Littler

What Does North Carolina's New Public Facilities Law Mean for Employers?

Approximately one week before changes to Charlotte’s non-discrimination ordinances were to take effect, the State of North Carolina enacted a law that not only invalidates the amendments, but also has broader implications for…more

Corporate Counsel, Discrimination, Employee Restrooms, Employment Discrimination, Employment Policies

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The Explosion of Paid Sick Leave In New Jersey

The trend of municipalities in New Jersey enacting paid sick leave ordinances continues.  Littler previously reported on the enactment of two such laws in Jersey City (effective January 24, 2014) and Newark (effective May 29,…more

Employer Mandates, New Legislation, Paid Leave, Sick Leave

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Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely…more

ADA, Annual Reports, Class Action, Corporate Counsel, EEOC

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Puerto Rico Governor Signs Law Allowing Employees to Use Accrued Paid Sick Leave to Care for Qualified Family Members

Governor Alejandro García Padilla recently signed Law No. 251 (House Bill 695), a measure that provides caregiver leave under Puerto Rico law. This law, which is effective immediately, amends the Puerto Rico Minimum Wage,…more

Employee Benefits, FMLA, New Legislation, Non-Exempt Employees, Puerto Rico

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Gubernatorial Writer's Cramp: 2014 California Employment Legislation Affecting Private Sector Employers

Does his hand hurt? Between signing and vetoing bills this year, California Governor Jerry Brown exercised his executive signature on the highest number of bills sent to a California governor since 2008. The California…more

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The Affordable Care Act and Staffing: One Size Does Not Fit All

Since its enactment in 2010, the Affordable Care Act (ACA) has generated debate and questions about the law's impact on third-party staffing arrangements. With the effective date of the ACA's "pay-or-play" employer mandate just…more

Affordable Care Act, Employee Definition, Employer Mandates, Full-Time Employees, Independent Contractors

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California District Court Re-Certifies Chinese Daily News Wage and Hour Class Action After Second Trip To Ninth Circuit

On April 15, 2014, in Wang v. Chinese Daily News, Inc., a California federal district court re-certified a Rule 23(b)(3) California state law wage and hour action involving a class of 200 non-exempt employees who alleged their…more

Class Action, Class Certification, Rule 23, Wage and Hour

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Final Regulations Clarify and Expand Portland Sick Leave Law Requirements

Beginning January 1, 2014, private-sector employers doing business in Portland that have six or more employees will be required to provide employees with a minimum of one hour of paid sick leave for every 30 hours of work…more

Accrued Benefits, Discrimination, Employee Rights, Notice Requirements, Sick Leave

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Whistleblowing in Tennessee: Does It Matter Who Hears the Whistle?

A whistleblower claims he was fired because he complained about wrongful conduct, and sues for retaliation. For the claim to survive, does it matter who hears the whistleblower's whistle? The Tennessee Supreme Court has…more

Adverse Employment Action, Internal Reporting, Reporting Requirements, Retaliation, TN Supreme Court

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New Jersey Employers Face New Pregnancy Accommodation Requirements

On January 21, 2014, New Jersey Governor Chris Christie signed the Pregnant Worker’s Fairness Act (PWFA) after nearly unanimous support in the State Assembly and Senate. The PWFA, which took effect immediately, applies to all…more

Employee Rights, Pregnancy, Pregnancy Discrimination, Reasonable Accommodation

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Same-Sex Marriages and Benefit Plans After Windsor

On June 26, 2013, the Supreme Court issued its long-awaited decision in Windsor v. United States, No. 12-307. The Court ruled (in a 5-4 decision) that the section of the Defense of Marriage Act (DOMA) that required federal laws…more

401k, Civil Unions, Divorce, DOMA, Domestic Partnership

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Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely…more

ADA, Annual Reports, Class Action, Corporate Counsel, EEOC

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Sixth Circuit Refuses to Apply Stricter FLSA Collective Action Certification Standard

In concluding that the proper standard for certifying Fair Labor Standards Act (FLSA) collective actions is whether the plaintiffs are "similarly situated," the U.S. Court of Appeals for the Sixth Circuit ruled on March 2, 2016,…more

Class Action, Class Certification, Collective Actions, Corporate Counsel, FLSA

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Blacklisting Proposed Rule and DOL Guidance Could Have Serious Repercussions for Those Doing Business with the Federal Government

On May 28, 2015, the Federal Acquisition Regulatory (FAR) Council published in the Federal Register its highly anticipated Notice of Proposed Rulemaking (NPRM) regarding the so-called "blacklisting" procedures ordered by…more

Barack Obama, Blacklist, Comment Period, Corporate Counsel, DOL

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Voters Approve Paid Sick Leave Changes in San Diego and San Francisco

After enduring years of drought, California employers find themselves in a phenomenon of equal concern: a cruel summer. In the span of one month, two new local paid sick leave laws were signed and amendments to two existing…more

Local Ordinance, Minimum Wage, Notice Requirements, Paid Leave, Popular

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Four States Expanded Employer Data Breach Notification Obligations in 2016

With over 680 security breaches reported so far in 2016, more employers are being forced to confront the issue of how to respond to a breach. All states except Alabama, North Dakota and New Mexico now require notification when…more

Breach Notification Rule, Cyber Attacks, Cybersecurity, Data Breach, Employer Liability Issues

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The Wave of Website and Other ADA Accessibility Claims – What You Should Know

Title III of the Americans with Disabilities Act (ADA), providing for equal access for persons with disabilities in places of public accommodation, has made the country far more accessible. Yet, given its highly technical (and…more

ADA, DOJ, Public Accommodation, Public Entities, Title II

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The California Grizzly Elbows Uncle Sam: New California Immigration Requirements For Private Sector Employers

Partly in response to the inaction in Washington on immigration reform, the California Legislature, in the annual session concluded in mid-September, passed several bills which were signed by Governor Brown that either create or…more

Discrimination, Employer Liability Issues, I-9, Immigrants, Immigration Reform

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Social Gatherings and Social Media this Holiday Season – What's Not to "Like"?

