FordHarrison

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271 17th Street NW, Suite 1900
Atlanta, GA 30363, United States
Phone: 404-888-3800
Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Class Action
  • Immigration Law
  • Labor & Employment Law
  • Litigation
Locations
Other U.S. Locations
  • Alabama
  • California
  • Connecticut
  • D.C.
  • Florida
  • Georgia
  • Illinois
  • Maryland
  • Massachusetts
  • Minnesota
  • Missouri
  • New Jersey
  • New York
  • North Carolina
  • Ohio
  • Pennsylvania
  • South Carolina
  • Tennessee
  • Texas
  • Virginia
Number of Attorneys
100+ Attorneys

California Court Approves $700,000 Settlement for Seating Claim Brought By Retail Employees

The effects of the California Supreme Court’s latest interpretation to provide seating to workers are beginning to show, as the United States District Court for the Central District of California recently approved a $700,000…more

Abercrombie & Fitch, Attorney's Fees, CA Supreme Court, Corporate Counsel, CVS

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Federal Judge Dismisses Claim against University; Failure to Appropriately Monitor Docket Not Excusable Neglect

A federal trial court in D.C. recently dismissed the Amended Complaint of a former professor at the University of the District of Columbia ("UDC" or "University") due to his failure to timely oppose a Motion to Dismiss, finding…more

Breach of Contract, Collective Bargaining, Due Process, Motion to Dismiss, Universities

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Employers Must Use New I-9 Form Beginning September 18, 2017

Starting September 18, 2017, employers must use the revised Form I-9 with the revision date “7/17/17” to verify the identity and work eligibility of every new hire…more

Employer Liability Issues, Employment Eligibility Verification, Foreign Workers, Hiring & Firing, I-9

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Does Transgender Military Ban Signal New Direction of Trump Administration on LGBTQ Rights?

On July 26, 2017, President Trump announced via Twitter that the military, arguably the country’s largest employer, will no longer allow transgender people to serve, thus breaking from the Obama Administration’s lift of the…more

Civil Rights Act, Discrimination, Employment Discrimination, Gender Discrimination, Gender Identity

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The Department of Labor Changes Course on Tip-Pooling Restrictions

Quite a bit of effort goes into making an enjoyable restaurant experience, such as good food, prompt service and, of course, cleanliness. Want to reward the dishwashers for providing you with spotless silverware, expediters for…more

DOL, Employer Liability Issues, FLSA, Food Service Workers, Minimum Wage

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DOJ Publishes Antitrust Guidance for HR Professionals Relating to No-Poaching and Wage-Fixing Agreements

In a series of investigations and subsequent court actions, HR professionals have been identified as being potential targets for investigation of allegations of violations of antitrust laws related to employment practices,…more

Anti-Competitive, Antitrust Provisions, Competition, DOJ, Employer Liability Issues

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Supreme Court Upholds University Affirmative Action Admissions Policy

On June 23, 2016, the U.S. Supreme Court held for the second time that race may be taken into account when public universities and colleges admit students. In a 4-3 decision (Justice Kagan recused herself based on her prior work…more

Affirmative Action, College Admissions, Diversity, Educational Institutions, Equal Protection

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[Webinar] Manage Your Employees or Get Out of the Way: 10 Rules for Preventing Employment-Related Lawsuits - Complimentary Webinar - August 17th, 1:00pm ET

Employers in today's business world must comply with a host of federal, state, and local laws and regulations as part of managing their workforce. In addition to confusing and complicating situations, these laws can frighten…more

Best Practices, Defense Strategies, Employer Liability Issues, Human Resources Professionals, Risk Management

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Highlights of San Diego Minimum Wage and Sick Leave Ordinance Approved by Voters and Expected to Take Effect in July 2016

On June 7, 2016, San Diego voters voted in favor of a proposed two-fold Ordinance, which will increase the City's minimum wage rate and allow employees working within the San Diego city limits to earn one hour of paid sick leave…more

Local Ordinance, Notice Requirements, Paid Leave, Paid Time Off (PTO), Posting Requirements

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DOL Issues Long-Awaited New Rule Governing Retirement Investment Advisors

On April 6, 2016, the U. S. Department of Labor (DOL) released a long-awaited final rule expanding the definition of "fiduciary" under ERISA as well as the duties of investment advisors who qualify as fiduciaries thereunder…more

Best Interest Contract Exemptions, Conflicts of Interest, DOL, Employee Benefits, ERISA

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New York City Ramps Up Efforts to Enforce the Prevailing Wage Requirement of Its 421-a Affordable Housing Tax Exemption

Owners of 421-a tax exempt buildings and developments should practice extreme caution when considering responding (or failing to respond) to the recent notices (Notices) sent by the City of New York Department of Housing…more

Affordable Housing, Prevailing Wages, Property Service Workers, Real Estate Market, Tax Exempt Entities

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OSHA Anti-Retaliation Rule Will Take Effect December 1

A federal judge on November 28 refused to block implementation of the anti-retaliation provisions of OSHA’s recordkeeping and reporting rule scheduled to take effect December 1, 2016. The business groups challenging the rule…more

Anti-Retaliation Provisions, Drug Testing, Employer Liability Issues, Final Rules, Incentives

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Airline Industry Alert: Court Finds Federal Law Preempts State Drug-Testing Law as Applied to Flight Attendant

In a decision that is good news for airline employers, a federal trial court in Minnesota has held that the state drug-testing statute, which prohibits discharging an employee the first time the employee fails a drug test, is…more

Airlines, Drug Testing, Federal Aviation Administration (FAA), Flight Crews, Hiring & Firing

