Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

California and Criminal Convictions: Employers May Want to Reexamine Their Background Check Policies in Light of Proposed Regulations

In early 2016, the California Fair Employment and Housing Council (FEHC) proposed regulations that are intended to define and clarify how using a person’s criminal history may violate the Fair Employment and Housing Act (FEHA)…more

Adverse Action, Ban the Box, Criminal Background Checks, Criminal Records, Employer Liability Issues

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Philadelphia Passes Ordinance Prohibiting Wage History Inquiries

On December 8, 2016, the Philadelphia City Council unanimously passed a citywide wage equity ordinance that, once signed, will prohibit employers from inquiring into applicants’ wage histories. Mayor Jim Kenny has already…more

Employer Liability Issues, Hiring & Firing, Job Applicants, Local Ordinance, Salary History

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Being on Call in California Does Not Impede on Rest Breaks

Augustus v. ABM Security Services, Inc., No. B243788 (filed December 31, 2014, pub. ord. January 29, 2015)): In its recently published decision, the California Court of Appeal held that on-call rest breaks are permissible. In a…more

Appeals, On-Call Employees, Rest and Meal Break, Restaurant Industry, Security Guards

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The Rising Minimum Wages and Tip Credits for 2017: An Overview

Effective January 1, 2017, 29 states plus the District of Columbia will have minimum wage rates that are above the federal minimum wage rate of $7.25 per hour. The District of Columbia will continue to have, as it did last year,…more

FLSA, Minimum Wage, Tip Credit, Wage and Hour

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The Rising Minimum Wages and Tip Credits for 2017: An Overview

Effective January 1, 2017, 29 states plus the District of Columbia will have minimum wage rates that are above the federal minimum wage rate of $7.25 per hour. The District of Columbia will continue to have, as it did last year,…more

FLSA, Minimum Wage, Tip Credit, Wage and Hour

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Understanding Singapore’s Employment Act and Its Recent Amendments

As of April 1, 2016, the Singapore Ministry of Manpower is enforcing amendments to its Employment Act (EA), which was originally enacted in 1968 and revised in 2009. The amendments involve enhanced requirements for pay stubs,…more

Corporate Counsel, Employee Benefits, Employee Handbooks, Employment Contract, Recordkeeping Requirements

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DHS Guidance Memos Chart Aggressive Course to Implement President Trump’s Executive Orders on Immigration Enforcement

On February 20, 2017, U.S. Secretary of Homeland Security John Kelly released two new policy memoranda aimed at implementing President Trump’s executive orders on enhancing the public safety of the interior and border…more

DACA, Deportation, DHS, Executive Orders, Immigration Enforcement

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Married, but Without Benefits: The Obergefell Saga Continues in Texas

Same-sex couples can legally marry, but are they legally entitled to benefits? The Supreme Court of Texas will decide this issue after hearing oral arguments in March of 2017 in Pidgeon v. Turner…more

Appeals, Employee Benefits, Obergefell v. Hodges, Public Employees, Same-Sex Marriage

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New York State Industrial Board of Appeals Revokes Regulations on Methods of Wage Payments Set to Take Effect on March 7

On February 16, 2017, the New York State Industrial Board of Appeals (IBA) issued a Resolution of Decision invalidating and revoking the regulations regarding methods of payment of wages. The IBA decided that the regulations…more

Direct Deposit, Final Rules, Industrial Board of Appeals, Payroll Cards, Wages

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Who Is Alexander Acosta, and Will He Be the New Labor Secretary?

Within less than 24 hours following the withdrawal of Andrew Puzder, President Trump’s first choice to fill the position of Secretary of Labor, the president announced at a press conference on Thursday, February 16 that his new…more

Nominations, Secretary of Labor, Trump Administration

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It’s Time Again to Post the OSHA 300A Annual Summary of Illnesses and Injuries

Covered employers must post the Occupational Safety and Health Administration’s (OSHA) Form 300A between February 1 and April 30, 2017. Form 300A is a summary of the total number of job-related injuries and illnesses that…more

Covered Employer, Electronic Filing, OSHA, Posting Requirements, Reporting Requirements

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Jocks and Docs: Classifying Postdocs and Coaches Under the DOL’s New Rules

On May 18, 2016, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) issued its final rule, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer…more

Coaches, DOL, Exempt-Employees, Final Rules, FLSA

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FY 2016 H-1B Cap Lottery Selection Completed, Premium Processing Timeline Begins April 27, 2015

On April 14, 2015, the U.S. Citizenship and Immigration Services (USCIS) announced that on April 27, 2015, it will begin reviewing cases filed with a request for premium processing. USCIS previously confirmed completion of the…more

H-1B, Lottery, USCIS, Visa Caps

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Court Denies Temporary Injunction on OSHA’s Electronic Reporting Regulation

On November 28, 2016, a federal district judge rejected several industry groups’ attempt to halt certain aspects of the Occupational Safety and Health Administration’s (OSHA) Improve Tracking of Workplace Injuries and Illnesses…more

Anti-Retaliation Provisions, Drug Testing, Final Rules, Injunctive Relief, OSHA

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Can Healthcare Providers Prohibit Employees From Using Recording Devices in the Workplace?

In the wake of the National Labor Relations Board’s (NLRB) decision in Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), hospitals and healthcare providers will need to revisit their employee recording policies. This…more

Audio Recording, Health Care Providers, HIPAA, Hospitals, NLRA

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The New Wave of Data Breach Settlements

4.8 million. 10 million. 15 million. 25 million. Before 2014, these large numbers were likely to represent the number of individuals affected by a data breach. Today, they are the dollar figures that companies must spend to put…more

Data Breach, FCC, Financial Institutions, Popular, Regulatory Standards

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Indiana Supreme Court Upholds Right–to-Work Law

The debate over the constitutionality of Indiana’s right-to-work law may finally be over. In Zoeller v Sweeney (No. 45S00-1309-PL-596, November 6, 2014), the Indiana Supreme Court reversed a lower court ruling that had held…more

Employer Liability Issues, Hiring & Firing, Right to Work, Union Membership, Unions

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New Jersey Assembly Labor Committee Advances Bill Concerning Payment of Freelance Workers

On January 19, 2017, the New Jersey Assembly Labor Committee advanced a bill (A-4410) that would require written contracts between “freelance workers” and their hiring entity (“client”). Those contracts would need to include (i)…more

Employer Liability Issues, Freelance Workers, Independent Contractors, Pending Legislation, Service Contracts

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Broward County Becomes The Second County In Florida To Adopt Wage Protection Ordinance

On October 23, 2012, Broward County became the second county in Florida to adopt a controversial wage protection ordinance. In a seven-to-two vote, with Commissioners Stacy Ritter and Chip LaMarca voting against the ordinance,…more

Wage and Hour, Wage Theft Prevention Act, Wages

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Oregon Manufacturers May Be Eligible to Obtain Waivers From Complying With BOLI’s New Daily and Weekly Overtime Interpretation

The Oregon Bureau of Labor and Industries (BOLI) recently made a surprising change in its interpretation of the daily and weekly overtime requirements for manufacturers. Employers may be able to obtain a waiver from complying…more

BOLI, Manufacturers, Wage and Hour, Waivers

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IRS Traded in Your Chevy for a “Cadillac (ac-ac-ac-ac-ac) Tax”: Agency Issues First Guidance on the Implementation Code Section 4980I

On February 23, 2015, the Internal Revenue Service (IRS) issued the first piece of guidance that discusses the excise tax, better known as the “Cadillac Tax,” imposed by Section 4980I of the Internal Revenue Code of 1986, as…more

Affordable Care Act, Cadillac Tax, COBRA, Employer Group Health Plans, Excise Tax

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Missouri Becomes 28th Right-to-Work State

On February 6, 2017, Missouri Governor Eric Greitens signed Senate Bill 19, making Missouri our nation’s 28th right-to-work state. In the last five years, five other states have passed right to work legislation (Indiana,…more

AFL-CIO, Collective Bargaining Agreements (CBA), Governor Greitens, Grandfathered Status, New Regulations

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What's the One Thing Missing from Most Employee Handbooks?