According to a survey by the Society for Human Resource Management, almost 90% of employers throw a holiday party. Taking into account holiday parties hosted by employees for co-workers, there is a very good chance your…more

Communications Decency Act, Employer Liability Issues, Holiday Parties, NLRA, Popular

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México: Reforma a la Ley del INFONAVIT Establece Nuevas Obligaciones en la Subcontratación

El pasado 04 de junio de 2015, se reformó la Ley del Instituto del Fondo Nacional de la Vivienda para los Trabajadores (“Ley del INFONAVIT”) para adicionar el artículo 29 Bis como un requisito adicional en la práctica de…more

Hiring & Firing, Mexico, Outsourcing

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Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely…more

ADA, Annual Reports, Class Action, Corporate Counsel, EEOC

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California Court Rules Teacher Tenure Statutes Unconstitutional

On June 10, 2014, the trial court judge in Vergara v. State of California issued a decision striking down as unconstitutional five provisions of the California Education Code regarding public school teacher tenure procedures…more

Department of Education, Hiring & Firing, Public Schools, Seniority, Teachers

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Private Sector Employers in the District of Columbia Will Soon Be Required to Comply with a New Law Restricting Their Ability to Rely on Criminal Records for Employment Purposes

On August 22, 2014, the District of Columbia Mayor signed a new law restricting most employers that operate in the District of Columbia in their ability to rely on criminal history information, including criminal background…more

Background Checks, Criminal Background Checks, Employer Liability Issues, Hiring & Firing, Job Applicants

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Michigan's New "Internet Privacy Protection Act" Sets Limitations for Employers and Employees

On December 28, 2012, Michigan joined California,1 Illinois,2 and Maryland3 in enacting a social media password protection law when Governor Rick Snyder signed the "Internet Privacy Protection Act" (IPPA or the "Act"). In an…more

Cybersecurity, Electronic Communications, Internet Privacy Protection Acts, Passwords, Social Media

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The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation - February 2014

In This Report: - Explanation And Scope Of This Preliminary Littler Report - Introduction - Workplace LAW Challenges And Solutions - A. Human Displacement - B. Union And Non-Union Labor…more

Anti-Discrimination Policies, Business Torts, Discovery, Healthcare, Internet of Things

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Retaliation and Whistleblower Claims by In-House Counsel

In This Issue: - Whistleblower protections and in-House Counsel - Sarbanes-oxley - The Dodd-Frank Act - The False Claims Act - Common Law Wrongful Discharge Claims - The Ethical…more

After-Acquired Evidence, Attorney-Client Privilege, Confidentiality Agreements, Conflicts of Interest, Corporate Counsel

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Missouri Appeals Court Holds Sexual Orientation Discrimination is not Prohibited by Missouri Human Rights Act

In a case of first impression at the appellate level, the Missouri Court of Appeals for the Western District of Missouri has held that the Missouri Human Rights Act (“MHRA”) does not prohibit discrimination based on sexual…more

Employment Discrimination, Hiring & Firing, Hostile Environment, PricewaterhouseCoopers, SCOTUS

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San Francisco Amends Paid Parental Leave Law to Adapt to State Law Changes and to Clarify Requirements

On September 14, 2016, San Francisco amended its Paid Parental Leave Ordinance (PPLO).  The law will go into effect on January 1, 2017 for employers with 50 or more employees.  The law requires private employers to provide…more

Anti-Retaliation Provisions, Corporate Counsel, Local Ordinance, Notice Requirements, Paid Leave

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Taking a Closer Look at the New Federal Contractor "Blacklisting" Obligations

On August 25, 2016, the Federal Acquisition Regulatory (FAR) Council published in the Federal Register its highly anticipated Final Rule regarding the so-called "blacklisting" procedures for federal contractors President Obama…more

ADA, ADEA, Agricultural Workers, Arbitration, Arbitration Awards

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Reducing Redundancy: Colorado Repeals its State-Specific Employment Verification Requirement

Effective August 10, 2016, Colorado has eliminated the requirement that employers collect and retain state employment verification forms for each new hire. The Colorado General Assembly concluded that the state collection…more

Employer Liability Issues, Hiring & Firing, I-9, Record Retention, Required Forms

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Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely…more

ADA, Annual Reports, Class Action, Corporate Counsel, EEOC

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West Virginia DOL Withdraws Proposed Emergency Wage and Hour Regulations

In welcome news for employers, the West Virginia Department of Labor (WVDOL) has withdrawn a set of emergency regulations that would have significantly revamped state wage and hour requirements and created conflicts with federal…more

Conflicts of Laws, DOL, Employer Liability Issues, FLSA, Minimum Wage

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High Court Again Finds a California Court Failed to Place Arbitration Agreements on Equal Footing With Other Contracts

On December 14, 2015, in DirecTV, Inc. v. Imburgia, the U.S. Supreme Court reversed a California State Court of Appeal decision that had invalidated an arbitration provision based on language from the agreement rendering the…more

Arbitration Agreements, Class Action Arbitration Waivers, DirectTV, DirecTV v Imburgia, Federal Arbitration Act

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West Virginia Employment Update: The Mountain State is Becoming Much More Attractive to Employers

For the past several decades, West Virginia has not fared particularly well when employers were faced with tough decisions regarding whether to close or open new facilities in the state.  One of the factors that undoubtedly…more

Arbitration, Arbitration Agreements, Business Development, DOL, Government Contractors

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European Court of Justice Expands the Definition of Working Time

The European Court of Justice ("ECJ") recently issued a decision regarding the paid working time of certain mobile employees that will have a significant impact on companies with employees in the European Union. The ECJ's…more

Employees, EU, European Court of Justice (ECJ), Tyco, Wage and Hour

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Federal Judge Holds FAAAA Preempts a Critical Portion of the Massachusetts Independent Contractor Law

On July 8, 2015, a federal district court judge held that a section of the Massachusetts Independent Contractor law, as applied to same-day delivery services, is preempted by the Federal Aviation Administration Authorization Act…more

Aviation Industry, Delivery Drivers, FAAAA, Hiring & Firing, Independent Contractors

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The Sixth Circuit Extends the NLRA's Reach to Tribal-Owned Casinos

The extent of the National Labor Relations Act's application to tribal-owned and operated enterprises on reservations is an open question in many circuits. Recently, two Sixth Circuit decisions resolved the question in favor of…more

ADEA, Casinos, ERISA, Jurisdiction, NLRA

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Puerto Rico Qualified Retirement Plans: Treasury Eliminates Form 480.70(OE) Filing Requirement for Plan Years Beginning on January 1, 2015, Establishing New Filing Requirements and Deadlines

On March 11, 2016, the Puerto Rico Department of the Treasury (“PR Treasury”) issued Administrative Determination No. 16-05 (“AD 16-05”), eliminating the requirement to file PR Treasury Form 480.70(OE) for retirement plans whose…more