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Massachusetts Pregnant Workers Fairness Act Takes Effect April 1, 2018

A new Massachusetts law, the Pregnant Workers Fairness Act, will expand existing legal protections for pregnant employees beginning April 1, 2018. Most notably, employers will be required to provide reasonable accommodations for…more

Breastfeeding, Duty to Accommodate, New Legislation, Pregnancy, Pregnancy Discrimination

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Employers Must Use New I-9 Form Beginning September 18, 2017

Starting September 18, 2017, employers must use the revised Form I-9 with the revision date “7/17/17” to verify the identity and work eligibility of every new hire…more

Employer Liability Issues, Employment Eligibility Verification, Foreign Workers, Hiring & Firing, I-9

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Implementation of DOL's New Persuader Rule Permanently Blocked

A federal court in Texas has issued a decision permanently blocking the U.S. Department of Labor (DOL) from implementing the final version of its "persuader rule." See National Federation of Independent Businesses v. Perez (N.D…more

Administrative Procedure Act, Arbitrary and Capricious, DOL, Filing Requirements, First Amendment

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Ninth Circuit, California Appellate Court Take Aim at Arbitration Agreements

The Ninth Circuit and the California Court of Appeal have each issued decisions that may fundamentally affect how employers deal with arbitration agreements in the future. In Morris v. Ernst & Young, the Ninth Circuit held that…more

Appeals, Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers

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Tennessee Supreme Court Throws Out Applicant's Workers' Compensation Retaliation Claim Against Prospective Employer

On August 21, 2015, the Tennessee Supreme Court held that a job applicant does not have a cause of action under the Tennessee Workers' Compensation Act (TWCA) against a prospective employer for failure to hire based on the…more

ADA, Disability, Disability Discrimination, Hiring & Firing, Hospitals

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Alabama's New Non-Compete Statute Places New Restrictions on Employers

Effective January 1, 2016, Alabama passed a new non-compete and non-solicitation statute, repealing § 8-1-1 of the Alabama Code (the "New Act"). The New Act attempts to codify principles the Alabama courts have previously…more

Confidential Information, Corporate Counsel, Intellectual Property Protection, Non-Compete Agreements, Non-Solicitation Agreements

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Non-Compete News - Florida Supreme Court Holds Referral Sources Are Legitimate Business Interests Under Florida's Non-Compete Statute

On Thursday, September 14, 2017, the Florida Supreme Court held that referral sources can be valid legitimate business interests under Florida’s non-compete statute, potentially warranting enforcement of a restrictive…more

FL Supreme Court, Home Health Care, Home Healthcare Workers, Job Referrals, Non-Compete Agreements

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ALJ Rules that OFCCP Exceeded its Authority in Demanding Certain Employee Compensation Data from Google

In January, the OFCCP filed an administrative complaint against Google for denying access to records in violation of applicable federal affirmative action laws and implementing regulations. The Administrative Law Judge (ALJ)…more

Affirmative Action, ALJ, Corporate Counsel, Federal Contractors, Fourth Amendment

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California's New Criminal Background Check Regulations to Go Into Effect July 1, 2017

California’s Department of Fair Employment and Housing (DFEH) recently enacted regulations that impose additional burdens on employers’ use of criminal background checks in employment decisions. The new regulations are expected…more

Background Checks, Ban the Box, Criminal Background Checks, Employer Liability Issues, Employment Discrimination

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Connecticut Supreme Court Rules No Punitive Damages Under the Connecticut Fair Employment Practices Act

The Connecticut Supreme Court recently set aside an award of statutory punitive damages in a disability discrimination case brought pursuant to Connecticut’s human rights law, the Connecticut Fair Employment Practices Act…more

ADA, Civil Rights Act, Compensatory Damages, CT Supreme Court, Disability Discrimination

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Fourth Circuit Creates New Joint Employment Test under the Fair Labor Standards Act

The United States Court of Appeals for the Fourth Circuit recently issued a decision which clarifies and expands the circumstances under which entities may be held liable as joint employers under the Fair Labor Standards Act…more

Construction Industry, Economic Realities Test, FLSA, Joint Employers, Unpaid Wages

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Restaurant Industry Newsletter - September 2014

Restaurant Franchisors Targeted by NLRB and DOL for Claims They are Joint Employers of Franchisees' Employees- Restaurant franchisors are facing efforts from both the National Labor Relations Board (NLRB) and the U.S…more

DOL, Franchises, Franchisors, Joint Employers, NLRA

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EU GDPR Takes Effect on May 25, 2018: Is Your Company Prepared

Does your company control or process personal data of employees residing in the European Union? If so, be aware of the upcoming implementation of the General Data Protection Regulations (GDPR). The deadline for complying with…more

Data Protection, EU, EU Data Protection Laws, General Data Protection Regulation (GDPR), International Data Transfers

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Massachusetts Pregnant Workers Fairness Act Takes Effect April 1, 2018

A new Massachusetts law, the Pregnant Workers Fairness Act, will expand existing legal protections for pregnant employees beginning April 1, 2018. Most notably, employers will be required to provide reasonable accommodations for…more

Breastfeeding, Duty to Accommodate, New Legislation, Pregnancy, Pregnancy Discrimination

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Tennessee Governor Signs Legislation Providing Additional Employment Protections for Handgun Owners

Tennessee Governor Bill Haslam has signed legislation providing new employment protections for handgun owners. As discussed in more detail in our March 25, 2015 Alert, the new law creates a private right of action for any…more

Employer Liability Issues, Governor Haslam, Guns-in-Trunks Legislation, New Legislation