In your experience, what's the one thing most employers overlook when putting together an employee handbook? The answer to that question depends on whom you ask - and, for a legal perspective, we put it to leading employment…more

Confidential Information, Disability, Employee Handbooks, FMLA, Hiring & Firing

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Government, Businesses Prioritize Cybersecurity Spending

If spending is a good indicator of shifting priorities for both business and government, then cybersecurity is quickly becoming priority number one. Last week, the White House announced a proposed 10 percent increase in…more

Cybersecurity, Federal Budget

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Construction One-Minute Read: The Unbearable Lightness of Being an Additional Insured

The “additional insured” provision is one of the most critical provisions in a contract, yet is usually an afterthought. Contract negotiations over scope, schedule, and budget can and should demand your full attention, but the…more

Additional Insured, Additional Insured Endorsements, Commercial General Liability Policies, Contract Negotiations, Insurance Industry

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Restroom Rights—The New Challenge for Texas Employers

Time was when an employer’s only preoccupation with restrooms was whether the cleaning crew was keeping them stocked with soap, towels, and toilet paper. Enter the new reality: federal agencies and LGBT rights groups are…more

Barack Obama, EEOC, Employee Restrooms, Employer Liability Issues, Executive Orders

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Pennsylvania and DOL Collaborate in Employee Misclassification Enforcement Efforts

The Pennsylvania Department of Labor and Industry recently signed a three-year memorandum of understanding (MOU) with the U.S. Department of Labor’s (DOL) Wage and Hour Division designed to prevent employees from being…more

DOL, Memorandum of Understanding, Misclassification, Strategic Enforcement Plan, Wage and Hour

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The Cat Is Out of the Bag: Second Circuit Rules Cat’s Paw Theory Applies to Nonmanagerial Coworkers

Rarely has the maxim “hard cases make bad law” found greater application than in the Second Circuit Court of Appeals’ recent decision to expand the “cat’s paw” doctrine adopted by the Supreme Court of the United States in 2011…more

Adverse Employment Action, Cat's Paw, Employer Liability Issues, Faragher/Ellerth defense, Hiring & Firing

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The Employment Law Authority - January/February 2017

A Moving Target: The Not So Final Overtime Rule - On November 22, 2016, a federal judge for the Eastern District of Texas issued a preliminary injunction temporarily blocking the U.S. Department of Labor (DOL) from…more

Collective Bargaining Agreements (CBA), Data Security, Discrimination, DOL, e-Discovery

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Pennsylvania’s New Medical Marijuana Law: What Employers Need to Know

On April 17, 2016, Pennsylvania Governor Tom Wolf signed Senate Bill 3 (SB3), otherwise known as the Medical Marijuana Act, which legalizes the prescription and use of medical marijuana by persons with a “serious medical…more

Anti-Discrimination Policies, Drug Testing, Employer Liability Issues, Governor Wolf, Hiring & Firing

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Supreme Court Denies Review of NFL Players’ Concussion Settlement

In April of 2015, Pennsylvania federal district court judge Anita B. Brody approved a settlement between the National Football League (NFL) and retired football players intended to resolve thousands of concussion lawsuits dating…more

Appeals, Athletes, Class Action, Denial of Certiorari, NFL

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Texas Supreme Court Establishes That an At-Will Employee Does Not Have a Viable Fraud Claim Based on Continued Employment

The Texas Supreme Court recently issued a much-anticipated opinion regarding fraud claims in the employment at will context. In Sawyer v. E.I. du Pont de Nemours & Co., 430 S.W.3d 396 (Tex. 2014), the Fifth Circuit Court of…more

At-Will Employment, Fraud, Hiring & Firing, Subsidiaries

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Implied Rights in Whistleblower Policies: What DC’s Latest Ruling Means for Employers

On March 18, 2015, the U.S. District Court for the District of Columbia ruled on a motion to dismiss in a case that will have potentially serious consequences for D.C. employers that include written whistleblower and other…more

Adverse Employment Action, Anti-Retaliation Provisions, Employee Handbooks, Employer Liability Issues, Employment Policies

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Revisiting Rochow: The Sixth Circuit Rejects Earlier $3.8 Million Equitable Award in Recent En Banc Decision

Just over a year ago, a panel decision by the Sixth Circuit Court of Appeals in Rochow v. Life Insurance Company of North America, 737 F.3d 415 made big news when the court upheld the district court’s award of $3.8 million in…more

Appeals, Denial of Benefits, Disgorgement, En Banc Review, Equitable Relief

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Twice in Two Years: California Expands the Fair Pay Act for the Second Consecutive Year

Starting January 1, 2017, companies of all sizes doing business in California will need to take extra care to ensure they are not paying employees differently based on their race or ethnicity or basing new employees’…more

Equal Pay, Fair Pay Act, Gender-Based Pay Discrimination, Governor Brown, Hiring & Firing

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New Arizona Laws Seek to Clarify Independent Contractor Status

Arizona’s new Declaration of Independent Business Status (DIBS) law went into effect on August 6, 2016. Arizona employers can now clarify their relationships with independent contractors under certain circumstances. For purposes…more

Amended Regulation, Independent Contractors, Wage and Hour

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Code Section 409A and You: The IRS Issues New Guidance

Authors: John A. Morrison (Atlanta), Taylor Bracewell (Atlanta) Published Date: October 11, 2016 Earlier this summer, the Internal Revenue Service (IRS) issued proposed regulations under Sections 409A and 457 of the Internal…more

Deferred Compensation, Internal Revenue Code (IRC), IRS, Proposed Regulation, Section 409A

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Nevada’s New Recreational Marijuana Law: What Employers Need to Know

On November 8, 2016, voters approved Nevada’s Initiative to Regulate and Tax Marijuana (more commonly known as Question 2) by a margin of 54 percent to 46 percent. When codified and enacted, this law will be cited as the…more

Controlled Substances Act, Decriminalization of Marijuana, General Elections, Marijuana

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Mandatory Retirement Plans in Illinois

Is Illinois the precursor to mandatory retirement savings programs across the country the way that Massachusetts was for mandatory health care? Illinois has become the first state to require that private-sector employers offer…more

Benefit Plan Sponsors, Employee Benefits, Employer Mandates, Retirement Plan

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Medical Cannabis Implications for Employers in Minnesota

On May 29, 2014, Minnesota signed into law Minnesota’s medical cannabis bill (SF No. 2470), which passed the House 89-to-40 and the Senate 46-to-16. The law establishes a registry program for Minnesota residents to legally use…more

Marijuana, Medical Marijuana

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The Federal Minimum Wage for Tipped Employees—Is a Raise in Store?