Filing Deadlines, Filing Requirements, Income Taxes, IRS, Puerto Rico

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U.S. Department of Labor Publishes Final Rule on FLSA Overtime Regulations

On May 18, 2016, the U.S. Department of Labor published its Final Rule updating the Fair Labor Standards Act (“FLSA”) overtime regulations regarding the executive, administrative and professional exemptions (the “FLSA White…more

DOL, Final Rules, FLSA, Minimum Salary, Over-Time

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Nevada Supreme Court Rules that Overly Broad Non-Compete Agreements are Wholly Unenforceable

In July 2016, the Nevada Supreme Court held that when a non-compete agreement extends beyond what is necessary to protect the employer’s interest, the agreement is wholly unenforceable and courts may not modify or “blue pencil”…more

Blue Pencil Contract Modification, Casinos, Corporate Counsel, Employment Contract, Hiring & Firing

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City of Los Angeles Doubles Employee’s Sick Leave Entitlement Effective July 1, 2016

Like its neighbor Santa Monica and other major California cities including San Francisco and Oakland, the City of Los Angeles approved its own sick leave entitlement ordinance on June 2, 2016. The Los Angeles Ordinance…more

City of Los Angeles, Corporate Counsel, Local Ordinance, Paid Leave, Policies and Procedures

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Pennsylvania's Medical Marijuana Act Leaves Employers' Ability to Enforce Strict Drug-Free Workplace Policies Hazy

On April 17, 2016, Pennsylvania Governor Tom Wolf signed legislation authorizing the use of medical marijuana (the Medical Marijuana Act or MMA) in Pennsylvania. The new law – effective May 17, 2016 – allows patients suffering…more

ADA, Controlled Substances, Controlled Substances Act, Decriminalization of Marijuana, Employer Liability Issues

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West Virginia DOL Withdraws Proposed Emergency Wage and Hour Regulations

In welcome news for employers, the West Virginia Department of Labor (WVDOL) has withdrawn a set of emergency regulations that would have significantly revamped state wage and hour requirements and created conflicts with federal…more

Conflicts of Laws, DOL, Employer Liability Issues, FLSA, Minimum Wage

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Wading through the Changing Tide of Paid Sick Leave Laws in Washington State

2016 may be the most dynamic year yet for paid sick leave developments in Washington State. Two months into the new year we have already seen significant changes to the Seattle sick and safe time law, a new paid leave ordinance…more

Corporate Counsel, Employee Benefits, Federal Contractors, Posting Requirements, PTO

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Labor & Employment Issues Facing the Healthcare Industry

Public discourse on "healthcare" has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical…more

Antitrust Provisions, Ban the Box, Corporate Restructuring, Discrimination, False Claims Act (FCA)

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Connecticut Authorizes Use of Payroll Cards to Pay Employees

On June 7, 2016, Connecticut Governor Dannel P. Malloy signed into law a new statute authorizing employers to use payroll cards to pay employees. Previously, the Connecticut Department of Labor's position was such cards were not…more

ATMs, Corporate Counsel, Debit Cards, New Legislation, Notice Requirements

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San Francisco Ordinance Imposes New Burdens on 'Formula' Retail Employers

In addition to federal and state laws, San Francisco currently has ten labor and employment laws that apply only to employees working within the City. On December 5, 2014, the eleventh San Francisco-specific employment law was…more

Employee Rights, Local Ordinance, Retailers, San Francisco, Wage and Hour

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NLRB Expands Jurisdiction in Church-Operated Schools, Distinguishing Between "Religious" and "Secular" Instruction in Faculty Bargaining Unit Cases

In two recent cases, the National Labor Relations Board distinguished between faculty members providing secular instruction and those providing religious instruction, in concluding that only those providing religious instruction…more

Bargaining Units, Educational Institutions, Establishment Clause, First Amendment, Free Exercise

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Pittsburgh City Council Approves Amended Paid Sick Leave Bill

On August 3, 2015, less than one month after the introduction of the original bill, the Pittsburgh City Council passed an amended bill requiring virtually all employers within the city to provide paid sick leave. Pittsburgh is…more

Employee Benefits, PTO, Recordkeeping Requirements, Sick Leave, Wage and Hour

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Labor & Employment Issues Facing the Healthcare Industry

Public discourse on "healthcare" has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical…more

Antitrust Provisions, Ban the Box, Corporate Restructuring, Discrimination, False Claims Act (FCA)

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The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation: Employment and Labor Law Issues, Solutions, and the Legislative and Regulatory Response

The twin forces of technology and globalization are reinventing and redefining the workplace and the way work is performed. The workplace automation of the last century is rapidly being augmented and replaced by intelligent…more

ADA, ADEA, Anti-Discrimination Policies, Artificial Intelligence, Automation Systems

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Labor & Employment Issues Facing the Healthcare Industry

Public discourse on "healthcare" has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical…more

Antitrust Provisions, Ban the Box, Corporate Restructuring, Discrimination, False Claims Act (FCA)

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IRS Issues Proposed Regulations Under Code Section 457 Affecting Deferred Compensation Plans of Tax-Exempt Organizations

The Internal Revenue Service recently issued proposed regulations under Section 457 of the Internal Revenue Code (the “Code”) that prescribe rules regarding deferred compensation plans sponsored by state and local governments…more

457(b) Plans, Death Benefits, Deferred Compensation, Employee Benefits, IRS

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Rhode Island Enacts Legislation Requiring Accommodations for Pregnant Employees

On June 25, 2015, Rhode Island Governor Gina M. Raimondo signed legislation requiring Rhode Island employers to provide workplace accommodations for pregnant workers.  The new law, which went into effect immediately, obligates…more

Compliance, Employment Policies, FEPA, Leave of Absence, Pregnancy

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SEC Report Indicates Whistleblower Program Going Strong

Compliance professionals and attorneys received confirmation on Tuesday of what many have long expected: the U.S. Securities and Exchange Commission whistleblower program is steadily growing in scope and impact, and the SEC is…more

Anti-Retaliation Provisions, Compliance, Dodd-Frank, Popular, SEC

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Contrary to Union's Argument, NLRB Finds Jurisdiction Over Nonprofit Corporation Operating Charter School in Chicago

In Chicago Mathematics & Science Academy Charter School, Inc., 359 NLRB No. 41 (Dec. 14, 2012), the National Labor Relations Board ("the Board" or "NLRB") rejected the position of a teachers' union and found that it had…more

Charter Schools, NLRB, Unions

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Federal Judge Holds FAAAA Preempts a Critical Portion of the Massachusetts Independent Contractor Law

