell & Wilmer on

In my opinion, one of the best changes made by the Affordable Care Act is the mandate that requires health plans to provide certain specified preventive services without imposing any cost sharing. This is sometimes referred...more

ERISA Plan Choice-of-Law Provisions: Dog Whisperer’s Disability Claim Reviewed Under Abuse of Discretion Standard of Review

An issue dogging claims administrators is: What effect do choice-of-law provisions have on the standard of review of ERISA benefit decisions?...more

Ninth Circuit Says Age Discrimination Laws Apply to Public Employers of Any Size

by Hinshaw & Culbertson LLP on

In Guido v. Mount Lemmon Fire District, the Ninth Circuit Court of Appeals held that the Age Discrimination in Employment Act (ADEA) applies to public employers of any size....more

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