President Obama has made increasing the federal minimum wage a priority for the administration due in no small part to sustained union efforts over the past few years—including “worker center” protests and campaigns aimed at the…more

Fast-Food Industry, Minimum Wage, Obama Administration, Resorts & Restaurants, Restaurant Industry

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WHD Provides Long-Awaited Garnishment Guidance on the Meaning of “Earnings” Under the CCPA

A rare and interesting thing in the world of federal garnishment law has just occurred: the U.S. Department of Labor’s Wage and Hour Division (WHD) updated its published position concerning the meaning of “earnings” pursuant to…more

Consumer Credit Protection, DOL, Wage Garnishment

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AAO National Interest Waiver Decision May Open Doors for a Broader Group of Professionals and Entrepreneurs Seeking Green Cards

On December 27, 2016, the Administrative Appeals Office (AAO) —the appellate body for U.S. Citizenship and Immigration Services (USCIS)—announced a new standard for National Interest Waiver visa petitions in a precedent…more

Administrative Appeals, DOL, Entrepreneurs, Green Cards, Labor Certifications

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Impact of Supreme Court’s Recent Actions on Employee Benefits

Did the Supreme Court legalize same-sex marriage? On October 6, 2014, the Supreme Court of the United States denied review of seven petitions challenging federal court of appeal rulings in the Fourth, Seventh, and Tenth…more

401k, Beneficiaries, Defined Benefit Plans, DOL, Employee Benefits

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Seattle Enacts Law to Strengthen Wage Theft and Other Labor Standards Ordinances

Seattle Mayor Edward B. Murray recently signed a measure strengthening the city’s ability to enforce minimum wage and other workplace standards. The Wage Theft Prevention and Labor Standards Harmonization Ordinance 2015…more

Anti-Retaliation Provisions, Labor Standards Enforcement, Local Ordinance, Minimum Wage, Sick Leave

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CBP Designates Preferred Ports of Entry for First-Time Canadian TN and L-1 Applicants

U.S. Customs and Border Protection (CBP) is the agency charged with overseeing and facilitating international travel and trade across the borders of the United States. The CBP’s mandate includes responsibility over determining…more

Canada, Customs and Border Protection, International Travel, Ports

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A Closer Look at Massachusetts’s Pay Equity Law

We recently reported on the sweeping pay equity legislation that garnered much attention throughout the most recent legislative session in Massachusetts. After much anticipation, this week Governor Charlie Baker signed the Act…more

Employer Mandates, Governor Baker, Pay Equity Laws, Self-Evaluations

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Eighth Circuit Rejects OSHA’s Interpretation of Guarding Standard in Worker Fatality Appeal

On October 13, 2015, the Eighth Circuit Court of Appeals ruled in favor of Loren Cook in an 8–4 en banc decision in the carefully-watched machine guarding case of Perez v. Loren Cook Company, Eighth Circuit Court of Appeals, No…more

ALJ, DOL, Employer Liability Issues, OSHA, Workplace Injury

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The Grisly Death of Determination Letters for Individually Designed Plans

The Internal Revenue Service (IRS) announced last year that it would end its staggered five-year remedial amendment cycle system for individually designed retirement plans under the determination letter program due to budgetary…more

Benefit Plan Sponsors, Determination Letter, EPCRS, Exemptions, Financial Institutions

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The Increased Cost of Tax (Non) Compliance and the New Trade Preferences Extension Act

On June 29, 2015, President Obama signed into law the Trade Preferences Extension Act of 2015. Neatly tucked away in the “Offsets” provision of the Act are sizeable increases in the dollar amounts of the penalties under Internal…more

1099s, Corporate Taxes, Employer Liability Issues, Internal Revenue Code (IRC), Trade Preferences Rules

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Alabama’s New “Guns In The Parking Lot” Law Takes Effect On August 1, 2013

On August 1, 2013, Alabama laws regarding firearms will change to permit employees to bring guns to the parking lots of their workplaces, if certain conditions are met…more

Adverse Employment Action, Concealed Carry Permit, Firearms, Gun Laws, Guns-in-Trunks Legislation

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So You’re Going Global! Five Employment Basics for U.S. Companies Expanding Overseas

Your company is doing well in the United States, and you are looking to expand internationally. That can be a very exciting time! But besides the practical logistics (e.g., Do I need to set up a subsidiary to hire someone…more

Employer Liability Issues, Foreign Subsidiaries, Human Resources Professionals, Labor Code, Multinationals

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New Orleans Mayor Signs Executive Order Prohibiting Wage History Inquires

On January 25, 2017, New Orleans Mayor Mitch Landrieu signed Executive Order MJL17-01, which prohibits questions about salary history during the application process for persons seeking employment with the City of New Orleans…more

Hiring & Firing, Local Ordinance, Municipalities, Pay Equity Laws, Public Employees

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City of Columbia Is First in Missouri to Approve “Ban the Box” Legislation

In keeping with the “ban the box” legislative trend, the Columbia City Council unanimously passed a “ban the box” ordinance on December 1, 2014. The ordinance, which went into effect immediately, prohibits public and private…more

Ban the Box, Criminal Background Checks, Hiring & Firing, Job Applicants, Job Offers

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The NLRB Throws a Flag on NCAA Division I Football and Explains Some Rules to Colleges and Universities

In an official memorandum entitled “General Counsel’s Report on the Statutory Rights of University Faculty and Students in the Unfair Labor Practice Context,” the National Labor Relations Board (NLRB) General Counsel Richard F…more

College Athletes, Colleges, Columbia University, Employee Rights, Football

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The SEC Continues to Limit Language in Employment-Related Contracts

In orders issued just six days apart last month, the U.S. Securities and Exchange Commission (SEC) rejected language in severance agreements requiring employees to waive rights to receive additional monetary recovery,…more

Enforcement Actions, Popular, SEC, Severance Agreements, Whistleblower Awards

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City of Chicago Increases Minimum Wage

Effective January 1, 2015, the City of Chicago increased the minimum wage within its city limits to $10.00 per hour worked for non-tipped employees and to $5.45 per hour worked for tipped employees. The previous minimum wage was…more

Local Ordinance, Minimum Wage, Private Right of Action, Tipped Employees, Wage and Hour

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Misclassification Initiatives Spread As Florida Signs Formal Pact with DOL

On January 13, 2015, the U.S. Department of Labor’s (DOL) Wage and Hour Division and the Florida Department of Revenue’s General Tax Administration (FDOR) entered into a memorandum of understanding (MOU) in which they agreed to…more

Department of Revenue, DOL, Employee Definition, Employer Liability Issues, Enforcement

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New Jersey Supreme Court To Revisit Employer Liability For Sexual Harassment By Supervisors

On November 6, 2013, the New Jersey Supreme Court granted certification in Aguas v. State of New Jersey, 2013 WL 1136115 (App. Div. Mar. 20, 2013), a pro-employer ruling on the issue of employer liability for sexual harassment…more

Anti-Harassment Policies, Department of Corrections, Employer Liability Issues, Sexual Harassment, Supervision

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Connecticut's Highest Court Reinstates State Employee Fired for Smoking Marijuana at Work

The Supreme Court of Connecticut recently held, by a unanimous decision, that termination was not the only appropriate disciplinary action for a public employee who had been caught smoking marijuana during working hours. In so…more

Arbitration, Collective Bargaining Agreements (CBA), CT Supreme Court, Employment Policies, Hiring & Firing

