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Labor & Employment Updates

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

Federal Appeals Court Rejects Trump’s Second Travel Ban - Decision Sets Up Inevitable Date At Supreme Court

by Fisher Phillips on

In a 10-3 decision, the 4th Circuit Court of Appeals yesterday upheld the nationwide injunction that had blocked President Trump’s second executive order banning certain travel into the country from taking effect. The Court...more

Federal Bill Seeks to Create Portable Benefits for Gig Economy Workers

by Littler on

Senator Mark Warner (D-VA), a lawmaker known for closely monitoring the changing nature of work, has introduced in the Senate legislation to promote innovative ways to offer portable benefits to workers in the on-demand...more

Change to Occur Slowly at NLRB

by Seyfarth Shaw LLP on

Seyfarth Synopsis: At yesterday's client symposium, “First 100 & Beyond: Strategy & Planning Summit for Businesses,” Brad Livingston offered insight into the state of the National Labor Relations Board under the Trump...more

Littler Global Guide - Portugal - Q1 2017

by Littler on

State Budget Law 42/2016 of December 28, 2017 - Enacted Legislation - Effective January 1, 2017, State Budget Law for 2017 introduced various modifications to the labor law landscape, which have had an immediate...more

Employment Law Commentary - May 2017 #2

by Morrison & Foerster LLP on

"On The Seventh Day He (She) Rested"... Maybe - It took 124 years, but the California Supreme Court in Mendoza v. Nordstrom, Inc., No. S224611, 2017 WL 1833143 (Cal. May 8, 2017) finally addressed in detail California’s...more

Transgender Basics

by Zelle LLP on

In 2016, 1.4 million adults in the United States identified as transgender. Federal Circuit Courts have consistently ruled that Title VII prohibits discrimination in employment based on an applicant’s or employee’s...more

Rhode Island Company Liable for Refusing to Hire Marijuana User – Is Massachusetts Next?

by Partridge Snow & Hahn LLP on

On May 23rd, the Rhode Island Superior Court ruled that a local company is guilty of discriminating against a prospective employee for refusing to hire the employee because the employee actively used medical marijuana...more

Littler Global Guide - Slovakia - Q1 2017

by Littler on

Social Security - Enacted Legislation - Effective January 1, 2017, Slovakia removed the ceilings for mandatory health insurance contributions, which affects high-earning individuals and employer costs. ...more

HR Generalist’s Threat To Bring In Union Not Protected, NLRB Rules

One of the most interesting things about labor relations is the unusual situations human resources professionals have to deal with on a day to day basis. If you are at a cocktail party with a human resources professional, ask...more

Tax court finds self-employment tax for active LLC member

by Thompson Coburn LLP on

Self-employment (SE) tax is one of the driving forces when a tax advisor recommends what type of entity to use for one’s business. My previous post, “Tax court finds no self-employment tax for passive LLC member,” described...more

Littler Global Guide - Norway - Q1 2017

by Littler on

New Statutes on Restrictive Covenants Become Effective January 1, 2017, for Contracts Existing Before January 1, 2016 - Enacted Legislation - New statutes on restrictive covenants, Chapter 14A in the Working...more

The profound change in the end was good

by Ary Rosenbaum on

If you go and read through the marketplace news on 401khelpcenter.com, you see something recurring that was unfathomable 10-15 years ago,. You have an insurance company offering an open architecture platform....more

The EC New Alert Mechanism to Detect Cartels: A Teaser Before a European General Framework for Whistleblowing

Whistleblowing has been part of the U.S. legal tradition, if not since the resolution passed by the Continental Congress in 1778, at least since the adoption of the 1863 False Claims Act. With regard to the disclosure of...more

What the First-Ever Bill Promoting Portable Benefits for Independent Contractors Does – And Does Not Do

by Pepper Hamilton LLP on

Independent contractors and other contingent workers are not currently eligible for workers’ compensation, disability benefits, health insurance coverage, and pension benefits under federal and most state laws. This may well...more

Littler Global Guide - Japan - Q1 2017

by Littler on

Amendment of Act Expands the Benefit of Employees with Child or Family Member who Needs Care - Enacted Legislation - The revision of Act on Child Care Leave and Family Care Leave, which becomes effective on January...more

Littler Global Guide - Philippines - Q1 2017

by Littler on

Persons With Disabilities May Now Be Declared as Dependents for Tax Purposes - Enacted Legislation - Republic Act No. 10754, enacted on March 23, 2016 and effective on December 23, 2016, expanded the benefits of...more

No Immigration Surprises in President’s Proposed Budget - Mandatory E-Verify, Boosted Enforcement Among Priority Requests

by Fisher Phillips on

President Trump’s proposed budget released by the White House earlier this week contains no real surprises when it comes to the immigration provisions. The budget supports President Trump’s promises to increase immigration...more

“Last Employer Rule” in Occupational Disease Addressed by Fifth Circuit

On May 17, 2017, the United States Court of Appeals for the Fifth Circuit rendered a decision affirming an Administrative Law Judge’s decision in Bollinger Shipyards, Inc., et al. v. Director, OWCP, et al., No. 16-60370. ...more

New Jersey Appellate Division Declines to Find Section 301 Pre-Emption of Discrimination and Retaliation Claims

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The New Jersey Appellate Division reinstated plaintiff’s state law discrimination and retaliation claims, finding the claims were not pre-empted by Section 301 of the LMRA....more

Littler Global Guide - Romania - Q1 2017

by Littler on

Public Sector Minimum Wage - New Order or Decree - The minimum gross wage in Romania increased from RON 1,250 to RON 1,450 (EUR 322) on February 1, 2017 as stated in January report. ...more

New test for reparation topping-up ACC

by DLA Piper on

On 22 May 2017, a company and its director were ordered by the District Court to pay its employee $226,300 to top-up ACC in respect of future loss of earnings as a result of his being rendered a tetraplegic by a workplace...more

Following U.S. Supreme Court Review, Ninth Circuit Remands EEOC Subpoena Case

by Seyfarth Shaw LLP on

Seyfarth Synopsis: After the U.S. Supreme Court clarified in McLane Co. v. EEOC, No. 15-1248, 2017 U.S. LEXIS 2327 (U.S. 2017), that the scope of review for employers facing EEOC administrative subpoenas was the...more

Wage and Hour Takeaways from Trump Post 100 Day Symposium

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On May 25, 2017, Noah Finkel spoke at our full-day summit about what to expect from the DOL under the new administration. Noah’s forecast: “They say that the policy is the people, and we don’t yet have the...more

Recent Guidelines in Handling FMLA Claims

by Taylor English Duma LLP on

Your employee takes twelve weeks of FMLA, but cannot return when her leave expires. Her doctor certifies that she needs an additional 30 days of recuperation, but she claims she can do light-duty work during that 30 day...more

Bill 17: The Fair and Family-friendly Workplaces Act overview

by Dentons on

Bill 17: The Fair and Family-friendly Workplaces Act was tabled in the Legislature on Wednesday, May 24, 2017. The Bill includes broad and sweeping changes to the Employment Standards Code and the Alberta Labour Relations...more

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