On July 8, 2015, a federal district court judge held that a section of the Massachusetts Independent Contractor law, as applied to same-day delivery services, is preempted by the Federal Aviation Administration Authorization Act…more

Aviation Industry, Delivery Drivers, FAAAA, Hiring & Firing, Independent Contractors

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Vermont Becomes the Fifth State to Pass Paid Sick Leave Legislation

On March 9, 2016, Vermont Governor Peter Shumlin signed House Bill 187 into law, making Vermont the third state in New England and the fifth state in the United States – after California, Connecticut, Massachusetts, and Oregon –…more

Collective Bargaining, Covered Employee, Employee Benefits, Hiring & Firing, New Legislation

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The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation: Employment and Labor Law Issues, Solutions, and the Legislative and Regulatory Response

The twin forces of technology and globalization are reinventing and redefining the workplace and the way work is performed. The workplace automation of the last century is rapidly being augmented and replaced by intelligent…more

ADA, ADEA, Anti-Discrimination Policies, Artificial Intelligence, Automation Systems

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Ninth Circuit Addresses When Commuting Time May Be Compensable Under California Labor Code and What Must be Included in a PAGA Notice

The U.S. Court of Appeals for the Ninth Circuit recently addressed the compensability of commute time under the California Labor Code and the content required in a Private Attorneys General Act of 2004 (PAGA) letter. The Ninth…more

Appeals, PAGA, Summary Judgment, Travel Time, Unpaid Overtime

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Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely…more

ADA, Annual Reports, Class Action, Corporate Counsel, EEOC

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Half a Loaf: Court Rejects ADA "Safe Harbor" But Approves Pre-Regulations Wellness Program as "Voluntary"

The EEOC’s attack on employee wellness programs as unlawful under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) that began in 2014 with three lawsuits, and continued with more…more

ADA, Affordable Care Act, EEOC, Employer Group Health Plans, GINA

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Costa Rica: Aumento Salarial Aprobado para el Sector Privado para el Segundo Semestre 2016

El 15 de junio del 2016, el Consejo Nacional de Salarios aprobó un aumento al salario mínimo de 0.5%, correspondiente al segundo semestre del 2016 para los empleados del sector privado, excepto para las trabajadoras domésticas…more

Domestic Workers, Minimum Wage, New Legislation, Private Sector, Wage and Hour

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Michigan Court of Appeals Rules Medical Marijuana Users Discharged for Positive Drug Tests May Still Be Eligible for Unemployment Benefits

In a published decision that may surprise employers, the Michigan Court of Appeals ruled that an employee terminated for testing positive for marijuana but who possesses a medical marijuana card is not disqualified from…more

Appeals, Drug Testing, Marijuana, Medical Marijuana, Unemployment Benefits

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San Francisco Amends Paid Parental Leave Law to Adapt to State Law Changes and to Clarify Requirements

On September 14, 2016, San Francisco amended its Paid Parental Leave Ordinance (PPLO).  The law will go into effect on January 1, 2017 for employers with 50 or more employees.  The law requires private employers to provide…more

Anti-Retaliation Provisions, Corporate Counsel, Local Ordinance, Notice Requirements, Paid Leave

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EEO-1 Reports: Time for Employers to Get in Formation

This is the time of year when employers with 100 or more employees and federal contractors with 50 or more employees must prepare and file their annual EEO-1 reports – documents that provide the government with details regarding…more

Affirmative Action, Data Collection, EEO-1, EEOC, Equal Pay

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Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely…more

ADA, Annual Reports, Class Action, Corporate Counsel, EEOC

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Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely…more

ADA, Annual Reports, Class Action, Corporate Counsel, EEOC

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California Court of Appeals Awards Attorneys' Fees to Defendant For Misappropriation of Trade Secrets Claim Brought in Bad Faith

A California appellate court recently affirmed the trial court’s ruling in Cypress Semiconductor Corporation v. Maxim Integrated Products, Inc. that the defendant (“Maxim”) was entitled to attorney’s fees under California Civil…more

Appeals, Attorney's Fees, Bad Faith, Civil Code, Dismissals

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Wisconsin Supreme Court Weighs in on the Compensability of Pre- and Post-Shift Work

The Wisconsin Supreme Court recently helped clarify the circumstances under which pre- and post-shift donning and doffing constitutes compensable work under Wisconsin’s minimum wage and overtime laws. The decision, which…more

De Minimis Claims, Doffing, Donning, Food Manufacturers, Hormel

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Philadelphia Pregnancy Accommodation Law Notice to Employees Must be Posted by April 20, 2014

On or before April 20, 2014, all employers with employees in the City of Philadelphia must post a new notice on pregnancy discrimination from the Philadelphia Commission on Human Relations. Unlike the Philadelphia 21st Century…more

Pregnancy, Pregnancy Discrimination, Reasonable Accommodation

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California Legislative Update: It's Now Up To The Governor

The California Legislature completed its substantive legislative work for the year in the very early morning hours of Thursday, September 1, 2016, with the usual frenetic, last-minute flurry of bill-passing, including some bills…more

Agricultural Land, Agricultural Workers, Apprenticeships, Arbitration, Background Checks

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Increased Minimum Wage Is on Its Way: The City of San Jose's New Minimum Wage Ordinance Takes Effect on March 11

This past November, voters in the City of San Jose, California ("City") approved their own minimum wage ordinance (MWO) – the largest city in the United States to take this action. The ordinance takes effect on Monday, March 11,…more

Business Taxes, Exemptions, Local Ordinance, Minimum Wage

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New York Employers Are Now Safe to Make Wage Deductions: NYDOL Issues Final Wage Deduction Regulations

The New York Department of Labor (NYDOL) issued final regulations, effective October 9, 2013, which explain how and when employers may make deductions for wage overpayments due to mathematical or clerical errors and for…more

DOL, Overpayment, Wage Deductions, Wages

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Annual Report On EEOC Developments: Fiscal Year 2014

In This Issue: - INTRODUCTION ..I. LOOKING BACK AT FY 2014: A REVIEW OF EEOC SUCCESSES AND FAILURES, AND SIGNIFICANT CASES AND DEVELOPMENTS TO WATCH FOR IN FY 2015 ..A. Key Statistics …more

Access To Justice, ADA, Conciliation, Discrimination, EEOC

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Mexico: It's the Law! Mexico Employers Must Implement Training Programs for Employees or Risk Steep Fines