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Still No NCAA Pay for Play - Supreme Court Denies Cert. in O’Bannon v. NCAA

On October 3, 2016, the Supreme Court of the United States denied certiorari requested in O’Bannon, et al. v. NCAA, et al., by both the plaintiffs (No. 15-1167) and the National Collegiate Athletic Association (NCAA) (No…more

College Athletes, First Amendment, O'Bannon v NCAA, Rule-of-Reason Analysis, Scholarships

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Loose Lips Do Not Always Sink Ships—Seventh Circuit Rejects EEOC’s View on ADA Medical Records Rule

In EEOC v. Thrivent Financial for Lutherans (issued on November 20, 2012), the Seventh Circuit Court of Appeals, which is the federal appellate court covering Illinois, Indiana, and Wisconsin, ruled that a company did not…more

ADA, Disability, Discrimination, EEOC, Medical Records

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Colorado Supreme Court Affirms Right to Discharge Medical Marijuana User Who Tested Positive in Violation of Zero Tolerance Policy

Today, the Colorado Supreme Court issued its long-awaited opinion in Coats v. Dish Network, No. 13SC394 (June 15, 2015). The court held that Colorado’s lawful off-duty conduct statute does not prohibit employers from discharging…more

CO Supreme Court, Coats v Dish Network, Decriminalization of Marijuana, Drug Testing, Employment Policies

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Supreme Court Jumps Into Class Action Waiver Fight

On January 13, 2017, the Supreme Court agreed to take up the contentious class action waiver issue that has riled courts for the past four years. In January 2012, the National Labor Relations Board ruled in D.R. Horton, 357…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Murphy Oil USA

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Ogletree Governmental Affairs State Round-Up

In the past few months, a number of state and local developments have emerged that are likely to resonate across the country. The following is a tour of some of the most recent and significant state-specific legislation, legal…more

Commercial Truck Drivers, Commuter Tax Benefits, Franchisee, Independent Contractors, Minimum Wage

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Nevada’s Trio of Cases: State Supreme Court Resolves Questions on the Minimum Wage Amendment

On October 27, 2016, the Supreme Court of Nevada issued decisions in a trio of cases resolving important questions about Nevada’s Minimum Wage Amendment. In 2006, the Minimum Wage Amendment amended the Nevada Constitution…more

Benefit Plan Sponsors, Constitutional Amendment, Health Insurance, Minimum Wage, NV Supreme Court

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Split Ninth Circuit Decision Clarifies the Limitations of Tip Pooling

In a split 2-1 decision, the Ninth Circuit Court of Appeals ruled in Oregon Restaurant and Lodging Association v. Perez (February 2016) that its 2010 decision in Cumbie v. Woody Woo, Inc. did not prevent the U. S. Department of…more

DOL, FLSA, Hospitality Industry, Restaurant Industry, Tip Credit

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UPDATE: FAQs on the Impact of the Executive Order Suspending Admission to the U.S. of Foreign Nationals From Certain Designated Countries

Following is updated guidance related to President Donald Trump’s Executive Order (“EO”), “Protecting the Nation from Foreign Terrorist Entry into the United States,” issued January 27, 2017. These updates are based upon…more

DHS, Executive Orders, Foreign Nationals, Green Cards, Immigrants

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Oregon OSHA's Proposed Silica Rules Comment Period Comes to a Close

On September 16, 2016, the period for public comment on Oregon OSHA’s proposed rules for respirable crystalline silica closes, and Oregon OSHA is expected to adopt the proposed rules by September 25, 2016. The proposed rules…more

Construction Industry, OSHA, Proposed Regulation, Public Comment, Silica

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Employing Minors in the Entertainment Industry: A Primer for Employers Doing Business in Canada

Employers that hire minors must comply with a myriad of special rules designed to protect the minor employee from, among other things, dangerous work, exploitation, and abuse. Legislators and courts have gone to great…more

Canada, Contract Formation, Employer Liability Issues, Entertainment Industry, Minors

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Spokeo—New Hope for Defending Against ERISA Claims?

Last month, the Supreme Court of the United States issued its decision in Spokeo, Inc. v. Robins, No. 13–1339 (May 16, 2016). Spokeo involved a lawsuit brought under the Fair Credit Reporting Act of 1970 (FCRA)…more

Article III, Class Action, ERISA, FCRA, Injury-in-Fact

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New York State Industrial Board of Appeals Revokes Regulations on Methods of Wage Payments Set to Take Effect on March 7

On February 16, 2017, the New York State Industrial Board of Appeals (IBA) issued a Resolution of Decision invalidating and revoking the regulations regarding methods of payment of wages. The IBA decided that the regulations…more

Direct Deposit, Final Rules, Industrial Board of Appeals, Payroll Cards, Wages

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Tenth Circuit Upholds Discharge of Employee in Safety-Sensitive Position Who Tested Positive for Cocaine

On February 6, 2017, the Tenth Circuit Court of Appeals ruled that Wyandotte County, Kansas, did not violate the U.S. Constitution by discharging an employee in a safety-sensitive position after he tested positive for cocaine in…more

Appeals, Drug Testing, Employee Privacy Rights, Employment Policies, Hiring & Firing

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Arizona Court Of Appeals Decision Highlights Employer’s Burden Of Proving Disqualification From Unemployment Benefits

The Arizona Court of Appeals recently issued an opinion overturning the Unemployment Insurance Appeals Board’s denial of unemployment benefits to an employee who was terminated for excessive tardiness…more

Burden of Proof, Disqualification, Hiring & Firing, Unemployment Benefits, Willful Misconduct

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Supreme Court Weighs In On FLSA Class Action Issues

On April 16, 2013, the U.S. Supreme Court ruled in Genesis Healthcare Corp. et al. v. Symczyk that a collective action brought by a worker under the Fair Labor Standards Act (FLSA) was properly dismissed because the worker’s…more

Collective Actions, Dismissals, FLSA, Genesis HealthCare, Genesis Healthcare Corp. v. Symczyk

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Severe Delays at USCIS Create Need for Nimble Approach by Employers

U.S. Citizenship and Immigration Service (USCIS) service centers are experiencing severe delays in processing immigration cases due to an overwhelming backlog. USCIS has not publicly identified the cause of the delays or offered…more

H-1B, Time Extensions, USCIS, Visas

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UPDATE: Ninth Circuit Upholds TRO Halting President Trump’s Immigration Travel Ban

On Thursday, February 9, 2017, the Ninth Circuit Court of Appeals denied the U.S. Department of Justice’s (DOJ) emergency motion for a stay in a case that suspended implementation of certain sections of an executive order (EO)…more

Appeals, DHS, DOJ, En Banc Review, Executive Orders

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A Win for Wellness Programs: Federal Judge Rules No ADA Violation (No Matter What the EEOC Says)

The question of whether a wellness program violates the requirements of the Americans with Disabilities Act (ADA) has been unclear for some time. The Chicago District Office of the U.S. Equal Employment Opportunity Commission…more

ADA, EEOC, Medical Examinations, Popular, Safe Harbors

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Employing Minors in the Entertainment Industry: A Primer for Employers Doing Business in Canada

Employers that hire minors must comply with a myriad of special rules designed to protect the minor employee from, among other things, dangerous work, exploitation, and abuse. Legislators and courts have gone to great…more

Canada, Contract Formation, Employer Liability Issues, Entertainment Industry, Minors

