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In response to our June 6, 2013 Restaurant Industry Newsletter, we received several questions about whether California's human trafficking statute applies to all restaurants and drinking establishments…more
General Public Licenses, Human Trafficking, Notice Requirements, Restaurant Industry, Wine & Alcohol
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After a lengthy delay and extensive comment period, U.S. Citizenship and Immigration Services (USCIS) released today a revised Form I-9 (Rev. 03/08/13 N). Employers may download the new form by visiting the USCIS web site at: …more
Eligibility, Hiring & Firing, I-9, USCIS
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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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The Eighth Circuit recently upheld the validity of a mandatory arbitration agreement containing a class action waiver and ordered the arbitration of an employee's collective action under the Fair Labor Standards Act. See Owen…more
AT&T Mobility, Class Action Arbitration Waivers, D.R. Horton, EEOC, Federal Arbitration Act
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The Office of Federal Contract Compliance Programs ("OFCCP") has jurisdiction over three hospitals that provided medical services to federal employees who were members of an HMO, according to Judge Paul L. Friedman of the United…more
Employer Group Health Plans, Federal Employees, Healthcare, HMOs, OFCCP
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One of the changes made by the American Taxpayer Relief Act ("ATRA") was to restore the $240 monthly limit on employer-provided transit passes or commuting transportation, which had reverted to $125 as of January 1, 2012. The…more
American Taxpayer Relief Act, Employee Benefits, FICA Taxes, Income Taxes, Payroll Taxes
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The well-publicized citywide fast food walkout in New York City on April 4, followed by another in Chicago on April 24, appear to be just the beginning of efforts to pressure fast food restaurants into paying higher wages…more
Fast-Food Industry, Hospitality Industry, Strike, Unions, Wage and Hour
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In This Issue:
- NMB Announces Voting Procedures Changes
- Second Circuit Weighs In On AIR21 Burden-Shifting Framework
- DOL Issues Final FMLA Crewmember Regulations
..Flight Crew Eligibility Standards
…more
Airlines, Burden-Shifting, Contractors, Discrimination, DOL
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The Department of Labor ("DOL") recently released a series of final rules affecting health benefits provided through multiple employer welfare arrangements ("MEWAs"). Notably, the 2012 Form M-1 filing deadline has been extended…more
Affordable Care Act, Collective Bargaining, Deadlines, DOL, ERISA
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The Office of Federal Contract Compliance Programs (OFCCP) has issued an announcement both reassuring covered contractors that seeking compliance assistance will not trigger a compliance review but also noting that seeking such…more
Anti-Retaliation Provisions, Compliance, Contractors, OFCCP, Retaliation
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The Sixth Circuit has reversed the decision of a lower court and held that a deaf individual should be permitted to proceed to trial on his claim that a prospective employer discriminated against him on the basis of disability…more
ADA, Appeals, Disability, Discrimination, Genuine Issue of Material Fact
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After a lengthy delay and extensive comment period, U.S. Citizenship and Immigration Services (USCIS) released today a revised Form I-9 (Rev. 03/08/13 N). Employers may download the new form by visiting the USCIS web site at: …more
Eligibility, Hiring & Firing, I-9, USCIS
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The Affordable Care Act added section 18B to the Fair Labor Standards Act (FLSA), which requires certain employers to send out notices to employees regarding the availability of the state-based Health Insurance Exchanges…more
Affordable Care Act, FLSA, Health Insurance Exchanges, Notice Requirements
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Everyone remembers their first summer job in high school. It was not only your first taste of what it meant to work for a living, but also your first taste of having some extra spending money for the weekend…more
Child Labor, Hiring & Firing, Minors, Restaurant Industry
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On March 14, 2013, Tennessee governor Bill Haslam signed into law the "Tennessee Safe Commute Act." The new law, which takes effect July 1, 2013, will allow handgun carry permit holders to store firearms and ammunition in their…more
Concealed Carry Permit, Firearms, Guns-in-Trunks Legislation
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Series Litigation Value: various harassment, discrimination, and bizarre workers’ compensation matters = astronomical; future employment matters due to Dwight taking over as Regional Manager = enough to keep Dunder Mifflin’s…more
Discrimination, Human Resources Professionals, Sexual Harassment, Workplace Romances
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Litigation Value: Possible workers’ comp claim for Dwight for injuries sustained in trying to cross a “flaccid cord”; groundwork established for a breach of contract suit by Nellie if Andy follows through on his intent to fire…more
Breach of Contract, Employer Liability Issues, Hiring & Firing, Termination, Workplace Hazards
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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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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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Litigation Value: Bless your heart if you’re still keeping track at this point.
