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Labor & Employment Updates

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

First Circuit Finds FAA Applicability A Question For Court And Holds FAA Exemption Applicable To Independent-Contractor...

by Carlton Fields on

The case presented two issues to the court: 1) whether a court must determine the applicability of the FAA to the case when asked to compel arbitration, where parties delegated questions of arbitrability to the arbitrator;...more

Supreme Court to Determine Scope of Whistleblower Protection

A percolating issue with respect to the SEC’s whistleblower regulations is whether the anti-retaliation protections apply only when suspected misconduct is reported to the SEC, or whether the protections also apply when the...more

Limits On "Self-Help" Discovery In FCA Cases

As illustrated by a recent decision by a federal court in Massachusetts, it is not uncommon for an employee to take company documents that the employee believes will support a claim under the False Claims Act 31 U.S.C. 3729...more

There’s No Smoke There: Cal/OSHA Declines to Create Marijuana-Specific Safety Regulations

On June 15, 2017, the California Division of Occupational Safety and Health (Cal/OSHA) Standards Board met and decided that workplace hazards in the marijuana industry are adequately addressed by existing Title 8 regulations...more

Conservative Legislative Agenda Set Out in Queen’s Speech

by Proskauer - Tax Talks on

Following the UK general election on 8 June 2017, at which Theresa May’s Conservative party won the largest number of seats but lost its overall majority, the Queen’s Speech setting out the now minority Conservative...more

Numerous Provisions Affecting Employers in Senate's Draft Better Care Reconciliation Act of 2017

by Holland & Knight LLP on

U.S. Senate Republicans on June 22, 2017, released a discussion draft of the Better Care Reconciliation Act of 2017 (BCRA), its bill to repeal and replace the Affordable Care Act (ACA). The BCRA follows on the heels of the...more

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

by Zelle LLP on

Last week, a New York pizzeria restaurant group agreed to pay $50,000 to settle a national origin discrimination lawsuit. The EEOC alleged that the restaurant group discriminated against Hispanic employees by subjecting them...more

Impairment Rating Evaluations Declared Unconstitutional

Over 20 years after Section 306(a.2) of the Pennsylvania Workers’ Compensation Act was enacted, employers will no longer be able to limit partial disability benefits to 500 weeks based on an Impairment Rating Evaluation...more

The St. Petersburg Wage Theft Ordinance: New Notice and Poster Requirements

The City of St. Petersburg, Florida, recently amended its wage theft ordinance to require employers to provide pay notice to employees at the time of hire and to display “in a location accessible to all employees” a poster...more

Hot List – What’s Happening in the California Legislature 6/26-6/30

by Fisher Phillips on

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week...more

Uber’s Troubles: A Compliance Wake-Up Call No Matter How Regulated You Are

I can’t help myself; when I read some of the troubling reports about Uber’s workplace culture, which has contributed to executive ousters and the need to hire one of the highest-profile lawyers in the country, I think, “If...more

Class Action Settlement Reminds Employers that Job Duties – Not Job Titles – Rule FLSA Exemptions

In September of 2015, two delivery drivers filed a class action lawsuit in the United States District Court for the Middle District of Pennsylvania. The employees alleged that their former employer violated the Fair Labor...more

What Does The Supreme Court “Travel Ban” Decision Mean For Employers?

The U.S. Supreme Court issued a preliminary ruling yesterday in the Trump Administration’s challenges to lower court decisions on the “travel ban.” The Administration had sought to: stay preliminary injunctions issued...more

New Law Empowers Philadelphia with Authority to Close Businesses Found to Discriminate

by Clark Hill PLC on

On May 17, 2017, Philadelphia Mayor Jim Kenney signed a bill into law that gives the Philadelphia Commission on Human Relations authority to impose an additional, harsher remedy on businesses that are found to have engaged in...more

Mandatory Arbitration, Class Waivers, and the Future of Wage-Hour Litigation: 6th Circuit Shows One Reason Why High Court...

by Seyfarth Shaw LLP on

Employers have faced questions about the enforceability of arbitration agreements with class and collective action waivers since the NLRB’s highly controversial D.R. Horton decision in 2012, which held that the waivers...more

July 1...Here We Come!

by K&L Gates LLP on

What Rhymes with 1 July? Not 'employment contract audit', but maybe it should. 1 July is the date when a number of employment related thresholds are indexed which may affect employers' compliance with workplace laws in the...more

New York City Follows Trend in Predictable Scheduling Law

by Bryan Cave on

New York City has enacted a law banning “on-call scheduling” for retail employees. The law takes effect on November 26, 2017. With “on-call scheduling,” an employer requires an employee to be available to work, to contact...more

[Webinar] Joint and Multi-Employer, Independent Contractor, and Temp Worker Employment Law and OSHA Issues - July 11th, 1:00pm ET

by Conn Maciel Carey LLP on

Employers’ perceptions about their legal responsibilities for certain workers is not always reality. Although an employer may classify workers as temporary workers or independent contractors, that does not mean the...more

Here Comes the Rain: Employers Offering Mental Health Benefits Should Prepare for More Scrutiny

Employers can expect some challenging information requests about the mental health and substance abuse benefits offered to employees and their dependents through group health plans, if a draft form released by federal...more

Cook County, Illinois, Issues Final Paid Sick Leave Regulations

by Jackson Lewis P.C. on

The Cook County, Illinois, Commission on Human Rights has released final regulations that will govern its interpretation and enforcement of the Cook County “Earned Sick Leave” (ESL) Ordinance. The Ordinance is set to take...more

Another FLSA Class Action Alleging Misclassification Settles: What Else Is New?

by Fox Rothschild LLP on

It is difficult to defend a class action based on exemption, which explains why many of these cases (as herein) settle. This is because the employer-defendant is (usually) going to be completely right, or totally wrong....more

U.S. Supreme Court Partially Lifts Injunction on President Trump’s March Executive Order on Immigration Policy

by Littler on

On June 26, 2017, the Supreme Court of the United States (SCOTUS) partially lifted the injunction and agreed to hear arguments on President Trump’s March 6, 2017 executive order entitled Protecting the Nation from Foreign...more

OSHA Indefinitely Suspends July 1 Electronic Injury and Illness Submission Requirements

by Baker Donelson on

As we previously reported, during the last year of President Obama’s Administration, the Occupational Safety and Health Administration (OSHA) published an amendment to its illness/injury recording keeping rule, which would...more

Judges Refuse Certification of Off-the-clock Wage and Hour Cases

by BakerHostetler on

The Northern District of Illinois has now either decertified or refused to certify two “off the clock” cases involving hourly workers at O’Hare Airport. Neither case involves O’Hare employees per se, but both involve large...more

Asking Enough But Not Too Much: Medical Certifications For Leaves Of Absence Under The FMLA And CFRA

by Jackson Lewis P.C. on

The FMLA and CFRA both permit an employer to require an employee requesting a leave of absence to provide a medical certification, but these laws differ with respect to the information and employer can request about the...more

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