On June 14, 2013, Mexico's Department of Labor and Social Welfare ("STPS") published final rules outlining an employer's obligation to develop and implement detailed employee training programs that will foster productivity…more

Compliance, Employee Benefits, Employee Rights, Enforcement, Labor Departments

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The Corporate Human Rights Benchmark Ranks Large Companies' Human Rights Performance

In 2011, the United Nations adopted the UN Guiding Principles on Business and Human Rights (“UN Guiding Principles”), which provide non-binding guidelines on how employers should conduct their business activities to provide…more

Benchmarks, Corporate Governance, Due Diligence, Human Rights, SASB

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Supreme Court Endorses FCA Implied False Certification Theory of Liability with Limitations

In a unanimous decision, the U.S. Supreme Court issued its highly anticipated False Claims Act (“FCA”) opinion in Universal Health Services, Inc. v. United States ex rel. Escobar. The June 16, 2016, Court decision resolves a…more

False Claims Act (FCA), False Implied Certification Theory, Federal Contractors, Health Care Providers, Implied Certification

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All in the Family: California Court Holds Employers Have to Accommodate Disability of Employee's Family Member

A California Court of Appeal for the first time has decided that an employer has a duty to reasonably accommodate an applicant or employee who is associated with a disabled person who needs the employee’s assistance. This…more

Corporate Counsel, Disability, Discrimination, Employee Rights, Employer Liability Issues

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Pennsylvania Supreme Court Changes Labor Market Survey Rules

The Pennsylvania Supreme Court recently issued a decision that may significantly change the ability of an employer to modify or suspend Pennsylvania Workers’ Compensation benefits based on a Labor Market Survey. In Phoenixville…more

Workers' Compensation Defense

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Supreme Court Holds a Party May be Entitled to Attorneys' Fees Absent a Favorable Ruling on the Merits

On May 19, 2016, the U.S. Supreme Court issued its decision in CRST, Inc. v. EEOC, which addressed the definition of a “prevailing party” who may be awarded attorneys’ fees in Title VII cases. Although the Court ultimately…more

Attorney's Fees, Corporate Counsel, EEOC, EEOC v CRST Van Expedited, Frivolous Lawsuits

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Federal Court Rules that Virginia's Laws Barring Same-Sex Marriage are Unconstitutional

On February 13, 2014, in Bostic v. Rainey, Judge Arenda L. Wright Allen of the U.S. District Court for the Eastern District of Virginia ruled that any Virginia laws banning same-sex marriage or prohibiting recognition of…more

Equal Protection, Fourteenth Amendment, Marriage, Marriage Equality, Same-Sex Marriage

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California Law Extends Workplace Discrimination Prohibition to Stalking Victims and Imposes New Reasonable Accommodation Requirement

California Governor Jerry Brown recently signed into law Senate Bill No. 400 (SB 400), which expands the state's current employment discrimination protections to victims of stalking. Effective January 1, 2014, SB 400 amends…more

ADA, Crime Victims, Discrimination, DLSE, Domestic Violence

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Open Carry and Campus Carry: Expanded Handgun Rights in Texas in 2016 and Beyond

In its most recent session, the Texas legislature passed two bills related to handgun possession in Texas.  House Bill No. 910 (HB 910) legalizes open carry of handguns in Texas.  Senate Bill No. 11 (SB 11) allows handgun…more

Compliance, Concealed Weapons, Educational Institutions, Employment Policies, Gun Laws

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Ninth Circuit Defines Parameters for Removal of PAGA Actions

California's Private Attorneys General Act of 2004 (PAGA) allows an "aggrieved employee" to recover civil penalties for certain violations of the California Labor Code. The amount of recovery in a PAGA action is based on the…more

PAGA, Rest and Meal Break

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NLRB Decides Charter Schools Are Private Corporations Despite Public Influence

In two separate cases decided on August 24, 2016, a divided National Labor Relations Board concluded that charter schools in Pennsylvania and New York are not political subdivisions within the meaning of Section 2(2) of the…more

Charter Schools, Educational Institutions, Employee Rights, Jurisdiction, NLRA

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Supreme Court Holds a Party May be Entitled to Attorneys' Fees Absent a Favorable Ruling on the Merits

On May 19, 2016, the U.S. Supreme Court issued its decision in CRST, Inc. v. EEOC, which addressed the definition of a “prevailing party” who may be awarded attorneys’ fees in Title VII cases. Although the Court ultimately…more

Attorney's Fees, Corporate Counsel, EEOC, EEOC v CRST Van Expedited, Frivolous Lawsuits

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DC Bill Would Provide Most Generous Paid Leave Benefits in the Nation

On October 6, 2015, the District of Columbia Council introduced legislation that would establish a universal paid leave system for all DC residents and workers who are employed in DC but live elsewhere. The Universal Paid Leave…more

Corporate Counsel, Covered Employee, Employee Benefits, FMLA, Medical Leave

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Santa Monica Jumps on the Minimum Wage and Sick Leave Bandwagon

With little fanfare or advance notice, Santa Monica, California, became the latest municipality to enact its own minimum wage and sick leave ordinance (“Ordinance”), proposed by the City Council on January 12, 2016, and approved…more

Employee Benefits, Hospitality Industry, Minimum Wage, Private Sector, Sick Leave

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México Promulga Reformas Importantes a la Ley Federal del Trabajo

El día de hoy se publicó en el Diario Oficial de la Federación el "Decreto por el que se reforman, adicionan y derogan diversas disposiciones de la Ley Federal del Trabajo" de México. Las reformas entran en vigor a partir del 01…more

Dismissals, International Labor Laws, Unions, Wages

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OSHA’s New Electronic Accident Reporting Rule Seeks to Dramatically Impair Post-Accident Drug and Alcohol Testing

Many thousands of employers implement post-accident drug and alcohol testing policies to promote workplace safety, as part of accident investigation efforts and in the hope of reducing workplace accidents and workers’…more

Alcohol Testing, Data Collection, Drug Testing, Electronic Filing, Employer Liability Issues

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Second Circuit Announces New Test For Intern Claims and Puts the Brakes on Class and Collective Claims by Interns

On July 2, 2015, the U.S. Court of Appeals for the Second Circuit issued two eagerly awaited decisions that may dampen the recent wave of collective and class actions filed by unpaid interns claiming they should be paid…more

Class Action, Class Certification, DOL, FLSA, Hearst

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Supreme Court Declines Review of D.C. Circuit’s Decision Upholding DOL Home Care Rule as Regulatory and Litigation Focus on Home Care Industry Intensifies