This blog has always focused on bad behavior. We tease out employment law issues by writing about the characters who do things in the…more
Workplace Hazards
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The Department of Labor ("DOL") recently released a series of final rules affecting health benefits provided through multiple employer welfare arrangements ("MEWAs"). Notably, the 2012 Form M-1 filing deadline has been extended…more
Affordable Care Act, Collective Bargaining, Deadlines, DOL, ERISA
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See All Updates »
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In a case that will significantly strengthen labor's hand regarding picketing activities in the state, the California Supreme Court reversed a Court of Appeals decision that had declared unconstitutional two state laws…more
Equal Protection, Free Speech, Grocery Stores, Labor Disputes, Moscone Act
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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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According to a new California Supreme Court opinion, once an employee claiming discrimination demonstrates that a discriminatory reason for his or her termination substantially motivated an adverse employment decision, the…more
Adverse Employment Action, Discrimination, Hiring & Firing, Injunctions, Mixed Motive Cases
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New Jersey legislators have proposed making a variety of post-employment restrictive covenants unenforceable where the employee is eligible for unemployment benefits. Many high-level sales employees and employees with…more
Confidential Information, Enforcement, Restrictive Covenants, Trade Secrets, Unemployment Benefits
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After a lengthy delay and extensive comment period, U.S. Citizenship and Immigration Services (USCIS) released today a revised Form I-9 (Rev. 03/08/13 N). Employers may download the new form by visiting the USCIS web site at: …more
Eligibility, Hiring & Firing, I-9, USCIS
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See All Updates »
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New Jersey legislators have proposed making a variety of post-employment restrictive covenants unenforceable where the employee is eligible for unemployment benefits. Many high-level sales employees and employees with…more
Confidential Information, Enforcement, Restrictive Covenants, Trade Secrets, Unemployment Benefits
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On May 28, 2013, Tennessee Attorney General Bob Cooper released an Opinion addressing the question of whether Tennessee's Safe Commute Act "prohibits an employer from terminating an at-will employee who brings a firearm or…more
At-Will Employment, Compliance, Employer No-Weapons Policies, Firearms, Gun Laws
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A number of well-known restaurant chains have been hit with lawsuits over the last few years alleging that their exempt managers or assistant managers were indeed non-exempt and therefore should have been paid overtime. These…more
Collective Actions, Employer Liability Issues, Exemptions, FLSA, Restaurant Industry
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As more fully explained in our previous Legal Alert, DOL Issues Final Rule Implementing Statutory Amendments to the FMLA, http://www.fordharrison.com/9011, the U.S. Department of Labor (DOL) recently issued new Family and…more
DOL, Flight Crews, FMLA, Military Leave, Posting Requirements
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The Office of Federal Contract Compliance Programs (OFCCP) recently issued a new round of Corporate Scheduling Announcement Letters (CSALs), which notify an establishment that it has been selected to undergo a compliance review…more
Compliance, Contractors, CSALs, Hiring & Firing, OFCCP
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The Affordable Care Act added section 18B to the Fair Labor Standards Act (FLSA), which requires certain employers to send out notices to employees regarding the availability of the state-based Health Insurance Exchanges…more
Affordable Care Act, FLSA, Health Insurance Exchanges, Notice Requirements
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Beginning January 1, 2013, employers must use the revised forms issued by the Consumer Financial Protection Bureau (CFPB) in November 2012 to conduct background checks under the Fair Credit Reporting Act (FCRA)…more
CFPB, Credit Reporting Agencies, Credit Reports, FCRA, Notice Requirements
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Litigation Value: Aside from a potential workers’ compensation claim for Toby, from having a paper airplane thrown directly into his eye, Dunder Mifflin is getting off light this week…more
Business Development, Company Culture
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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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In This Issue:
- NMB Announces Voting Procedures Changes
- Second Circuit Weighs In On AIR21 Burden-Shifting Framework
- DOL Issues Final FMLA Crewmember Regulations
..Flight Crew Eligibility Standards
…more
Airlines, Burden-Shifting, Contractors, Discrimination, DOL
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See All Updates »
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