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BALCA Decision Serves as Cautionary Tale on Recruitment Requirement

On December 29, 2016, the Board of Alien Labor Certification Appeals (BALCA) issued its decision in the Matter of Unisoft International, Inc., d/b/a SMA (“the Employer”), sending a signal to employers concerning their burden of…more

BALCA, DOL, Hiring & Firing, PERM, Recruitment Policies

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Puerto Rico Redesigns its Business Environment Through an Overhaul of its Employment Regime

In an effort to become more competitive in the face of a flagging economy, an attractive jurisdiction for establishing businesses and creating employment opportunities, and to increase talent acquisition and retention locally,…more

Labor Code, New Regulations, Puerto Rico, Wage and Hour

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Employees Now Have Greater Rights to Work Overtime in Wisconsin

According to a Wisconsin state law, employers are required to provide a consecutive 24-hour rest period every 7 days for employees in factory and mercantile workplaces. As a result of the budget bill recently signed by Governor…more

Manufacturers, New Legislation, Prevailing Wages, Rest and Meal Break, Retailers

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Same-Sex Spouses to be Covered by FMLA as of March 27, 2015

On February 25, 2015, the U.S. Department of Labor (DOL) finalized a new rule (which was published in the Federal Register) expanding protections under the Family and Medical Leave Act (FMLA) for same-sex married…more

DOL, Employer Mandates, Final Rules, FMLA, Same-Sex Marriage

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Poor Policy Publication Revives Sexual Harassment Suit in the Fifth Circuit

Maintaining a company anti-harassment policy on a bulletin board and website is not enough to avoid liability for sexual discrimination according to a recent decision. On July 20, 2016, the Fifth Circuit Court of Appeals revived…more

Affirmative Defenses, Anti-Harassment Policies, Appeals, Complaint Procedures, Employee Training

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NLRB Upends Traditional Backpay Formula Providing Potential Windfall to Employees

In calculating backpay owed to former employees the National Labor Relations Board (NLRB) has concluded were wrongfully terminated, the Board has historically deducted any interim earnings. In calculating interim earnings, the…more

Back Pay, Corporate Counsel, Employer Liability Issues, NLRB, Unfair Labor Practices

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Who Is Alexander Acosta, and Will He Be the New Labor Secretary?

Within less than 24 hours following the withdrawal of Andrew Puzder, President Trump’s first choice to fill the position of Secretary of Labor, the president announced at a press conference on Thursday, February 16 that his new…more

Nominations, Secretary of Labor, Trump Administration

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New Louisiana Laws Will Impact Employers

In recent months, the Louisiana Legislature has passed several bills that have been signed into law, which will affect Louisiana employers. These new laws are effective August 1. In addition, the governor signed an executive…more

Employee Tracking, Employer Mandates, Government Contractors, Governor Edwards, Hiring & Firing

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New IRS Qualified Plan Corrections Guidance

The Internal Revenue Service (IRS) issued two rounds of guidance modifying the Employee Plans Compliance Resolution System (EPCRS). The IRS guidance gives employers greater flexibility in correcting relatively common operational…more

Benefit Plan Sponsors, EPCRS, IRS, New Guidance, Revenue Procedure 2015-27

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Connecticut Legislature Makes Changes to Connecticut Paid Sick Leave Law

In its most recent legislative session, the Connecticut General Assembly passed a bill that enacted a number of changes to the law commonly referred to as the Connecticut Paid Sick Leave Law, which originally went into effect on…more

Employee Rights, Paid Leave, Sick Leave

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Massachusetts Superior Court Holds That Meal Breaks Are Compensable Unless Employees Are Relieved of All Work-Related Duties

In a decision that could spell trouble for Massachusetts employers, a judge in the Superior Court’s Business Litigation Session recently held that meal breaks count as “compensable working time,” for which employees must be…more

Corporate Counsel, FLSA, Predominance Requirement, Rest and Meal Break, Security Guards

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The New Wave of Data Breach Settlements

4.8 million. 10 million. 15 million. 25 million. Before 2014, these large numbers were likely to represent the number of individuals affected by a data breach. Today, they are the dollar figures that companies must spend to put…more

Data Breach, FCC, Financial Institutions, Popular, Regulatory Standards

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UPDATE: Ninth Circuit Upholds TRO Halting President Trump’s Immigration Travel Ban

On Thursday, February 9, 2017, the Ninth Circuit Court of Appeals denied the U.S. Department of Justice’s (DOJ) emergency motion for a stay in a case that suspended implementation of certain sections of an executive order (EO)…more

Appeals, DHS, DOJ, En Banc Review, Executive Orders

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Severe Delays at USCIS Create Need for Nimble Approach by Employers

U.S. Citizenship and Immigration Service (USCIS) service centers are experiencing severe delays in processing immigration cases due to an overwhelming backlog. USCIS has not publicly identified the cause of the delays or offered…more

H-1B, Time Extensions, USCIS, Visas

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What the DOJ/FTC’s Recent “Antitrust Guidance for Human Resource Professionals” Means for Employers

On October 20, 2016, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) jointly issued a publication entitled “Antitrust Guidance for Human Resource Professionals” which, according to the opening…more

Antitrust Provisions, DOJ, FTC, Hiring & Firing, Human Resources Professionals

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Immigration Travel Alert: New Executive Order Suspends Admission to the U.S. of Foreign Nationals From Certain Countries

On January 27, 2017, President Donald Trump signed an executive order suspending admission to the United States of foreign nationals from the following countries for a period of at least 90 days: Iran, Iraq, Libya, Somalia,…more

Executive Orders, Immigration Procedures, Refugees, Trump Administration

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You Said It, Now We’re Going to Hold You to It! Hospitals Estopped From Asserting Disqualification Argument.

In theory, it is not an unfair labor practice to refuse to negotiate with a union engaged in competition with the employer—unless, of course, the employer gave the union other reasons for refusing to negotiate. The National…more

Bausch & Lomb, Conflicts of Interest, Contract Negotiations, Defense Strategies, Disqualification

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Is Your Workplace Violence Plan Ready? 5 Essential Elements of a Comprehensive Plan

According to the U.S. Department of Justice, one out of every six violent crimes occurs in the workplace. These crimes include assaults, rapes, robberies, and—on rare occasions—homicides. Employees, customers, and third-party…more

Best Management Practices, DOJ, Employer Liability Issues, Employment Policies, Retailers

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Texas Introduces State Pay Equity Bill Banning Inquiries Into Prior Salaries

Following the growing trend of states enacting laws that address pay equity in the workplace, Texas State Representative Eric Johnson introduced House Bill 290 in the Texas legislature, seeking to amend the Texas Labor Code to…more

Employer Liability Issues, Equal Pay Act, Hiring & Firing, Multistate Corporations, Pay Equity Laws

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President Trump Announces Continuation of Protections for LGBTQ Workers on Federal Contracts

The White House announced on Tuesday, January 31, 2017, that Executive Order 13762, which prohibits discrimination against employees working for federal contractors on the bases of sexual orientation and gender identity, will…more

Anti-Discrimination Policies, Executive Orders, Federal Contractors, LGBTQ, Obama Administration

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Puerto Rico Redesigns its Business Environment Through an Overhaul of its Employment Regime

In an effort to become more competitive in the face of a flagging economy, an attractive jurisdiction for establishing businesses and creating employment opportunities, and to increase talent acquisition and retention locally,…more

