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Labor & Employment Updates

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

Unemployment Benefits Do Not Factor Into Damages Calculations in Employment Discrimination Lawsuits

A recent New Jersey Appellate Division opinion now makes it explicitly clear that unemployment benefits cannot be deducted from back pay damages in employment discrimination cases under the New Jersey Law Against...more

Buy American Executive Order Means Renewed Obligations for Government Contractors

by Bass, Berry & Sims PLC on

On April 18, President Trump signed the “Presidential Executive Order on Buy American and Hire American” (the Order), which declares the Executive branch’s policy to buy American goods and rigorously enforce and administer...more

Will Employers Cry Mayday This May 1? What You Need To Know About Planned Protest Activities

by Fisher Phillips on

May Day has historically been a day marked by workers’ rights protests, with union organizing activities and other employee advocacy actions taking place across the country on what is now known as “International Workers’...more

Campus Counsel | Monthly Roundup Of Legal Issues In Higher Education: March 2017 Edition Summaries: Higher Education Associations...

by Bowditch & Dewey on

On March 3, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it is temporarily suspending premium processing of H-1B skilled worker visa applications for up to six months, beginning on April 3, 2017....more

Eighth Circuit Decides That Arbitration Agreements Cover ADEA Collective Actions

by Seyfarth Shaw LLP on

Seyfarth Synopsis: After thirty-three former employees who signed release agreements requiring individual arbitration of ADEA claims collectively sued their employer for age discrimination, the employer moved to compel...more

Navigating the IoT Workplace Quagmire

by Morgan Lewis on

The Internet of Things (IoT) promises a societal transformation based on a virtuous circle of constantly improving connectivity, integration, data, intelligence, and automation. One important element of this transformation is...more

Employer Liable for Failing to Provide Life Insurance Conversion Information to Disabled Employee

A recent decision by the United States District Court for the Western District of Pennsylvania serves as a reminder that an employer may incur significant financial liability for failing to timely provide life insurance...more

Court Rejects Bias Claim of Licensed Medical Marijuana Caregiver Fired from Restaurant for Selling Drugs

by Fox Rothschild LLP on

An Outback Steakhouse employee who was fired for distributing drugs to a co-worker despite her status as a licensed medical marijuana caregiver has lost her suit alleging the termination was the result of age...more

Fate Of Enjoined White Collar Overtime Rule Still Undecided: Unlikely To Defend Obama Administration Rule, The Trump...

Under the Fair Labor Standards Act (“FLSA”), minimum wage and overtime requirements do not apply to any employee covered by the “white collar” exemption. To be considered a white collar worker under that exemption, the FLSA...more

If Pain, Yes Gain—Part XXVIII: Cook County Releases Draft Sick Leave Regulations

by Seyfarth Shaw LLP on

Seyfarth Synopsis: As the Cook County Earned Sick Leave Ordinance’s July 1, 2017 effective date nears, the County has released draft regulations seeking to clarify and expand certain aspects of the Ordinance, including the...more

Trump names Miscimarra Chairman of the NLRB (no more of this “Acting” stuff!)

According to Politico‘s “Morning Shift,” President Trump on Friday night promoted Philip Miscimarra from Acting Chairman to plain old Chairman of the National Labor Relations Board. Congratulations, Chairman!...more

Maryland on Track to Join Growing Trend of Paid Sick Leave

by Conn Maciel Carey LLP on

On April 5, 2017, the Maryland General Assembly passed a paid sick leave bill – the Maryland Healthy Working Families Act (the “Act”) – that is now waiting for Republican Governor Larry Hogan’s approval. Governor Hogan has...more

Conversion to At-Will Status Does Not Void Restrictive Covenant, PA Court Holds

by Ballard Spahr LLP on

Non-solicitation covenants contained in two expired employment agreements were still in effect even after the employees in question were converted to "at-will" status and later terminated, the Pennsylvania Superior Court has...more

Employment News - April 2017 #3

by Hogan Lovells on

Taking the long view – potential nine month restriction for broker upheld - In Tradition Financial Services Ltd v Gamberoni the High Court has upheld six month non-compete and non-solicitation covenants, despite...more

Philadelphia Delays Implementation of Ordinance Restricting Employer Inquiries Into Applicants’ Salary History Following Legal...

Philadelphia has indefinitely delayed implementation of its new ordinance that that will make it unlawful for employers to inquire into an applicant’s wage history during the hiring process....more

Court May Make Reasonable Inferences about Employee’s Exempt, Non-Exempt Activities

by Jackson Lewis P.C. on

A trier of fact can make reasonable inferences about employees’ duties to determine status for overtime pay under California labor law, the California Court of Appeal has ruled, affirming the trial court’s holding. Batze v....more

Employees don’t want to hear that

by Ary Rosenbaum on

I always jokingly say that the reason I try to avoid hiring employees is that I once was an employee too. However, part of the problem is that I worked for many employers who didn’t understand their role and the role of their...more

Flagged Down: Second Circuit Finds NYC “Black Car” Drivers Are Independent Contractors

The Second Circuit has affirmed the dismissal of a class action of New York City “black car” drivers who alleged they were misclassified as independent contractors by their dispatchers. In reaching its ruling, the Court found...more

Compliance News Flash

by Arnall Golden Gregory LLP on

This week’s news flash – a quick overview of timely background screening and immigration-related news that is important to your organization. 1. Massachusetts employers and consumer reporting agencies (i.e., background...more

Latest Executive Order Poised to Reform H-1B Visa Program

by Strasburger & Price, LLP on

On April 18, 2017, President Trump signed an Executive Order entitled “Buy American and Hire American” whereby the executive branch confirmed its intent to “rigorously enforce and administer the laws governing entry into the...more

Supreme Court Decides Coventry Health Care of Missouri, Inc. v. Nevils

by Faegre Baker Daniels on

On April 18, 2017, the Supreme Court of the United States decided Coventry Health Care of Missouri, Inc. v. Nevils, No. 16-149, holding that: 1) under the FEHBA (specifically, 5 U.S.C. § 8902(m)(1)), the provisions of a...more

Employer’s Refusal To Allow Rescission of an Employee’s Voluntary Resignation Does Not Constitute Adverse Employment Action Under...

In Featherstone v. Southern California Permanente Medical Group, (No. B275225, filed 4/19/17), the California Court of Appeal for the Second Appellate District held absent evidence an employee’s resignation was coerced, an...more

Creditor Protection of Retirement Plan Assets

Assets in qualified retirement plans and individual accounts (IRAs) total more than $20 trillion and represent 34% of U.S. household assets.1 Clients and their advisers are rightfully concerned about insulating those assets...more

Refusal to Rescind Employee’s Resignation Not an Adverse Employment Action

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Court of Appeal has held that an employer’s refusal to honor an employee’s rescission of a voluntary resignation is not an adverse employment action under the Fair Employment and Housing Act....more

The Financial CHOICE Act 2.0, Legislative Text Revealed

by K&L Gates LLP on

On April 19, 2017, House Financial Services Committee (“HFSC”) Chairman Jeb Hensarling (R-TX) released an updated version of the Financial CHOICE Act (“FCA 2.0”), a discussion draft that would reform the Dodd–Frank Wall...more

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