FordHarrison

What You Need To Know About California's Amended Fair Pay Act That Takes Effect January 1, 2016

California's amended Fair Pay Act goes into effect on January 1, 2016, and is considered the most stringent law in the nation. The new law received broad support from both Republicans and Democrats in the Legislature. It…more

Corporate Counsel, Fair Pay Act, Gender-Based Pay Discrimination, Pay Transparency, Recordkeeping Requirements

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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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Reminder - The Race Is On to File H-1B Work Visas on April 1, 2016

We are releasing this Alert to remind employers of the fast approaching April 1, 2016, deadline for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for long-term work authorization in the U.S…more

Deadlines, Foreign Workers, H-1B, USCIS, Work Visas

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Restaurant Industry Newsletter - April 2013: Help! I just received a Charge of Discrimination from the EEOC. What is it, and what do I do next?

If you just received a charge of discrimination from the Equal Employment Opportunity Commission ("EEOC"), you are not alone. During the EEOC's 2012 fiscal year, 99,412 charges of discrimination were filed…more

ADA, ADEA, Discrimination, EEOC, Equal Pay Act

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Federal Court Approves $415 Million Settlement of Employee Antitrust Claims Against California Technology Employers

On September 2, 2015, a federal trial court in California approved a $415 million settlement of an antitrust class action filed against a number of Silicon Valley technology employers, including Apple Inc. and Google, among…more

Antitrust Litigation, Apple, Class Action, Compliance, DOJ

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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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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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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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Airline Industry Alert: RLA System Board Rules That Cessation of Operations as an Air Carrier Resulted in Termination of the CBA

In a recent decision, an RLA System Board of Adjustment has ruled that unilateral termination of a pilot retiree health insurance plan was permissible because the underlying CBA had terminated…more

Airlines, Aviation Industry, Collective Bargaining, Employee Benefits, Health Insurance

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Massachusetts Voters Say "Yes" to Mandatory Sick Time

On election day, Massachusetts voters approved a ballot initiative requiring employers to provide sick time to their employees. Absent legislative repeal, the mandatory sick time law will become effective on July 1, 2015…more

Employee Rights, Paid Leave, Sick Leave

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What’s on the Horizon for U.S. Employers in 2016?

While the upcoming U.S. Presidential election and on-going Congressional gridlock make it unlikely any new federal employment laws will be enacted in the U.S. in 2016, employers can expect federal agencies to continue their…more

Ban the Box, Class Action Arbitration Waivers, Corporate Counsel, Criminal Background Checks, DOL

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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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What You Need To Know About California's Amended Fair Pay Act That Takes Effect January 1, 2016

California's amended Fair Pay Act goes into effect on January 1, 2016, and is considered the most stringent law in the nation. The new law received broad support from both Republicans and Democrats in the Legislature. It…more

Corporate Counsel, Fair Pay Act, Gender-Based Pay Discrimination, Pay Transparency, Recordkeeping Requirements

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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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Exercise Aniston-esque restraint when analyzing offensive employee posts

This week’s employment law lesson comes to us from the movie Horrible Bosses. In the movie, Julia (played by Jennifer Aniston) is a dentist who employs dental assistant Dale (played by Charlie Day). After Julia uses her boss…more

NLRA, NLRB, Protected Activity, Social Media

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VEVRAA Hiring Benchmark for 2016 is 6.9 Percent

The Office of Federal Contract Compliance Programs (OFCCP) has announced that the 2016 Annual Section 4212 (VEVRAA) hiring benchmark for 2016 is 6.9 percent. The benchmark is based on data issued by the Bureau of Labor…more

Affirmative Action, Benchmarks, Federal Contractors, Hiring & Firing, OFCCP

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Home Care Professionals Series Part 1 – NYS Domestic Workers' Bill of Rights

As most home care agencies know, the United States Department of Labor ("USDOL") eliminated the companionship exemption for home care agency workers on October 13, 2015 in its Final Rule on the Application of the FLSA to…more

DOL, Domestic Workers, ESTA, Home Healthcare Workers, Paid Leave

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California Supreme Court Tells Both Sides to Sit Down

The California Supreme Court's recent decision in Kilby v. CVS Pharmacy/Henderson v. JPMorgan Chase has clarified the state's standards concerning when employers must provide suitable seating to their employees. While the…more