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Avoid singing the blues: how employers can mitigate wage/hour liability

In the last few years, there have been multiple headlines noting that celebrities are being sued for their (or their businesses’) failure to pay wages in accordance with applicable state and/or federal law. Two such recent…more

Employer Liability Issues, Employment Litigation, Entertainment Industry, FLSA, Lady Gaga

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The 2nd Department Rejects NYSDOL's "13 Hours Rule" For 24-Hour Shift Workers

Last week, in two long-awaited decisions, the New York State Appellate Division, Second Department ruled that home care workers who worked 24-hour shifts, commonly referred to as “live-in” shifts, were required to be paid for…more

Domestic Workers, Employer Liability Issues, Employment Litigation, Home Healthcare Workers, Rest and Meal Break

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Seventh Circuit Holds Distressed County Did Not Violate ADEA When It Terminated Rehired Retirees to Preserve Supplemental Health Insurance Coverage and Avoid Additional Costs

On July 26, 2017, the United States Court of Appeals for the Seventh Circuit in Carson v. Lake County, Indiana affirmed the district court’s order granting summary judgment to the employer on the plaintiffs’ Age Discrimination…more

ADEA, Age Discrimination, Corporate Counsel, Discrimination, Employee Benefits

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Calendar Year Plans Need to File Form 5500 by Monday, July 31, 2017

Executive Summary: The Form 5500 is an annual report that must be filed for every employee benefit plan that covers 100 or more participants. For calendar year plans, these forms must be filed by July 31, 2017…more

DOL, Employee Benefits, ERISA, Filing Requirements, Form 5500

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Eighth Circuit Weighs in On Legality of Class Action Waivers

On June 2, 2016, a three-judge panel of the U.S. Court of Appeals for the Eighth Circuit held that an arbitration agreement containing a class action waiver was lawful under the National Labor Relations Act (NLRA). Cellular…more

ALJ, Arbitration, Class Action, Class Action Arbitration Waivers, Corporate Counsel

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California Supreme Court Limits Right to Jury Trial on Health Care Whistleblower Claims

The California Supreme Court recently held that California Health and Safety Code section 1278.5(g), which protects health care workers and medical staff from discrimination and retaliation for reporting unsafe patient care and…more

Employment Litigation, Health Care Providers, Hiring & Firing, Hospitals, Jury Trial

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Recent Changes to Maryland Law Give Pregnant Employees and New Parents Enhanced Employment Protections

In 2013, the Maryland legislature passed the Reasonable Accommodations for Disabilities Due to Pregnancy Act requiring employers with 15 or more employees to provide reasonable accommodation for individuals with a disability…more

Employee Rights, Pregnancy, Pregnancy Discrimination

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Organized Labor’s International Strategy To Solve Its Domestic Crisis: A look at how American labor unions are reaching out to European and other international allies to influence U.S. labor relations and how companies should respond

Another major factor contributing to organized labor’s decline in the U.S. is the global economy. Asthe market for goods and services transitioned from domestic to global, U.S. companies faced downward pressure on labor costs to…more

Automotive Industry, DaimlerChrysler, Germany, Global Economy, SEIU

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Magnum, SMH

Who could possibly sully the sainted memory of Thomas Magnum, fictional private investigator and iconic 1980s bon vivant? All 45 of these guys, apparently…more

Employer Liability Issues, Harassment, Hostile Environment, Risk Management

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OFCCP Issues New Scheduling Letter and Itemized Listing – Federal Contractors Must Act Quickly to Ensure Compliance

On September 30, 2014, the Office of Federal Contract Compliance Programs ("OFCCP") published a Notice in the Federal Register announcing a newly approved Scheduling Letter and Itemized Listing…more

Affirmative Action, Compliance, EEO-1, Federal Contractors, OFCCP

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Solar eclipse guide for employers

Today’s solar eclipse is expected to be an exciting, once-in-a-lifetime opportunity with people from all over flocking to the path of totality. While this will likely mean considerable economic benefits from tourism, it is also…more

Absenteeism, Wage and Hour

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Third Circuit Affirms Judgment in Favor of Employer in ADA Action, Finding that Compliance with NRC Regulations Justified Employee's Termination

Recently, the United States Court of Appeals for the Third Circuit in McNelis v. Pennsylvania Power & Light Company affirmed the district court’s grant of summary judgment to the employer in a lawsuit alleging disability…more

ADA, Corporate Counsel, Disability, Disability Discrimination, Discrimination

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Florida Court finds Workers' Compensation Statute Unconstitutional

Circuit Judge Jorge E. Cueto of the 11th Judicial Circuit in and for Miami-Dade County, Florida has found that Section 440.11 of Florida's Workers' Compensation Act (the "Act"), which makes the Act the "exclusive" remedy…more

Bodily Injury, Disability, Workplace Injury

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Off-Duty Employees Had Right to "Hang Out" on Employer's Property to Publicize Dispute

An administrative law judge recently ruled that a Pacific Northwest fast food chain violated the National Labor Relations Act (NLRA) by maintaining a policy that prohibited off-duty employees from loitering or “hanging out” on…more

Corporate Counsel, Employee Rights, Employment Policies, Fast-Food Industry, Hiring & Firing

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OSHA Anti-Retaliation Rule Will Take Effect December 1

A federal judge on November 28 refused to block implementation of the anti-retaliation provisions of OSHA’s recordkeeping and reporting rule scheduled to take effect December 1, 2016. The business groups challenging the rule…more

Anti-Retaliation Provisions, Drug Testing, Employer Liability Issues, Final Rules, Incentives

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"Persuader Rule" IMPORTANT UPDATE

Previously, we alerted our clients that the U.S. Department of Labor (DOL) issued the final version of its "persuader rule," which requires employers, third-party lawyers and other labor consultants to disclose to the DOL any…more

Collective Bargaining, DOL, Persuader Rules, Reporting Requirements, Unions

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Finally! Something That's Not "Protected Activity" in California

It turns out that “protected activity” sufficient to make out a retaliation claim in California is not as broad as it may sometimes seem. On November 9, 2016, the Court of Appeal affirmed summary judgment for the employer in…more

Adverse Employment Action, Age Discrimination, Disability Discrimination, Discrimination, FEHA

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Does Transgender Military Ban Signal New Direction of Trump Administration on LGBTQ Rights?