On June 27, 2016, the U.S. Supreme Court denied the plaintiffs’ petition for a writ of certiorari in Home Care Association of America v. Weil, leaving the U.S. Department of Labor’s (“DOL”) Home Care Rule intact. The Home Care…more

Companionship Exemptions, DOL, FLSA, Home Health Care, Home Healthcare Workers

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OSHA’s New Electronic Accident Reporting Rule Seeks to Dramatically Impair Post-Accident Drug and Alcohol Testing

Many thousands of employers implement post-accident drug and alcohol testing policies to promote workplace safety, as part of accident investigation efforts and in the hope of reducing workplace accidents and workers’…more

Alcohol Testing, Data Collection, Drug Testing, Electronic Filing, Employer Liability Issues

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Annual Report On EEOC Developments: Fiscal Year 2014

In This Issue: - INTRODUCTION ..I. LOOKING BACK AT FY 2014: A REVIEW OF EEOC SUCCESSES AND FAILURES, AND SIGNIFICANT CASES AND DEVELOPMENTS TO WATCH FOR IN FY 2015 ..A. Key Statistics …more

Access To Justice, ADA, Conciliation, Discrimination, EEOC

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Connecticut Extends Workplace Harassment and Discrimination Protections to Unpaid Interns

On June 22, 2015, Connecticut Governor Dannel P. Malloy signed into law a new statute that extends workplace harassment, discrimination and retaliation protection to unpaid interns. Historically, it was unclear whether an…more

Anti-Harassment Policies, Commission on Human Rights, Discrimination, DOL, Employment Policies

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Puerto Rico Supreme Court: Failure to Provide Safe, Private and Hygienic Area for Breastfeeding in the Workplace May Violate Working Mother’s Constitutional Right to Privacy

On January 25, 2016, the Supreme Court of Puerto Rico held that employers in Puerto Rico should provide a safe, private, and hygienic place for working nursing mothers to extract breast milk during the nursing period as provided…more

Breastfeeding, Corporate Counsel, Puerto Rico, Right to Privacy, SBA

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Annual Report On EEOC Developments: Fiscal Year 2014

In This Issue: - INTRODUCTION ..I. LOOKING BACK AT FY 2014: A REVIEW OF EEOC SUCCESSES AND FAILURES, AND SIGNIFICANT CASES AND DEVELOPMENTS TO WATCH FOR IN FY 2015 ..A. Key Statistics …more

Access To Justice, ADA, Conciliation, Discrimination, EEOC

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Minimum Wages, Maximum Challenges in 2016 (2017, 2018 . . .)

Although the state-level minimum wage changes in 2015 have been tame compared to the significant changes in 2014, employers should be aware of a number of minimum wage legislative developments on the federal, state, and local…more

DOL, FLSA, Minimum Wage, Tipped Employees, Wage and Hour

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Rhode Island Enacts Legislation Requiring Accommodations for Pregnant Employees

On June 25, 2015, Rhode Island Governor Gina M. Raimondo signed legislation requiring Rhode Island employers to provide workplace accommodations for pregnant workers.  The new law, which went into effect immediately, obligates…more

Compliance, Employment Policies, FEPA, Leave of Absence, Pregnancy

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West Virginia Employment Update: The Mountain State is Becoming Much More Attractive to Employers

For the past several decades, West Virginia has not fared particularly well when employers were faced with tough decisions regarding whether to close or open new facilities in the state.  One of the factors that undoubtedly…more

Arbitration, Arbitration Agreements, Business Development, DOL, Government Contractors

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When and Where Can the "Line" Be Drawn? NLRB Considers When Off-Duty Employees May Picket a Hospital Employer

The National Labor Relations Board (the “Board”) recently addressed hospital employers’ ability to prohibit picketing by off-duty employees on their own premises. Although the Board concluded that a hospital employer may…more

Acute Facilities, Business Disruption, Health Care Providers, Healthcare, Hospitals

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Spruce Up Survives, But a Successor's First Communication to a Predecessor's Employees is More Critical Than Ever

In Paragon Systems, Inc., 364 NLRB No. 75 (2016), the National Labor Relations Board declined the General Counsel’s request to overturn its 42-year-old decision in Spruce Up Corp., 209 NLRB 194, 195 (1974), enfd. per curiam 529…more

ALJ, Asset Purchaser, Corporate Counsel, Employment Contract, Fringe Benefits

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Taking Workplace Training to the Next Level: EEOC Task Force Recommends Live, Interactive Harassment Prevention Training

On June 20, 2016, the U.S. Equal Employment Opportunity Commission released a 130-page report (“the Report”) on harassment in the workplace. The Report contains 45 specific recommendations and identifies 12 “risk factors”…more

Anti-Harassment Policies, EEOC, Employee Training, Employer Liability Issues, Harassment

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Massachusetts Extends Labor and Employment Protections to Domestic Workers

Effective April 1, 2015, Massachusetts will become the fourth state (after New York, California and Hawaii) to extend employment protections specifically to domestic workers. The "Domestic Workers' Bill of Rights"1 creates new…more

Domestic Workers, Employer Mandates, New Legislation, Wage and Hour

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"That Can't Be Right!" California Appellate Court Rules that Piece Rate Workers Are Entitled to Separate Hourly Compensation

A California Court of Appeal dealt another blow to employers this month when it held automobile mechanics, who earned at least minimum wage for every hour worked, were entitled to separate hourly compensation for any time not…more

Automotive Industry, Class Action, Collective Bargaining, Minimum Wage, Piece-Rate Pay

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Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely…more

ADA, Annual Reports, Class Action, Corporate Counsel, EEOC

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EEOC Enforcement Guidance on Pregnancy Discrimination Adds ADA Duties of Reasonable Accommodation

On July 14, 2014, the EEOC issued its long-anticipated Enforcement Guidance on Pregnancy Discrimination and Related Issues (the Guidance), which, according to Commissioner Lipnic, "adopts new and dramatic substantive changes to…more

ADA, Discrimination, EEOC, Employer Liability Issues, Enforcement Guidance

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DOL Rule Imposes Significant Increases in Penalties for Employee Benefit Plan Violations

On June 30, 2016, the U.S. Department of Labor (“DOL”) issued an interim final rule that significantly increases various penalties under the Employee Retirement Income Security Act of 1974 (“ERISA”). The interim rule is the…more

Automatic Enrollment, Blackout Rules, CHIP, Civil Monetary Penalty, Corporate Counsel