CA Supreme Court, CVS, Employer Liability Issues, JPMorgan Chase, PAGA

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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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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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"Brexit": What American Employers Need to Know

Following the United Kingdom's stunning decision last week to leave the European Union, many US employers with employees in the UK find themselves wondering: What happens now? To be sure, "Brexit" was a monumental and…more

EEA, Employee Relocations, EU, Member State, Referendums

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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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New York City Passes Ban-the-Box Legislation Affecting Private Employers

On June 10, 2015, the New York City Council passed the NYC Fair Chance Act (the Act) in a landslide vote. Sponsored by New York City Council Member Jumaane Williams (D-Brooklyn), the Act amends the New York City Human Rights Law…more

Background Checks, Ban the Box, Compliance, CPLR, Criminal Background Checks

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ACA Reporting Delayed

On Monday, December 28, 2015, the Internal Revenue Service announced in Notice 2016-4 that employers will have additional time to file annual reports required under the Patient Protection and Affordable Care Act ("ACA"). The…more

Affordable Care Act, Annual Reports, Cadillac Tax, Filing Deadlines, Health Insurance

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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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What California Employers Need to Know About the New CFRA Regulations Effective July 1, 2015

On July 1, 2015, the Fair Employment and Housing Council's (FEHC) new regulations interpreting the California Family Rights Act (CFRA) went into effect. The regulations were intended to clarify the previous regulations and align…more

California Family Rights Act (CFRA), Covered Employee, FMLA, Paid Leave, Wage and Hour

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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

Auto Manufacturers, Automotive Industry, DaimlerChrysler, Germany, Global Economy

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Success through rudeness and hostility

Silicon Valley’s third season is in full swing on HBO, which raised a question in my mind: if Michael Scott’s Dunder Mifflin warranted an entire blog from the FordHarrison crew, isn’t the Hacker Hostel’s Erlich Bachman at least…more

Hostile Environment, Silicon Valley, Startups, Venture Capital

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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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No bluff: Wright demands equal pay on House of Cards

Actress Robin Wright, who plays the formidable Claire Underwood on House of Cards, is the latest in the entertainment world to speak out on equal pay. According to a recent interview, Wright demanded equal pay after statistics…more

Civil Rights Act, EEOC, Entertainment Industry, Equal Pay, Equal Pay Act

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Supreme Court Rules that Statute of Limitations Period for Constructive Discharge Claims Begins to Run from Date of Notice of Resignation

The U.S. Supreme Court recently held that the statute of limitations period for constructive discharge claims under Title VII of the 1964 Civil Rights Act (Title VII) begins to run from the date that the employee gives the…more

Constructive Discharge, EEOC, Filing Deadlines, Green v Brennan, Hiring & Firing

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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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Airline Industry Alert: Court Finds Airline Deregulation Act Does Not Preempt Miami-Dade County's Living Wage Ordinance

On September 21, 2015, the U.S. Court of Appeals for the Eleventh Circuit held that the Airline Deregulation Act (ADA) does not preempt Miami-Dade County's Living Wage Ordinance (LWO). Amerijet Int'l, Inc. v. Miami-Dade Cnty.,…more

Air Cargo, Airline Deregulation Act, Airlines, Airports, Appeals

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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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Employers Should Evaluate Safety Incentive Programs and Drug Testing Policies in Light of New OSHA Rule

The Occupational Safety and Health Administration (OSHA) recently published a final rule revising its recordkeeping and reporting regulation to specifically state that employer policies for reporting workplace injuries and…more

Anti-Retaliation Provisions, Drug Testing, Electronic Filing, Employer Liability Issues, Employer Mandates

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Legal Alert: FCPA Resource Guide Issued

On November 14, 2012, the Criminal Division of the United States Department of Justice ("DOJ") and the Enforcement Division of the United States Security and Exchange Commission ("SEC") issued "A Resource Guide to the U.S…more

Compliance, DOJ, FCPA, FCPA Resource Guide, SEC

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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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Starting July 1, 2016, Employees in Los Angeles Get Three Additional Days of Paid Sick Leave and $10.50 Per Hour

On April 19, 2016, the Los Angeles City Council voted overwhelmingly in favor of a proposed ordinance that would permit Los Angeles workers to earn at least six paid sick leave days annually. That is double the mandatory minimum…more

City of Los Angeles, Local Ordinance, Minimum Wage, Paid Leave, Sick Leave

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Legal Alert: Obesity Is A Disease, But Is It A Disability?