On July 26, 2017, President Trump announced via Twitter that the military, arguably the country’s largest employer, will no longer allow transgender people to serve, thus breaking from the Obama Administration’s lift of the…more

Civil Rights Act, Discrimination, Employment Discrimination, Gender Discrimination, Gender Identity

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Ninth Circuit: FCRA Background Check Disclosure Cannot Include Liability Waiver

In a case of first impression, the Ninth Circuit Court of Appeals recently held that a background check disclosure that included a liability waiver violated the Fair Credit Reporting Act (FCRA). The Ninth Circuit is the first…more

Background Checks, Consumer Reporting Agencies, Consumer Reports, Employer Liability Issues, FCRA

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[Webinar] Religious Accommodation: Balancing Religion and Work Conflict - February 16th, 12:00pm Eastern

Please join Robbin Hutton for a presentation discussing the statutory and regulatory framework (as well as significant court cases) governing religious discrimination and accommodation in the workplace. The program will also…more

Civil Rights Act, Employer Liability Issues, Religious Accommodation, Religious Discrimination, Title VII

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What Does Florida's New Medical Marijuana Law Mean for Employers?

As employers in Florida prepare for the new year, many may wonder how Florida’s new medical marijuana law will impact them. In the November 2016 election, Florida as well as Arkansas, North Dakota and Montana all approved their…more

ADA, Decriminalization of Marijuana, Disability Discrimination, Drug Testing, Employment Policies

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New Jersey Expands Protection for United States Armed Forces Members and Veterans under New Jersey Law Against Discrimination

Governor Chris Christie signed into law New Jersey Senate Bill S726, expanding the New Jersey Law Against Discrimination to prohibit all forms of discrimination against members of the Armed Forces and veterans. The law was…more

Discrimination, Employer Liability Issues, Hiring & Firing, Military Service Members, New Legislation

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Florida Enacts Law to Implement Provisions of its Medical Marijuana Amendment, but Significant Questions Remain for Employers

Recently, Florida Governor Rick Scott signed into law a bill intended to implement provisions of the medical marijuana constitutional amendment that was approved by Florida voters last November (Amendment 2). The new law…more

ADA, Decriminalization of Marijuana, Disability Discrimination, Drug Testing, Employment Policies

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Eleventh Circuit Sets the Stage for U.S. Supreme Court Certification on Whether Sexual Orientation is Protected by Title VII

On March 10, 2017, in Evans v. Georgia Regional Hospital, a split panel of the U.S. Court of Appeals for the Eleventh Circuit held that it was bound by prior precedent that Title VII of the Civil Rights Act of 1964 does not…more

Civil Rights Act, Discrimination, Employer Liability Issues, Employment Litigation, Gender Identity

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HR issues that arise when natural disasters hit

Natural disasters, like Hurricane Harvey, raise a host of issues for employers, regardless of whether these employers have a direct presence in the affected areas or whether they have employees residing in or telecommuting from…more

Employer Liability Issues, FLSA, FMLA, Hurricane Harvey, Hurricane Season

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What Does Florida's New Medical Marijuana Law Mean for Employers?

As employers in Florida prepare for the new year, many may wonder how Florida’s new medical marijuana law will impact them. In the November 2016 election, Florida as well as Arkansas, North Dakota and Montana all approved their…more

ADA, Decriminalization of Marijuana, Disability Discrimination, Drug Testing, Employment Policies

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Airline Management Newsletter - February 2014

Ninth Circuit Upholds Strike Injunction Against Non-Union Employees - Executive Summary: The Ninth Circuit recently affirmed the decision of a federal trial court, which granted a strike injunction against unrepresented…more

Airlines, Airports, Aviation Industry, Collective Bargaining, Employer Liability Issues

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Health Care Alert: Supreme Court Limits Agency Fees to Full-Fledged Public Employees

In a decision that could have a significant financial impact on many labor unions, the U.S. Supreme Court has held that personal care providers, who are considered state employees only for limited collective bargaining purposes…more

Collective Bargaining, Employee Benefits, Harris v Quinn, Healthcare, SCOTUS

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New Texas Laws Taking Effect September 1, 2017

Though employment issues were not the focus of the 85th Regular and Special Legislative Sessions of the Texas Legislature, Texas employers should be aware of a handful of new Texas laws which take effect September 1, 2017…more

Defend Trade Secrets Act (DTSA), First Responders, Foster Children, Hiring & Firing, Intellectual Property Protection

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Calendar Year Plans Need to File Form 5500 by Monday, July 31, 2017

Executive Summary: The Form 5500 is an annual report that must be filed for every employee benefit plan that covers 100 or more participants. For calendar year plans, these forms must be filed by July 31, 2017…more

DOL, Employee Benefits, ERISA, Filing Requirements, Form 5500

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Federal Court Declares DOL Overtime Rules Invalid