Labor Code, New Regulations, Puerto Rico, Wage and Hour

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December 31 Section 409A Correction Deadline for Severance Pay Approaching

The Internal Revenue Service(IRS) has given employers until December 31, 2012 to correct a problem frequently found in severance agreements and other similar arrangements. If the problem is not addressed by that date, then it…more

Deferred Compensation, IRS, Section 409A, Severance Agreements, Severance Pay

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Payment Obligations for Mexico Employers: The 2017 Daily Minimum Wage and UMA

On December 19, 2016, it was issued in the Official Gazette of the Federation that the daily minimum wage for 2017 in Mexico will be Mex$80.04. Moreover, on December 31, 2016, the Law to Determine the Value of the Unit of…more

Employee Benefits, Mexico, Minimum Wage, Unit of Measure and Update (UMA)

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Can Employers Discipline Employees for “Self-Help Discovery”? Massachusetts Decision Raises More Questions Than Answers

Employers know all too well that employees sometimes help themselves to documents the employer would like to keep confidential. This is precisely why many employers require employees to sign confidentiality agreements and often…more

Anti-Retaliation Provisions, Confidential Information, Confidentiality Agreements, Corporate Counsel, Discipline

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The Employment Law Authority - March/April 2013

In This Issue: - Immigration. Washington takes the first step toward immigration reform. - State Round-Up. Learn about the latest employment law news in your state. - Traditional. Wade Fricke and Matthew Kelley…more

ADA, Discrimination, EEOC, H-1B, HIPAA

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Seventh Circuit Invites Supreme Court to Make Sexual Orientation Discrimination Actionable Under Title VII

Bound by its own precedent, the Seventh Circuit Court of Appeals again held that Title VII of the Civil Rights Act of 1964 does not redress sexual orientation discrimination in Hively v. Ivy Tech Community College, (7th Cir…more

Appeals, Corporate Counsel, DOMA, Educational Institutions, Employer Liability Issues

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New Jersey Veterans May Soon Be Entitled to Preferential Hiring in Non-Civil Service Jurisdictions

On December 3, 2015, Senate Bill 2145 was approved, 62-0, by the New Jersey Assembly. (The bill had already been passed by the New Jersey Senate in May.)…more

Hiring & Firing, Job Applicants, Pending Legislation, Veterans

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EEOC Announces New Process for 2016 EEO-1 Data File Uploads

The 2016 EEO-1 filing period is fast approaching. Once the 2016 Survey opens, companies will have until September 30, 2016 to complete their annual filing requirements. On July 25, 2016, the EEO-1 Joint Reporting Committee (JRC)…more

Annual Filings, E-Filing, EEO-1, EEOC, Reporting Requirements

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Latest USCIS Procedural Changes Add Delays and Uncertainty to Green Card Application Filing

The United States Citizenship and Immigration Services (USCIS) has again revised its procedures for determining whether foreign national applicants waiting to file their employment-based or family-sponsored preference adjustment…more

Adjustment of Status, Green Cards, Popular, US Department of State, USCIS

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"Toxic” Mold Claims: Steps to Prevent and Aggressively Defend

TOXIC MOLD. SICK BUILDING SYNDROME. MOLD SICKNESS. These are some of the popular catch phrases employed by those who seek to profit by perpetuating the mythology that has fueled a cottage litigation industry of mold hysteria for…more

Mold Litigation, Toxic Mold

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New Jersey Supreme Court Reshapes Sexual Harassment Claims

On February 11, 2015, the New Jersey Supreme Court issued a landmark ruling that will reshape hostile work environment sexual harassment cases brought under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -49…more

Discrimination, Employer Liability Issues, Faragher/Ellerth defense, Hostile Environment, NJ Supreme Court

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Philadelphia Goes Beyond Ban the Box

On December 15, 2015, Mayor Michael Nutter signed a bill amending Philadelphia’s “ban the box” law, formally titled the Fair Criminal Records Screening Standards Ordinance, which was enacted in 2011. With these amendments,…more

Ban the Box, Corporate Counsel, Employer Liability Issues, Hiring & Firing, Local Ordinance

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MSHA Issues New Workplace Exam Proposed Rule

The Mine Safety and Health Administration (MSHA) announced today that it was issuing a notice of proposed rulemaking that will amend the Workplace Examination regulation at 30 C.F.R. § 56.18002 (Surface) and § 57.18002…more

Comment Period, Corrective Actions, Mine Safety and Health Administration (MSHA), Mining, NPRM

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Diversity in the Legal Profession: Practical Challenges and Every Attorney’s Role in a Successful Outcome

In March of 2013, the Louisiana State Bar Association hosted its sixth annual Conclave on Diversity in the Legal Profession. The purpose of this conclave is to “encourage discussion among judges and attorneys, primarily hiring…more

Bias, Career Development, Discrimination, Diversity, Law Practice Management

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First Circuit Favors Broad Application of Analogue to Airline Deregulation Act Preemption Provision

On September 30, 2014, in Massachusetts Delivery Association v. Coakley, No. 13-2307 (September 30, 2014), the First Circuit Court of Appeals overturned a lower court’s refusal to preempt a Massachusetts independent contractor…more

Airlines, Appeals, Employer Liability Issues, FAAAA, Independent Contractors

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Legislative Update for Minnesota Employers: Paid Leave Bills Advance, Cell Phone Hands-Free Bill Introduced

Employers with employees in Minnesota—and in particular, those with employees in the cities of Minneapolis and/or St. Paul—may be interested in the status of several bills that have been introduced in the Minnesota Legislature…more

Cell Phones, Distracted Driving, Governor Dayton, Local Ordinance, Paid Family Leave Law

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Taking a Page Out of the Olympic Playbook: A Spotlight on National Collegiate Anti-Doping Policies

With the increase in athletic competition often comes an increase in methods to find a competitive edge. Prior to this year’s Olympic games in Rio, several international athletes tested positive for performance enhancing drugs…more

Anti-Doping Issues, Athletes, NCAA, Olympics

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Indiana Court of Appeals Rules on Irreparable Harm, Laches, Extension Clauses, and More in Recent Restrictive Covenant Case

The Indiana Court of Appeals recently issued a restrictive covenant ruling addressing several significant issues. On November 30, 2016, in Hannum Wagle & Cline Engineering, Inc. v. American Consulting, Inc., the Indiana Court of…more

Appeals, Contract Terms, Enforceability, Irreparable Harm, Laches

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Rubber, Meet Road: The Arduous Task of Translating Campaign-Talk into Action to Repeal (and Replace?) Obamacare

The creation and implementation of the Patient Protection and Affordable Care Act (ACA or Obamacare) was a long, strange trip beset throughout by policy disagreements, shifting political winds, backroom legislative dealings,…more

Affordable Care Act, Executive Orders, Legislative Agendas, Trump Administration

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New 2015-2016 Employment Laws for Oregon Businesses

The 2015 Oregon legislature has adjourned, but not before handing Oregon businesses a number of significant new employment laws. Below is a brief summary of the new legislation, all of which Governor Kate Brown has signed, that…more

Ban the Box, Best Management Practices, Employment Policies, Hiring & Firing, Kate Brown

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DOL Clarifies When an Employer’s LCA Wage Obligations Cease to Terminated Workers Who Obtain Subsequent Approved H-1B Employment