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FTC Report: With Big Data Can Come Big Responsibility

The Federal Trade Commission (“FTC”) issued a report this month entitled, “Big Data: A Tool for Inclusion or Exclusion.”1 The theme of the report is that there are benefits and risks associated with companies’ use of big data—in…more

Analytics, Big Data, Employment Discrimination, FTC, Popular

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OSHA Joins the SEC in Attacking Confidentiality and Other Provisions in Private Settlement Agreements

On September 15, 2016, the federal Occupational Safety and Health Administration (OSHA) released new policy guidelines for its review of private settlement agreements presented to the agency for approval in whistleblowing…more

BlueLinx Holdings, Cease and Desist Orders, Confidentiality Agreements, Corporate Counsel, Employer Liability Issues

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Seventh Circuit Finds Class Action Waivers in Arbitration Agreements are Illegal and Unenforceable under the NLRA

On May 26, 2016, the U.S. Court of Appeals for the Seventh Circuit issued its decision in Lewis v. Epic-Systems Corp., finding that the company's arbitration agreement, which prohibits employees from participating in “any class,…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Corporate Counsel

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Ninth Circuit Finds Auto 'Service Advisors' Not Exempt Under FLSA

In Navarro v. Encino Motorcars, LLC (9th Cir. Mar. 24 2015), the U.S. Court of Appeals for the Ninth Circuit addressed an issue of first impression in the Circuit: whether individuals who worked for automobile dealerships as…more

Appeals, Automotive Industry, Car Dealerships, Corporate Counsel, Exempt-Employees

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Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely…more

ADA, Annual Reports, Class Action, Corporate Counsel, EEOC

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Colorado Grants Certain Private-Sector Employees the Right to Inspect Their Personnel Files

On June 10, 2016, Governor John W. Hickenlooper signed Colorado House Bill 16-1432, Personnel Files Employee Inspection Right (the “Bill”), into law.  The Bill, which provides certain current and former private-sector employees…more

Corporate Counsel, Employee Rights, Hiring & Firing, New Legislation, Personnel Records

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House Bill Would Require Public Disclosure of Company Policies to Combat Supply Chain Trafficking

On July 27, 2015, U.S. Representatives Carolyn Maloney (D-NY) and Chris Smith (R-NJ) introduced the Business Supply Chain Transparency on Trafficking and Slavery Act of 2015 (H.R. 3226) (the "Bill"). The Bill would require that…more

Child Labor, Federal Acquisition Regulations (FAR), Forced Labor, Human Trafficking, Publicly-Traded Companies

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Iniciativa de Reforma a la Constitución y a la Ley Federal del Trabajo

El pasado 28 de abril del año en curso, el presidente de Mexico, Enrique Peña Nieto, envió al Senado de la República una iniciativa para enmendar varios artículos de la Constitución Política de los Estados Unidos Mexicanos ( en…more

Collective Bargaining, Collective Bargaining Agreements (CBA), Conciliation, Freedom of Association, Mexico

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New Case Provides Lessons That May Help Companies Avoid Pitfalls When Structuring Independent Contractor Relationships

The district court's opinion denying cross-motions for summary judgment in Bobbitt v. Broadband Interactive, Inc., No. 8:11-cv-2855 (M.D. Fla. Oct. 21, 2013) illustrates how not to structure an independent contractor…more

Contract Drafting, Employee Rights, Employer Liability Issues, FLSA, Independent Contractors

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Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely…more

ADA, Annual Reports, Class Action, Corporate Counsel, EEOC

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Berkeley Enacts California’s Newest Local Paid Sick Leave Law

On August 31, 2016, the City of Berkeley, California joined the long list of local jurisdictions to create a local sick leave law when it enacted the “Paid Sick Leave Ordinance.” Berkeley also amended its minimum wage law and…more

Corporate Counsel, Local Ordinance, Minimum Wage, Notice Requirements, Paid Leave

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Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely…more

ADA, Annual Reports, Class Action, Corporate Counsel, EEOC

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Minnesota Enacts “Ban the Box Law" Prohibiting Employment Application Criminal History Checkmark Boxes and Restricting Criminal Record Inquiries Until After Interviews or Conditional Job Offers

Effective January 1, 2014, recent amendments to Minnesota law will restrict the timing of pre-employment inquiries by most private employers into a candidate’s criminal past. Employers who are not exempted from the law may not…more

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Virginia Supreme Court Reverses Dismissal of Non-Compete Case, Emphasizing Need for Case-by-Case Analysis

In Assurance Data, Inc. v. John Malyevac, No. 121989 (Sept. 12, 2013), the Supreme Court of Virginia held that the Fairfax County Circuit Court had been too quick to rule on the enforceability of a covenant not to compete,…more

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U.S. Supreme Court Holds Not Every Violation of a Federal Statute is a Ticket to File a Federal Court Lawsuit

On May 16, 2016, the U.S. Supreme Court issued its long-awaited opinion in Spokeo, Inc. v. Robins, a case raising the procedural question whether any and all violations of a federal statute are sufficient for a plaintiff to file…more

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

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Rhode Island Enacts Legislation Requiring Accommodations for Pregnant Employees

On June 25, 2015, Rhode Island Governor Gina M. Raimondo signed legislation requiring Rhode Island employers to provide workplace accommodations for pregnant workers.  The new law, which went into effect immediately, obligates…more

Compliance, Employment Policies, FEPA, Leave of Absence, Pregnancy

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Massachusetts Attorney General Creates a "Safe Harbor" From the Requirements of the Massachusetts Sick Leave Law

The Massachusetts Attorney General recently issued a supplemental regulation to the state's new sick leave law that aims to provide a "safe harbor" to Massachusetts employers that had qualifying paid time off ("PTO") policies…more

Attorney Generals, PTO, Safe Harbors, Sick Leave, Vacation Pay

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U.S. Department of Justice and SEC Release Long-Awaited Guidance on Foreign Corrupt Practices Act

On November 14, 2012, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) released their long-awaited guidance on the Foreign Corrupt Practices Act (FCPA). A Resource Guide to the US Foreign Corrupt…more

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New York Implements Regulation Strongly Favoring Payment of Wages by Check and Discouraging Payment by Direct Deposit and Debit Card

On September 7, 2016, the New York State Department of Labor (“NYDOL”) adopted a final regulation setting the conditions by which employers in New York State can pay wages by direct deposit or by debit card. This regulation is…more

Agricultural Workers, ATMs, Covered Employee, Debit Cards, Farm Workers

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NLRB Signs Off On Narrow Confidentiality Provision for Employee Reinstatement Agreements