Yesterday, a federal District Court in Texas issued a decision declaring the Department of Labor’s (DOL’s) new overtime rules invalid and, therefore, permanently enjoining the implementation of these rules nationwide. This…more

DOL, FLSA, Minimum Salary, Over-Time, Wage and Hour

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EU GDPR Takes Effect on May 25, 2018: Is Your Company Prepared

Does your company control or process personal data of employees residing in the European Union? If so, be aware of the upcoming implementation of the General Data Protection Regulations (GDPR). The deadline for complying with…more

Data Protection, EU, EU Data Protection Laws, General Data Protection Regulation (GDPR), International Data Transfers

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White House Issues State Call To Action To Ban Certain Non-Compete Agreements

On October 25, 2016, the Obama Administration issued a “State Call to Action on Non-Compete Agreements.” This call to action is part of President Obama’s Executive Order directing states to increase competition for workers and…more

Best Practices, Confidential Information, Contract Terms, Employment Contract, Hiring & Firing

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Non-Compete News – Third Circuit Says Tortious Interference with a Non-Compete Requires Actual Knowledge of the Agreement at Issue

An employer hiring an individual known to be subject to a non-compete contract can expect to be accused of tortiously interfering with that contract. On the other hand, the hiring employer should be innocent of wrongdoing if it…more

Actual or Constructive Knowledge, Breach of Contract, Corporate Counsel, Due Diligence, Hiring & Firing

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"Persuader Rule" IMPORTANT UPDATE

Previously, we alerted our clients that the U.S. Department of Labor (DOL) issued the final version of its "persuader rule," which requires employers, third-party lawyers and other labor consultants to disclose to the DOL any…more

Collective Bargaining, DOL, Persuader Rules, Reporting Requirements, Unions

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Employers Must Use New I-9 Form Beginning September 18, 2017

Starting September 18, 2017, employers must use the revised Form I-9 with the revision date “7/17/17” to verify the identity and work eligibility of every new hire…more

Employer Liability Issues, Employment Eligibility Verification, Foreign Workers, Hiring & Firing, I-9

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Texas' Pending LGBT-Related Legislation: What it Means for Employers

Issues pertaining to LGBT rights have been a focal point of public debate and discourse for several years, but since the U.S. Supreme Court’s decision in Obergefell v. Hodges, these issues increasingly have also been the focus…more

Discrimination, LGBT, LGBTQ, Obergefell v. Hodges, Proposed Legislation

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Employer Strategies In A Changing Slow-Growth Economy – Dealing With Organized Labor: The Boeing Blueprint

How are U.S. employers approaching the economic "recovery" from the recession and what strategies are being employed by them, particularly in relation to unionized workforces?…more

Boeing, Business Development, Economic Downturn, Unions

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Airline Management Newsletter - February 2014

Ninth Circuit Upholds Strike Injunction Against Non-Union Employees - Executive Summary: The Ninth Circuit recently affirmed the decision of a federal trial court, which granted a strike injunction against unrepresented…more

Airlines, Airports, Aviation Industry, Collective Bargaining, Employer Liability Issues

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Implementation of DOL's New Persuader Rule Permanently Blocked

A federal court in Texas has issued a decision permanently blocking the U.S. Department of Labor (DOL) from implementing the final version of its "persuader rule." See National Federation of Independent Businesses v. Perez (N.D…more

Administrative Procedure Act, Arbitrary and Capricious, DOL, Filing Requirements, First Amendment

See all updates »

Off-Duty Employees Had Right to "Hang Out" on Employer's Property to Publicize Dispute

An administrative law judge recently ruled that a Pacific Northwest fast food chain violated the National Labor Relations Act (NLRA) by maintaining a policy that prohibited off-duty employees from loitering or “hanging out” on…more

Corporate Counsel, Employee Rights, Employment Policies, Fast-Food Industry, Hiring & Firing

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Invocation of "The Rule" During Trade Secret Injunction Hearings

The Texas Supreme Court ruled last week that a party accused of stealing trade secrets does not have an absolute right to be present in the courtroom for the entirety of a preliminary injunction hearing when the trade secrets at…more

Absolute Privilege, Due Process, Infringement, Misappropriation, Oil & Gas

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Georgia Wage Garnishments Resume after Revised Order

Nearly one month after Federal Judge Marvin Shoob, of the United States District Court for the Northern District of Georgia, ruled that Georgia's garnishment law is unconstitutional, on Monday, October 5, 2015, Judge Shoob…more

Bank Accounts, Banking Sector, Compliance, Financial Institutions, Garnishment

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Puerto Rico Issues Comprehensive Labor Law Reform

On January 26, 2017, Puerto Rico’s Governor, Ricardo Roselló, signed into law the Labor Transformation and Flexibility Act (the “Act”). The Act represents the first significant and comprehensive labor law reform to occur in…more

Bonuses, Breastfeeding, Burden of Proof, Compensatory Damages, Disability

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The Department of Labor Changes Course on Tip-Pooling Restrictions

Quite a bit of effort goes into making an enjoyable restaurant experience, such as good food, prompt service and, of course, cleanliness. Want to reward the dishwashers for providing you with spotless silverware, expediters for…more

DOL, Employer Liability Issues, FLSA, Food Service Workers, Minimum Wage

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In honor of Labor Day, some time sheet tips to beat FLSA off-the-clock claims

Ah, Labor Day. Family barbecues, a trip to the beach, your last chance to wear white, time spent napping and binging on Netflix, or just a simple day of relaxation. However you spent the long weekend, I hope you enjoyed some…more

FLSA, Recordkeeping Requirements, Time Cards, Timekeeping, Wage and Hour

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New Florida Statute Regulates the Ride-Sharing Industry and Classifies Drivers as Independent Contractors