On December 22, 2014, the U.S. Department of Labor’s (DOL) Administrative Review Board (ARB) issued an important Final Order and Decision clarifying precisely when an H-1B employer’s Labor Condition Application (LCA) back pay…more

Administrative Review Board, DOL, Employer Liability Issues, Former Employee, H-1B

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Fido Can’t Help Ring in the New Year (Unless He’s a True Service Animal)

Individuals wishing to begin the new year by taking a beloved pet or emotional support animal out to a restaurant may run into new legal deterrents in some states. While the Americans with Disabilities Act (ADA) entitles people…more

ADA, Misrepresentation, New Regulations, Service Animals

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Ninth Circuit Holds No Status Quo Obligation During First Contract Negotiations Under Railway Labor Act

On June 8, 2015, in International Brotherhood of Teamsters, Airlines Division v. Allegiant Air, LLC, No. 14-16465 (June 8, 2015), the Ninth Circuit Court of Appeals ruled that under the Railway Labor Act (RLA), employers are not…more

Collective Bargaining, Contract Negotiations, Railway Labor Act, Teamsters, Union Representatives

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OSHA’s New Chemical NEP: Serious Violations Preferred and EPA Referrals Encouraged

On January 17, 2017, the outgoing administration left one last gift for the Process Safety Management (PSM) community: a new national emphasis inspection program. As the compliance directive notes, “Any violation of the PSM…more

EPA, NEP, Obama Administration, OSHA, Process Safety Management

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The Value Proposition

This article is reprinted with permission from the third edition of U.S. News – Best Lawyers “Best Law Firms.” Kim Ebert, the managing shareholder of Ogletree Deakins, was asked to contribute an article to the third edition of…more

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Do Discharges Resulting From a Career Planning Program Amount to Group Termination Under the OWBPA?

In Barnes v. The Hershey Company, No. 3:12-cv-01334, Judge Charles R. Breyer of the U.S. District Court for the Northern District of California granted summary judgment to an employer on the age claims brought by several former…more

ADEA, Adverse Employment Action, Age Discrimination, Contract Negotiations, Hersheys

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Yule Time Tips, Part III: Holiday Gifts Under Increasing Scrutiny

During the holidays, many of us like to show our appreciation to clients by sending gifts or entertaining them with special dinners or other fun and festive celebrations of the season. But be careful. Corporate gift policies…more

Corporate Gifts, Holiday Gifts, Holidays

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The Employment Law Authority - January/February 2017

A Moving Target: The Not So Final Overtime Rule - On November 22, 2016, a federal judge for the Eastern District of Texas issued a preliminary injunction temporarily blocking the U.S. Department of Labor (DOL) from…more

Collective Bargaining Agreements (CBA), Data Security, Discrimination, DOL, e-Discovery

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Zika and the Hospitality Employer: Evolving Concerns as the Virus Comes to the U.S.

We’ve previously answered some basic questions that employers may have when their employees work in or visit locations where exposure to Zika virus is a risk. With recent news concerning the first cases of transmission of the…more

Employer Liability Issues, Force Majeure Clause, Hospitality Industry, Infectious Diseases, Interim Guidance

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New Louisiana Laws Will Impact Employers

In recent months, the Louisiana Legislature has passed several bills that have been signed into law, which will affect Louisiana employers. These new laws are effective August 1. In addition, the governor signed an executive…more

Employee Tracking, Employer Mandates, Government Contractors, Governor Edwards, Hiring & Firing

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Alaska Voters Approve Measure Legalizing Marijuana for Adult Recreational Use

On November 4, 2014, Alaska voters approved a ballot initiative legalizing the recreational use of marijuana for adults aged 21 and over. With passage of the measure, Alaska joined Washington, Oregon, Colorado, and the District…more

Alaska, Ballot Measures, Decriminalization of Marijuana, Marijuana

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OFCCP Issues Final Rule on Sex Discrimination

On June 14, 2016, the Office of Federal Contract Compliance Programs (OFCCP) announced publication of its long-awaited final rule on sex discrimination. This rule, in the form of regulations, updates the OFCCP’s 1970 guidance on…more

Equal Opportunities, Federal Contractors, Final Rules, Gender Discrimination, Gender Identity

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U.S. DOL Suffers Set Back on Tip-Pooling Regulations

A federal district court recently invalidated regulations issued by the U.S. Department of Labor (DOL) that prohibit employees from including non-tipped employees in a tip pool in certain situations…more

DOL, FLSA, Tip Credit, Tip-Pooling, Tips

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New California Law Allows Employers to Correct Wage Statements to Avoid Litigation—Review Your Wage Statements Now

On October 2, 2015, Governor Jerry Brown signed into law Assembly Bill 1506 (AB 1506). The new law amends the California Private Attorneys General Act (PAGA) to allow employers the right to “cure” certain commonly litigated…more

Amended Legislation, Employer Liability Issues, Jerry Brown, Labor Code, PAGA

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2015 Will Usher In Increased FLSA Liability for Home Health Care Agencies

On Tuesday, September 17, 2013, the U.S. Department of Labor (DOL) issued a final rule extending the Fair Labor Standard Act’s (FLSA) minimum wage and overtime protections to an estimated two million home health care workers…more

Companionship Exemptions, DOL, FLSA, Home Health Care, Minimum Wage

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New York City Legislation Protecting Gig Workers Heads to Mayor’s Desk

On October 27, 2016, the New York City Council passed legislation that would establish protections for freelance workers. “Establishing protections for freelance workers” (Int 1017-2015) protects independent contractors’ rights…more

Freelance Workers, Gig Economy, Independent Contractors, Labor Standards Enforcement, Pending Legislation

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The New California Regulations Part IV: Support Animals in the Workplace

The California Office of Administrative Law recently approved regulations drafted by the California Fair Employment and Housing Council. These new regulations, covering the entire gamut of employment law topics within the Fair…more

Anti-Retaliation Provisions, Assistive Animals, Corporate Counsel, Employer Liability Issues, FEHA

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NLRB Rules That Employee who Launched “F-Bombs” at Company Owner Did Not Lose Protection Under Federal Labor Law

If an employee curses at and blatantly disrespects the owner of the company for whom he works, most people would reasonably conclude that the employee can be discharged. However, a recent decision issued by the National Labor…more

Employee Rights, NLRA, NLRB, Obscenity

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NLRB Issues New Guidance on At-Will Disclaimers

The Office of the General Counsel (GC) of the National Labor Relations Board (NLRB or Board) recently issued two advice memoranda that shed some light on the legality of employers’ “at-will” disclaimers in employee handbooks and…more

At-Will Employment, Employee Handbooks, Employment Contract, NLRA, NLRB

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Eleventh Circuit Overturns Decades of Precedent in Holding that Job Applicants Cannot Claim Disparate Impact Under the ADEA

Sitting en banc, the Eleventh Circuit Court of Appeals recently issued a ruling that affects whether job applicants may bring disparate impact claims in discrimination lawsuits under the Age Discrimination in Employment Act…more

ADEA, Corporate Counsel, Disparate Impact, Disparate Treatment, En Banc Review

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Cracking the Door? The Eleventh Circuit Again Considers When Out-of-Court FLSA Settlements Are Enforceable

In 1982, the Eleventh Circuit Court of Appeals held in Lynn’s Food Stores, Inc. v. United States that employers and employees cannot settle claims under the Fair Labor Standards Act (FLSA) unless (1) the settlement is supervised…more