The American Medical Association's (AMA's) declaration that obesity is a disease could open the door to a new wave of lawsuits under the Americans with Disabilities Act (ADA)…more

ADA, American Medical Association, Disability, Disability Discrimination, EEOC

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3 Legal Mistakes Hiring Managers Make In the Employment Process

In your experience, what's the one legal mistake hiring managers always (inadvertently) make? That's the question we asked labor and employment attorneys writing on JD Supra - and here is what we heard back..…more

Background Checks, Hiring & Firing, Legal Perspectives

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Employer Not Required by ADA to Permit Employee to Telecommute

Reversing an earlier panel decision, the Sixth Circuit has held that an employee who was unable to regularly and consistently attend work was not a qualified individual with a disability under the Americans with Disabilities Act…more

ADA, Appeals, Attendance, Best Management Practices, EEOC

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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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Cooling hot political buttons

During every political campaign, I am reminded of the notion that if we speak about our co-workers or subordinates in the manner in which the American voter speaks about political candidates, we should expect some remediation by…more

Discrimination, Donald Trump, Entertainment Industry, First Amendment, Free Speech

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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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Proponents of Florida's Medical Marijuana Amendment Have High Hopes But Will Its Passing Affect Your Workplace Policies?

If voters approve the ballot initiative "Use of Marijuana for Certain Medical Conditions" ("Amendment 2") this November, Florida will become the 24th state plus Washington D.C. to legalize medical marijuana. Amendment 2 would…more

Drug-Free Workplace Act, Marijuana, Medical Marijuana, Trucking Industry

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Great expectations? Let’s start with reasonable expectations

Expectations are a funny thing. They can be good in that they set forth an objective measure for expected performance, goals and standards of conduct. On the other hand, they can turn bad if they are unreasonable, or if they are…more

Athletes, Covenant of Good Faith and Fair Dealing, Employment Discrimination, NBA, Policies and Procedures

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New Tennessee Law Limits Scope of Employment Discrimination

Tennessee has drastically changed the legal landscape of employment discrimination litigation under state law. For claims arising after July 1, 2014, plaintiffs will no longer have the ability to seek unlimited compensatory…more

Compensatory Damages, Discrimination, Employer Liability Issues

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Legal Alert: Minnesota Court Upholds Principle That Married Employees May Lawfully Sleep With The Enemy

Your friends may refuse to hang out with you because of your spouse, but in Minnesota, your employer generally cannot…more

Hiring & Firing, Marriage, Protected Class

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Don’t matter if you’re black or white

Somewhere between outrage, bewilderment, and comedy falls the news that a U.K. production company has cast very very very white actor Joseph Fiennes as Michael Jackson in Elizabeth, Michael and Marlon, a short film about a…more

Age Discrimination Act, Hiring & Firing, Movies, Race Discrimination

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3 Things Small Business Owners Don't Include in Their Year-End Planning, But Should

When it comes to year-end planning, what's the one thing most small business owners don't do but should? That's the question we put to attorneys writing on JD Supra, knowing that the diversity of insights would make for…more

Buy-Sell Agreements, Employee Benefits, Legal Perspectives, Small Business, Year-End Compliance Checklist

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Labor Department Unveils Final "Persuader Rule"

On March 23, 2016, 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 arrangement to persuade…more

Disclosure Requirements, DOL, LMRDA, Persuader Rules, Unions

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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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Fifth Circuit Decision May Endanger Many Texas Arbitration Agreements

The Fifth Circuit has issued a decision which may affect Texas employers who utilize employment arbitration agreements. In Nelson v. Watch House Int'l, L.L.C., No. 15-10531 (5th Cir. Mar. 2, 2016), the court found an employment…more

Arbitration, Arbitration Agreements, Class Action Arbitration Waivers, Employer Liability Issues

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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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Failure to Promote Employee on Maternity Leave Results in Litigation

When the Pregnancy Discrimination Act (PDA) was enacted in 1978, employers were clearly put on notice that they are forbidden from discriminating on the basis of pregnancy. Unfortunately, charges of pregnancy discrimination are…more