The Florida Legislature recently enacted legislation regulating transportation network companies (TNCs), commonly referred to as “ride-sharing” companies. Under the new statute, TNCs will be able to lawfully classify their…more

Corporate Counsel, Gig Economy, Hiring & Firing, Independent Contractors, Lyft

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What’s in a Name?: Bias in the Workplace

As Shakespeare wrote, “that which we call a rose by any other name would smell as sweet.” But there is in fact much to a name – a name can convey a sense of identity, culture, and family history. But a series of viral tweets…more

Bias, Gender Discrimination, Social Media, Twitter, Young Lawyers

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New California Paid Sick Leave Law May Cause Headaches for Employers

On September 10, 2014, California Governor Jerry Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014 (HWHFA), which provides nearly all employees working in California with paid sick leave. The new law…more

Employee Rights, Jerry Brown, New Legislation, Paid Leave, Sick Leave

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Airline Industry Alert: FAA Does Not Recommend Routine Psychological Testing for Pilots

On June 9, 2016, the FAA announced specific actions that it will take, in conjunction with airlines and pilots' unions, concerning pilots' mental health in response to the Malaysia Flight 370 and Germanwings Flight 9525…more

Aviation Industry, Federal Aviation Administration (FAA), Medical Examinations, Mental Health, Mental Illness

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Tennessee Supreme Court Throws Out Applicant's Workers' Compensation Retaliation Claim Against Prospective Employer

On August 21, 2015, the Tennessee Supreme Court held that a job applicant does not have a cause of action under the Tennessee Workers' Compensation Act (TWCA) against a prospective employer for failure to hire based on the…more

ADA, Disability, Disability Discrimination, Hiring & Firing, Hospitals

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Students in Clinical Training Program Were Not Employees Under the FLSA

A federal trial court in Florida recently issued a significant decision on the issue of unpaid trainees under the FLSA, finding that 25 former students of Wolford College were not employees when they participated in a clinical…more

Classification, Employee Rights, FLSA, Full-Time Employees, Students

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[Webinar] An Overview of Title III of the Americans with Disabilities Act: Public Accommodation and Growing Threat of Claims and Litigation - August 24th, 12:00pm ET

Complaints about access to restaurants and other retail establishments? Challenges to website design? Today Public Accommodation lawsuits are growing and plaintiffs’ attorneys are becoming more creative. While most companies and…more

Accessibility Rules, ADA, Public Accommodation, Title III, Webinars

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New Jersey Employers Cannot Reduce Employees' Time To File Discrimination Claims From Two Year Statute Of Limitations, Rules Unanimous New Jersey Supreme Court

The New Jersey Supreme Court has held that employment agreements shortening the time in which an employee may file a discrimination claim against his or her employer under the New Jersey Law Against Discrimination (LAD) are…more

Anti-Discrimination Policies, Corporate Counsel, Disability Discrimination, Discrimination, Employee Rights

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The Race to File H-1B Work Visas on April 1, 2017

We are releasing this Alert to remind employers of the fast-approaching April 1, 2017, opening date for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for work authorization in the U.S. Since…more

DOL, E-1, E-2, E-3, F-1 Visa

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Data privacy in the Americas - At a glance

As multinational employers are aware, data privacy laws can vary greatly from jurisdiction to jurisdiction. Ensuring compliance with the different requirements can be challenging, and the penalties for noncompliance can be…more

Background Checks, Computer Fraud and Abuse Act (CFAA), Confidential Information, Corporate Counsel, Cybersecurity

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EEOC Issues Publication Informing Job Applicants and Employees with Mental Health Conditions of their Employment Rights

On December 12, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued a user-friendly resource document aimed at informing applicants and employees with mental health conditions about their workplace rights under…more

ADA, Anti-Discrimination Policies, Anti-Harassment Policies, Disability Discrimination, EEOC

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Can You Fire an Employee Involved in Racist Protests? Should You?

Following recent events in Charlottesville, Virginia involving a “Unite the Right” rally organized by multiple white nationalist groups protesting the removal of a statue of Robert E. Lee, which turned violent and ended in the…more

Employer Liability Issues, Employer Rights, Hiring & Firing, NLRA, Off-Duty Employees

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The Ninth Circuit Affords No Deference to the DOL's 80/20 Tip-Credit Guidance—Creating a Circuit Split and Potentially Setting Up a Supreme Court Fight

On September 6, in Marsh v. J. Alexander’s LLC, the Ninth Circuit Court of Appeals refused to give deference to the U.S. Department of Labor’s (“DOL”) tip-credit guidance under the Fair Labor Standards Act (“FLSA”). The…more

DOL, FLSA, Minimum Wage, Tip Credit, Tipped Employees

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Non-Compete News – Third Circuit Says Tortious Interference with a Non-Compete Requires Actual Knowledge of the Agreement at Issue

An employer hiring an individual known to be subject to a non-compete contract can expect to be accused of tortiously interfering with that contract. On the other hand, the hiring employer should be innocent of wrongdoing if it…more

Actual or Constructive Knowledge, Breach of Contract, Corporate Counsel, Due Diligence, Hiring & Firing

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Legal Alert: Supreme Court Sets Heightened Standard For Proving Retaliation Claims

On June 24, 2013, the United States Supreme Court heightened the burden of proof for employees bringing retaliation claims under Title VII by holding that employees have to prove that the employer's desire to retaliate was the…more

But For Causation, Discrimination, Hiring & Firing, Race Discrimination, Religious Discrimination

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California Supreme Court Limits Right to Jury Trial on Health Care Whistleblower Claims

The California Supreme Court recently held that California Health and Safety Code section 1278.5(g), which protects health care workers and medical staff from discrimination and retaliation for reporting unsafe patient care and…more

Employment Litigation, Health Care Providers, Hiring & Firing, Hospitals, Jury Trial

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Non-Compete News: Using Defend Trade Secrets Act, California Court Stops Deletion of Misappropriated Confidential Information

Having just celebrated its one-year anniversary, the Defend Trade Secrets Act (DTSA) triggered an uptick in federal litigation concerning the fight to protect corporate trade secrets. Though no court has issued the elusive ex…more

Confidential Information, Corporate Counsel, Defend Trade Secrets Act (DTSA), Email, Google

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What Issues May Employers Be Required to Address as Hurricane Irma Threatens?