In the recent case of S. Freeman & Sons, Inc., the National Labor Relations Board confronted the question of “whether an employer can require an employee to keep confidential the terms of a settlement agreement in exchange for…more

ALJ, Confidentiality Agreements, Disciplinary Proceedings, Filing Grievances, Hiring & Firing

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Ninth Circuit Finds Arbitration Agreement That Required Employees to Bring Claims in “Separate Proceedings” Illegal Under the NLRA

On August 22, 2016, in Morris et al. v. Ernst & Young, LLP, a panel of the U.S. Court of Appeals for the Ninth Circuit followed the lead of the National Labor Relations Board (“NLRB”) and the U.S Court of Appeals for the Seventh…more

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

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Department of Labor Issues Final Fiduciary Rule

The Department of Labor (DOL) has issued a final rule to re-define who is rendered a "fiduciary" of an employee benefit plan under the Employee Retirement Income Security Act (ERISA) by providing investment advice to a plan or…more

Benefit Plan Sponsors, Best Interest Contract Exemptions, DOL, Employee Benefits, ERISA

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New California Laws Restrict the Discretion Employers Have to Inquire Into and Use Criminal Record Information

On October 10, 2013, California joined the growing list of states with expanded protections for individuals with prior criminal records when Governor Jerry Brown approved a bill (SB 530) amending the California Labor Code.1 …more

Criminal Background Checks, Criminal Records, Discrimination, Expungement, Sealed Records

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Understanding New York's New Paid Family Leave Law

New York Governor Andrew Cuomo executed sweeping legislation on April 4, 2016, that will gradually raise the minimum wage in New York to $15 an hour and provide a phased-in system of paid family leave benefits providing covered…more

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

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Mexico: It's the Law! Mexico Employers Must Implement Training Programs for Employees or Risk Steep Fines

On June 14, 2013, Mexico's Department of Labor and Social Welfare ("STPS") published final rules outlining an employer's obligation to develop and implement detailed employee training programs that will foster productivity…more

Compliance, Employee Benefits, Employee Rights, Enforcement, Labor Departments

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The Big Move Toward Big Data in Employment

The world of Big Data has arrived, and it is beginning to affect employers and their decision-making in ways undreamed of even a few years ago. Employers can access more information about their applicant pool than ever before,…more

ADA, Big Data, Class Action, Compliance, Data Protection

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IRS Issues Proposed Regulations Under Code Section 457 Affecting Deferred Compensation Plans of Tax-Exempt Organizations

The Internal Revenue Service recently issued proposed regulations under Section 457 of the Internal Revenue Code (the “Code”) that prescribe rules regarding deferred compensation plans sponsored by state and local governments…more

457(b) Plans, Death Benefits, Deferred Compensation, Employee Benefits, IRS

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DOL Proposes New Rule for Certain Immigrant and Nonimmigrant Programs Affecting Employment

The Department of Homeland Security (DHS) recently issued a proposed rule to amend employment-based immigrant and nonimmigrant visa programs. The new rule is intended to benefit both U.S. employers and foreign national workers…more

Corporate Counsel, EB-1, Grace Period, H-1B, I-140

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Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely…more

ADA, Annual Reports, Class Action, Corporate Counsel, EEOC

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Challenges and Best Practices for Home Care Employers Following the Elimination of the Companionship Exemption

In this Issue: - Introduction - History of the Companionship exemption - The New Regulations - Impact of the New Regulations - Challenges and Best practices for Home Care employers…more

Caregivers, Companionship Exemptions, DOL, Employee Benefits, Employee Rights

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Supreme Court Confirms EEOC Conciliation Efforts are Subject to Judicial Review

On April 29, 2015, in a unanimous decision, the U.S. Supreme Court resolved a circuit split in holding that the Equal Employment Opportunity Commission’s (EEOC) attempts to conciliate a discrimination charge prior to filing a…more

Conciliation, Discrimination, EEOC, Judicial Review, Mach Mining v EEOC

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Open Carry and Campus Carry: Expanded Handgun Rights in Texas in 2016 and Beyond

In its most recent session, the Texas legislature passed two bills related to handgun possession in Texas.  House Bill No. 910 (HB 910) legalizes open carry of handguns in Texas.  Senate Bill No. 11 (SB 11) allows handgun…more

Compliance, Concealed Weapons, Educational Institutions, Employment Policies, Gun Laws

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California Court Rules Teacher Tenure Statutes Unconstitutional

On June 10, 2014, the trial court judge in Vergara v. State of California issued a decision striking down as unconstitutional five provisions of the California Education Code regarding public school teacher tenure procedures…more

Department of Education, Hiring & Firing, Public Schools, Seniority, Teachers

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Labor & Employment Issues Facing the Healthcare Industry

Public discourse on "healthcare" has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical…more

Antitrust Provisions, Ban the Box, Corporate Restructuring, Discrimination, False Claims Act (FCA)

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Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely…more

ADA, Annual Reports, Class Action, Corporate Counsel, EEOC

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Are We There Yet? California Appellate Court Rules There Is No Statutory Cap for Pregnancy-Disability Leave

The interplay among state and federal employment leave requirements can be confusing and often becomes a trap for the unwary, as occurred in the recent case of Sanchez v. Swissport, Inc., No. B237761 (Cal. Ct. App. Feb. 21,…more

Appeals, California Family Rights Act (CFRA), Disability, Disability Leave, FEHA

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NY Attorney General Schneiderman Declares “War” on Non-Compete Agreements That He Perceives as Overbroad

In an initiative that is virtually without precedent in New York, in the past two months (June 15, June 22 and August 4) Attorney General Schneiderman announced agreements with three separate companies in three different…more

Attorney Generals, Competition, Corporate Counsel, Employees, Employer Liability Issues

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Fourth Circuit Holds Employer Liable for Third-Party Racial and Sexual Harassment

In its first published opinion on the topic, the U.S. Court of Appeals for the Fourth Circuit ruled last month in Freeman v. Dal-Tile Corp. that an employer is liable for harassment by a third party when the employer knows or…more

Employer Liability Issues, Harassment, Sexual Harassment, Third-Party Risk

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Proposed Changes to E-Verify

The United States Citizenship and Immigration Services (USCIS) is in the process of reviewing public comments and considering revisions to its recently proposed changes to the E-Verify program. USCIS’ Supporting Statement…more

DHS, E-Verify, Electronic Filing, Immigrants, OMB

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