Compensatory Damages, Demotions, Deutsche Bank, Discrimination, EEOC

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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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The Dawn of "Micro-Unions": A Scary Proposition for Employers

Unions can be difficult enough to manage, even for experienced employers. Imagine taking your workforce of 100 employees and dividing them up into 10 different collective bargaining units… represented by 10 different unions……more

Bargaining Units, Employee Rights, Employer Liability Issues, NLRA, NLRB

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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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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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The show must go on: helping employees in crisis

ORLANDO — The 70th annual Tony Awards were held on Sunday night to recognize achievements in Broadway productions over the past year.  The excitement and enthusiasm of the occasion were dampened, however, as many presenters and…more

ADA, Crisis Management, FMLA, Mass Shootings, Terrorist Acts

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Restaurant Industry Alert: Wage Board Proposal - Fast Food Workers' Minimum Wage May Rise to $15 in New York City by 2018

On July 22, 2015, the New York State Department of Labor's (NYSDOL) Wage Board voted to recommend a 171 percent increase in the minimum wage for fast food workers in New York City (NYC), from the current hourly rate of $8.75 to…more

Attorney Generals, Compliance, DOL, Fast-Food Industry, Minimum Wage

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Legal Alert: Supreme Court Lends Support To Strategy For Curtailing Wage And Hour Collective Actions

On April 16, 2013, the Supreme Court issued a decision that makes it easier for employers to limit the scope of wage and hour "collective actions." In Genesis Healthcare Corp. v. Symczyk (Apr. 16, 2013), the Court held that an…more

Class Certification, Collective Actions, FLSA, Genesis HealthCare, Genesis Healthcare Corp. v. Symczyk

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NLRB Strikes Down Work Rule Prohibiting Off-Duty Employee Access To Company Property

Executive Summary: On May 1, 2014, the National Labor Relations Board (NLRB) issued an order finding that Piedmont Gardens, a retirement community, violated § 8(a)(1) of the National Labor Relations Act (NLRA) when it…more

Accessibility Rules, Employment Policies, NLRA, NLRB, Section 7

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SCOTUS Fair Credit Reporting Act Background Check Standing Case Remanded to Lower Court

On May 16, 2016, in a 6-2 decision, the U.S. Supreme Court remanded the closely watched Spokeo Inc. v. Robins case back to the Ninth Circuit for further analysis. The issue is whether the plaintiff, Robins, has standing to sue…more

Article III, Background Checks, Class Action, Employee Liability Information, FCRA

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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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The UK Continues to Take Aim at the Gender Pay Gap

More than 35 years after the United Kingdom's Equal Pay Act was introduced, recently released statistics show a 19.2 percent gap in average full time salaries between men and women. Recently, Shared Parental Leave was…more

Corporate Counsel, Equal Pay, Equal Pay Act, Gender Discrimination, Gender-Based Pay Discrimination

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Reminder - The Race Is On to File H-1B Work Visas on April 1, 2016

We are releasing this Alert to remind employers of the fast approaching April 1, 2016, deadline for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for long-term work authorization in the U.S…more

Deadlines, Foreign Workers, H-1B, USCIS, Work Visas

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Supreme Court Upholds DOL's Rulemaking Procedure in Reclassifying Mortgage Loan Officers

On March 9, 2015 the U.S. Supreme Court held that a federal agency is not required to engage in notice-and-comment rulemaking when it issues an interpretation of a regulation that is significantly different from its prior…more

Administrative Procedure Act, FLSA, Mortgage Loan Officer, Notice and Comment, Paralyzed Veterans Doctrine

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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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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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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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Reminder - The Race Is On to File H-1B Work Visas on April 1, 2016

We are releasing this Alert to remind employers of the fast approaching April 1, 2016, deadline for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for long-term work authorization in the U.S…more

Deadlines, Foreign Workers, H-1B, USCIS, Work Visas

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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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Legal Alert: Undocumented Workers Who Are "Off The Clock" Or "Off The Books" Are Still Subject To The FLSA

In Lucas v. Jerusalem Café, the United States Court of Appeals for the Eighth Circuit held that undocumented workers are entitled to recover for unpaid overtime and minimum wage violations under the federal Fair Labor Standards…more