As Florida and the East Coast of the U.S. brace for Hurricane Irma, the approaching storm serves as a reminder that employers should be prepared to address storm-related issues if they are required to close their businesses and…more

Disaster Preparedness, Emergency Management Plans, Employer Liability Issues, FLSA, FMLA

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New York City Ramps Up Efforts to Enforce the Prevailing Wage Requirement of Its 421-a Affordable Housing Tax Exemption

Owners of 421-a tax exempt buildings and developments should practice extreme caution when considering responding (or failing to respond) to the recent notices (Notices) sent by the City of New York Department of Housing…more

Affordable Housing, Prevailing Wages, Property Service Workers, Real Estate Market, Tax Exempt Entities

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Calendar Year Plans Need to File Form 5500 by Monday, July 31, 2017

Executive Summary: The Form 5500 is an annual report that must be filed for every employee benefit plan that covers 100 or more participants. For calendar year plans, these forms must be filed by July 31, 2017…more

DOL, Employee Benefits, ERISA, Filing Requirements, Form 5500

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Appellate Court Nixes Employee Arbitration Agreements

By Decision dated July 19, 2017 (the “Decision”), the Appellate Division, First Department (the “First Department”) (which has jurisdiction over Manhattan and Bronx) held that arbitration agreements obligating employees to waive…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Collective Actions

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[Webinar] Manage Your Employees or Get Out of the Way: 10 Rules for Preventing Employment-Related Lawsuits - Complimentary Webinar - August 17th, 1:00pm ET

Employers in today's business world must comply with a host of federal, state, and local laws and regulations as part of managing their workforce. In addition to confusing and complicating situations, these laws can frighten…more

Best Practices, Defense Strategies, Employer Liability Issues, Human Resources Professionals, Risk Management

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Employers Should Be Aware Of The Risks Of Unexpected FMLA Liability

Executive Summary: While most companies are aware of the liability they may face if they violate the FMLA, a recent decision from the Eleventh Circuit serves as a reminder of just how important it is for employers to train…more

Employer Liability Issues, Estoppel, FMLA, Human Resources Professionals, Retaliation

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The Department of Health and Human Services Revises Drug Testing Custody and Control Form

On August 8, 2017, the Department of Health and Human Services (HHS) announced that the Office of Management and Budget approved its revised Federal Drug Testing Custody and Control Form (CCF). However, Department of…more

Department of Transportation (DOT), Drug Testing, HHS, Hiring & Firing, Required Forms

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Chicago and Cook County Paid Sick Leave Ordinances - A Differential Diagnosis of Implementing Rules

As most employers in the “Chicagoland” area are hopefully already aware, both Chicago and Cook County have enacted paid sick leave (PSL) ordinances that go into effect July 1, 2017. Although the two ordinances are remarkably…more

Local Ordinance, Paid Leave, Paid Time Off (PTO), Sick Leave, Wage and Hour

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DOL Issues Administrator's Interpretation Expanding the Definition of Joint Employment

Under the Obama administration, the U.S. Department of Labor (DOL) has aggressively enforced and interpreted the federal wage and hour laws. Consistent with that approach, on Wednesday January 20, 2016, the Department of Labor's…more

Agricultural Workers, DOL, FLSA, Joint Employers, Seasonal Workers

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Are You Prepared to Deal with Potential Exposure to Ebola in the Workplace?

With the diagnosis of the second Ebola case in the United States on October 12, 2014 – one in which a healthcare worker contracted the lethal disease while performing her job duties – U.S. employers are examining what necessary …more

Ebola, Healthcare

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Employers Should Be Prepared to Deal with the Aftermath of Hurricane Harvey

In the wake of the devastation caused by Hurricane Harvey, many employers are faced with questions as they prepare to resume normal operations. Some of the most common questions, such as those arising under the Fair Labor…more

Disaster Aid, Employer Liability Issues, Exempt-Employees, FLSA, FMLA

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EEOC Issues Publication Informing Job Applicants and Employees with Mental Health Conditions of their Employment Rights

On December 12, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued a user-friendly resource document aimed at informing applicants and employees with mental health conditions about their workplace rights under…more

ADA, Anti-Discrimination Policies, Anti-Harassment Policies, Disability Discrimination, EEOC

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Resource Update: Innovative Strategies for Defending Against the Rising Tide of Wage and Hour Class and Collective Action Claims

Over the last decade, employers increasingly have been bombarded with wage and hour lawsuits filed by current and former employees under the Fair Labor Standards Act (FLSA) and various state law equivalents. Though no talisman…more

Class Action, Collective Actions, Employee Rights, Employer Liability Issues, FLSA

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EU GDPR Takes Effect on May 25, 2018: Is Your Company Prepared

Does your company control or process personal data of employees residing in the European Union? If so, be aware of the upcoming implementation of the General Data Protection Regulations (GDPR). The deadline for complying with…more