Employee Rights, Employer Liability Issues, FLSA, Minimum Wage, Undocumented Immigrants

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The DOL's Proposed Amendments Increase the Salary Threshold for the FLSA's White Collar Exemptions - Dramatically Expanding the Number of Employees Eligible for Overtime

Executive Summary: Yesterday, in a 295-page report, the U.S. Department of Labor ("DOL") issued its long-awaited proposed amendments to the Fair Labor Standards Act's ("FLSA") "white collar" exemption tests for executive,…more

DOL, FLSA, Non-Exempt Employees, NPRM, Wage and Hour

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New Federal Law Governs Trade Secrets

President Obama has signed the Defend Trade Secrets Law of 2016 into law, effective May 11, 2016. As discussed in detail in our April 28, 2016 Legal Alert, the law provides a new, uniform federal civil remedy to trade secret…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Economic Espionage Act, Ex Parte, Intellectual Property Protection

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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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What California Employers Need to Know About the New CFRA Regulations Effective July 1, 2015

On July 1, 2015, the Fair Employment and Housing Council's (FEHC) new regulations interpreting the California Family Rights Act (CFRA) went into effect. The regulations were intended to clarify the previous regulations and align…more

California Family Rights Act (CFRA), Covered Employee, FMLA, Paid Leave, Wage and Hour

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DOL's Final Rule Expands Overtime Eligibility for Millions of Workers

Yesterday, the U.S. Department of Labor (DOL) will publish its long-awaited Final Rule amending the "white collar" exemption tests for executive, administrative, and professional employees (located in 29 CFR Part 541) under the…more

DOL, Exempt-Employees, Final Rules, FLSA, Minimum Salary

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Internal Revenue Code Section 162(m) Compliance Alert

As we start the New Year, publicly traded corporations should begin reviewing their compensation plans/arrangements to ensure that compensation that is intended to qualify as performance-based compensation satisfies the…more

Compensation Committee, Executive Compensation, Internal Revenue Code (IRC), IRS, Performance Incentives

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New York Enacts Paid Family Leave Law and Increases Minimum Wage Rate

On March 31, 2016, New York State lawmakers finalized a budget deal that included: (1) a bill mandating paid family leave for most employees (the "Paid Family Leave Law") and (2) a statewide incremental increase to a $15 per…more

FMLA, Minimum Wage, New Legislation, Paid Family Leave Law, Paid Leave

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Learning from Orlando: addressing potentially violent employees

In the nine days since Omar Mateen opened fire in the Pulse nightclub, killing 49 individuals and injuring several others, a report surfaced that Mateen’s violent nature and potential to do harm to others was readily apparent…more

Crisis Management, Disability Discrimination, Employer Liability Issues, Mass Shootings, Mental Illness

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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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Fourth Circuit Backs NLRB on Supervisor Status

The Fourth Circuit recently upheld a finding of the National Labor Relations Board (NLRB) that four employees were not supervisors, even though each employee oversaw the daily work of between 22 and 40 workers. The Fourth…more

Bargaining Units, Corporate Counsel, NLRA, NLRB, Supervisors

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More Businesses Face Lawsuits Challenging Website Accessibility

Despite the recent explosion of lawsuits challenging the accessibility of websites under Title III of the Americans with Disabilities Act (ADA), the Department of Justice (DOJ) has announced that it will not publish proposed…more

ADA, Advanced Notice of Proposed Rulemaking (ANPRM), Class Action, DOJ, Internet

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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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VEVRAA Hiring Benchmark for 2016 is 6.9 Percent

The Office of Federal Contract Compliance Programs (OFCCP) has announced that the 2016 Annual Section 4212 (VEVRAA) hiring benchmark for 2016 is 6.9 percent. The benchmark is based on data issued by the Bureau of Labor…more

Affirmative Action, Benchmarks, Federal Contractors, Hiring & Firing, OFCCP

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Ninth Circuit Approves DOL Rule that Restricts Tip Pooling

Section 203(m) of the Fair Labor Standards Act (FLSA) allows employers of tipped employees to take a tip credit against the employer's minimum wage obligation if: (a) notice of the tip credit is provided, and (b) tipped…more

DOL, FLSA, Minimum Wage, Resorts & Restaurants, Tip Credit

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Form M-1 Filings Due March 1, 2016 for MEWAs

Multiple Employer Welfare Arrangements (MEWAs) must file a Form M-1 annually and shortly after inception. The annual Form M-1 filing deadline for the 2015 calendar year is March 1, 2016…more

Employee Benefits, Filing Deadlines, Form M-1, MEWAs

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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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"Brexit": What American Employers Need to Know

Following the United Kingdom's stunning decision last week to leave the European Union, many US employers with employees in the UK find themselves wondering: What happens now? To be sure, "Brexit" was a monumental and…more

EEA, Employee Relocations, EU, Member State, Referendums

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Tennessee Legislative Update

Governor Haslam recently signed several bills into law that will impact Tennessee employees and employers in both the public and private sectors. Employers may wish to reassess certain policies and practices in light of these…more

Attorney's Fees, E-Verify, Hiring & Firing, New Legislation, Public Employees

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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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Employers Should Evaluate Safety Incentive Programs and Drug Testing Policies in Light of New OSHA Rule

The Occupational Safety and Health Administration (OSHA) recently published a final rule revising its recordkeeping and reporting regulation to specifically state that employer policies for reporting workplace injuries and…more

Anti-Retaliation Provisions, Drug Testing, Electronic Filing, Employer Liability Issues, Employer Mandates

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Multiemployer Pension Plans Reduced Interest Rate Assumptions Dramatically Increase Withdrawal Liability

Many multiemployer pension plans are struggling financially today, and, according to the PBGC, about 10 percent of the 1,400 plans are expected to become insolvent within the next 10-15 years. These looming insolvencies were in…more

Employee Benefits, Interest Rate Adjustments, Multi-Employer Pensions, PBGC, Withdrawal Liability

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Managing Retail Employer Risk and the Janitorial Services Contractor-Subcontractor Relationship

Discount retailer Ross Stores, Inc.'s ("Ross") recent proposed settlement of a California labor law class action filed by immigrant and low wage subcontractors related to janitorial services performed in its Ross Dress for Less…more

Class Action, Contractors, Employer Liability Issues, Janitorial Services, PAGA

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Legal Alert: Sequestration Arrives With Federal Contractors Still Facing WARN Act Uncertainties

March 1 has arrived without a budget compromise in Washington, DC. Barring a last minute deal before midnight tonight, across-the-board federal budget cuts are expected to go into effect. For employers, this will bring with it…more

Contractors, Layoffs, Notice Requirements, Sequestration, WARN Act

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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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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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California Supreme Court Tells Both Sides to Sit Down

The California Supreme Court's recent decision in Kilby v. CVS Pharmacy/Henderson v. JPMorgan Chase has clarified the state's standards concerning when employers must provide suitable seating to their employees. While the…more

CA Supreme Court, CVS, Employer Liability Issues, JPMorgan Chase, PAGA

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New York Court Refuses to Enforce Agreement's Covenant Not to Compete Where Employer Breached the Agreement First

The right to enforce a covenant not to compete may be lost when the employer first violates the terms of the same agreement, says a New York appeals court. In Fewer v. GFI Grp. Inc. et al., 124 A.D.3d 457, 2015 WL 176227 (First…more

Adverse Employment Action, Breach of Contract, Corporate Counsel, Employer Liability Issues, Employment Contract

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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

See All Updates »

New York Enacts Paid Family Leave Law and Increases Minimum Wage Rate

On March 31, 2016, New York State lawmakers finalized a budget deal that included: (1) a bill mandating paid family leave for most employees (the "Paid Family Leave Law") and (2) a statewide incremental increase to a $15 per…more

FMLA, Minimum Wage, New Legislation, Paid Family Leave Law, Paid Leave

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Home Care Professionals Series Part 1 – NYS Domestic Workers' Bill of Rights

As most home care agencies know, the United States Department of Labor ("USDOL") eliminated the companionship exemption for home care agency workers on October 13, 2015 in its Final Rule on the Application of the FLSA to…more

DOL, Domestic Workers, ESTA, Home Healthcare Workers, Paid Leave

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Contact

271 17th Street NW, Suite 1900
Atlanta, GA 30363, United States

  • 404-888-3800

Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Class Action
  • Immigration Law
  • Labor & Employment Law
  • Litigation
Locations
Other U.S. Locations
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Number of Attorneys

100+ Attorneys

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