Data Protection, EU, EU Data Protection Laws, General Data Protection Regulation (GDPR), International Data Transfers

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Third Circuit Affirms Judgment in Favor of Employer in ADA Action, Finding that Compliance with NRC Regulations Justified Employee's Termination

Recently, the United States Court of Appeals for the Third Circuit in McNelis v. Pennsylvania Power & Light Company affirmed the district court’s grant of summary judgment to the employer in a lawsuit alleging disability…more

ADA, Corporate Counsel, Disability, Disability Discrimination, Discrimination

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What Employers Need to Know About Employee Verification Requirements: Recent Changes to Form I-9 and Challenges Posed by a Natural Disaster

Although immigration has been a hot political topic lately, employers’ obligations to comply with the Immigration Reform and Control Act of 1986 (“IRCA”), 8 U.S.C. § 1324a, have remained consistent for the last few years. As…more

DHS, E-Verify, Employer Liability Issues, Employment Eligibility Verification, Foreign Workers

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Georgia's New Kin Care Law: Who is Covered and What It Means for Employers

On May 8, 2017, Georgia Governor Nathan Deal signed Senate Bill 201, now known as Act 203, into law. The law went into effect on July 1, 2017. In short, the new law requires covered employers, who provide paid sick leave to…more

New Legislation, Paid Family Leave Law, Paid Time Off (PTO), Sick Leave, Wage and Hour

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The Ninth Circuit Affords No Deference to the DOL's 80/20 Tip-Credit Guidance—Creating a Circuit Split and Potentially Setting Up a Supreme Court Fight

On September 6, in Marsh v. J. Alexander’s LLC, the Ninth Circuit Court of Appeals refused to give deference to the U.S. Department of Labor’s (“DOL”) tip-credit guidance under the Fair Labor Standards Act (“FLSA”). The…more

DOL, FLSA, Minimum Wage, Tip Credit, Tipped Employees

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NYC Enacts "Fair Work Week" Laws for Retail and Fast Food Employees

New York City’s new package of “Fair Work Week” laws, which go into effect on November 27, 2017, will create new and burdensome scheduling and record-keeping requirements for retailers and fast food establishments, including an…more

Anti-Retaliation Provisions, Employer Liability Issues, Fair Workweek, Fast-Food Industry, Food Service Workers

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Multiemployer Pension Plans: Section 1405 – Limitation on Withdrawal Liability

In a recent decision involving a withdrawal liability assessment by a multiemployer pension plan, an arbitrator reduced the assessment by approximately 50 percent and ruled in favor of the employer on several significant legal…more

Arbitrators, Compensation & Benefits, Employee Benefits, Multiemployer Pension Plan Amendments Act (MPPAA), Multiemployer Plan

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Florida Enacts Law to Implement Provisions of its Medical Marijuana Amendment, but Significant Questions Remain for Employers

Recently, Florida Governor Rick Scott signed into law a bill intended to implement provisions of the medical marijuana constitutional amendment that was approved by Florida voters last November (Amendment 2). The new law…more

ADA, Decriminalization of Marijuana, Disability Discrimination, Drug Testing, Employment Policies

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Airline Industry Alert: FAA Does Not Recommend Routine Psychological Testing for Pilots

On June 9, 2016, the FAA announced specific actions that it will take, in conjunction with airlines and pilots' unions, concerning pilots' mental health in response to the Malaysia Flight 370 and Germanwings Flight 9525…more

Aviation Industry, Federal Aviation Administration (FAA), Medical Examinations, Mental Health, Mental Illness

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California Court Approves $700,000 Settlement for Seating Claim Brought By Retail Employees

The effects of the California Supreme Court’s latest interpretation to provide seating to workers are beginning to show, as the United States District Court for the Central District of California recently approved a $700,000…more

Abercrombie & Fitch, Attorney's Fees, CA Supreme Court, Corporate Counsel, CVS

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Massachusetts Lawmakers Approve Pay Equity Bill

Executive Summary: On July 23, Massachusetts lawmakers unanimously approved An Act to Establish Pay Equity (the "Bill"), which seeks to ensure that men and women are paid equally for comparable work. Variations in pay must be…more

Employer Liability Issues, Equal Pay, Gender Discrimination, Gender-Based Pay Discrimination, New Legislation

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[Event] Evolving Workplace Issues and Dynamics - Are You Ready? - Seminar and Reception - November 10th, Melbourne, FL

Half-Day Seminar Hosted by South Brevard SHRM and FordHarrison SBSHRM and FordHarrison are partnering for a fantastic half-day event at the Eau Gallie Yacht Club. This event will be held in place of SBSHRM's usual luncheon…more

ADA, Anti-Discrimination Policies, Continuing Legal Education, EEOC, Employer Liability Issues

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Does Transgender Military Ban Signal New Direction of Trump Administration on LGBTQ Rights?

On July 26, 2017, President Trump announced via Twitter that the military, arguably the country’s largest employer, will no longer allow transgender people to serve, thus breaking from the Obama Administration’s lift of the…more

Civil Rights Act, Discrimination, Employment Discrimination, Gender Discrimination, Gender Identity

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The 2nd Department Rejects NYSDOL's "13 Hours Rule" For 24-Hour Shift Workers

Last week, in two long-awaited decisions, the New York State Appellate Division, Second Department ruled that home care workers who worked 24-hour shifts, commonly referred to as “live-in” shifts, were required to be paid for…more

Domestic Workers, Employer Liability Issues, Employment Litigation, Home Healthcare Workers, Rest and Meal Break

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