FLSA, Over-Time, Settlement, Wage and Hour, Wages

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Raising the Bar to a Perfect Score: Corporate Equality Index to Look for Expanded Health Benefits as Measure of LGBT Workplace Equality and Inclusion

Employers looking for strong scores on the Corporate Equality Index (CEI) in coming years may have to make some unexpected changes to their health benefit programs. Benefit programs are one key component of CEI ratings,…more

Affordable Care Act, Benefit Plan Sponsors, Corporate Equality Index (CEI), Employee Benefits, Employer Group Health Plans

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The Employment Law Authority - May/June 2016

The minimum salary threshold to qualify for the executive, administrative, and professional exemptions to the Fair Labor Standards Act (FLSA) will more than double on December 1, 2016, from $23,660 per year to $47,476 per year…more

Anti-Discrimination Policies, Anti-Retaliation Provisions, Ban the Box, Criminal Background Checks, Electronic Reporting

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New Jersey Supreme Court Holds Stealing Documents to Support Discrimination Claims Can Be Prosecuted as Theft

In State v. Saavedra (A-68-13, June 23, 2015), the New Jersey Supreme Court upheld the criminal indictment of a public sector employee who stole confidential documents to support her discrimination and retaliation claims. As we…more

Appellate Courts, Confidential Documents, Criminal Prosecution, Discrimination, Indictments

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What Is a Sincere Religious Belief? The Fifth Circuit Weighs In On a Religious Discrimination Claim

In a 2-to-1 decision written by Judge Edward Prado, the Fifth Circuit Court of Appeals recently chimed in on an employee’s claim that her employer failed to accommodate a religious observance, for which “she believed strongly…more

Corporate Counsel, Religion, Religious Discrimination

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Third Circuit Upholds Subgroup Disparate Impact Claims Under the ADEA

The Third Circuit Court of Appeals recently created a circuit split when it disagreed with prior decisions from the Second, Sixth, and Eighth Circuits regarding the Age Discrimination in Employment Act of 1967 (ADEA). In Karlo…more

ADEA, Appeals, Disparate Impact, Employer Liability Issues, Hiring & Firing

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The Employment Law Authority - November/December 2013

In This Issue: - Harassment. Are your executive training programs effective? - State Round-Up. Learn about the latest employment law news in your state - Unions. Harold Coxson and Baker Wyche discuss the new…more

ADA, Compliance, Employer Liability Issues, FMLA, Harassment

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The Employment Law Authority - September/October 2015

On October 16, 2015, the U.S. Department of Homeland Security (DHS) released a notice of proposed rulemaking (NPRM) concerning new rules for extending the Optional Practical Training (OPT) program for international students with…more

ADA, Browning-Ferris Industries of California Inc., DHS, DOL, E-Verify

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Seattle Retail and Food Services Employers Beware: New City Ordinance Restricts Scheduling Practices

The Seattle City Council unanimously passed a bill on September 19, 2016, enacting secure scheduling regulations for large employers in the retail and fast food businesses. Seattle is the second city, after San Francisco, to…more

Fast-Food Industry, Local Ordinance, Retailers, Wage and Hour, Work Schedules

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Mine Your Own Business? Three Neighboring Mines Don’t Meet WARN Act “Single Site of Employment” Test

When are sister corporations considered a “single employer” under the Worker Adjustment and Retraining Notification Act (WARN Act)? And when are their worksites considered a “single site of employment”?…more

Affiliates, Class Certification, Corporate Counsel, Layoffs, Mining

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Are Pennsylvania Employers Safe to Prohibit Recordings in the Workplace?

In an age of smartphones and wearable technology, one cannot escape the possibility that he or she is being recorded at any given time. The workplace is not immune from such possibilities as employees often carry—or sometimes…more

Audio Recording, Consent, NLRA, NLRB, Policies and Procedures

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AAO National Interest Waiver Decision May Open Doors for a Broader Group of Professionals and Entrepreneurs Seeking Green Cards

On December 27, 2016, the Administrative Appeals Office (AAO) —the appellate body for U.S. Citizenship and Immigration Services (USCIS)—announced a new standard for National Interest Waiver visa petitions in a precedent…more

Administrative Appeals, DOL, Entrepreneurs, Green Cards, Labor Certifications

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You’ve Got Mail … if You’re an Employer: Seventh Circuit Rules Employees Are Not Entitled to Same Visa Revocation Notice

On August 3, 2016, the U. S. Court of Appeals for the Seventh Circuit ruled that only employers are to be provided notice and receive information on decisions on visa petitions issued by United States Citizenship and Immigration…more

Appeals, Green Cards, H-1B, Labor Certifications, Notice Requirements

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Senators Propose Bipartisan Bill to Secure Relief for DREAMers

On December 9, 2016, Senators Dick Durbin (D-IL) and Lindsey Graham (R-SC) introduced bipartisan legislation that would provide DREAMers with employment authorization and temporary protection from removal. The term “DREAMers”…more

BRIDGE Act, DACA, DHS, Employment Authorization Documents (EAD), Proposed Legislation

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Attention—The DOL Has Made its FMLA Poster More “Reader Friendly”!

Generally, the Family and Medical Leave Act (FMLA) provides eligible employees of covered employers with up to 12 workweeks of unpaid leave for certain family and medical reasons, with continuation of group health insurance…more

Covered Entities, DOL, FMLA, Posting Requirements

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The Employment Law Authority - December 2014

In This Issue: - Justices Issue Pro-Employer Rulling in FLSA Case - Ogletree Deakins Named A "Law Firm of the Year" - California Mandates Anti-Bullying Training for Supervisors - OFCCP Issues Final…more

Amazon, Bullying, Discrimination, Email, Federal Contractors

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Third Circuit Upholds Subgroup Disparate Impact Claims Under the ADEA

The Third Circuit Court of Appeals recently created a circuit split when it disagreed with prior decisions from the Second, Sixth, and Eighth Circuits regarding the Age Discrimination in Employment Act of 1967 (ADEA). In Karlo…more

ADEA, Appeals, Disparate Impact, Employer Liability Issues, Hiring & Firing

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Fourth Circuit Joins D.C. Circuit In Striking Down NLRB Notice Posting Rule

In a resounding victory for employers across the nation, the Fourth Circuit Court of Appeals affirmed a recent decision of the U.S. District Court for the District of South Carolina, striking down the National Labor Relations…more

NLRA, NLRB, Notice Requirements, Posting Requirements

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Supreme Court Eliminates Notice-and-Comments for Some Agency Interpretations

On March 9, 2015, the Supreme Court of the United States ruled that the Paralyzed Veterans doctrine, which requires an agency to use the notice-and-comment procedures of the Administrative Procedure Act (APA) when issuing a new…more

Administrative Procedure Act, Corporate Counsel, DOL, FLSA, Legal History

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New York’s Wage Deduction Law in Effect for Three More Years

On October 26, 2015, New York Governor Andrew Cuomo signed State Assembly bill A07594, extending the expiration period of 2012 amendments to New York Labor Law §193, which had permitted employers to make deductions from employee…more

Amended Regulation, Governor Cuomo, Labor Code, Wage Deductions, Wages

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Arizona Court Of Appeals Decision Highlights Employer’s Burden Of Proving Disqualification From Unemployment Benefits

The Arizona Court of Appeals recently issued an opinion overturning the Unemployment Insurance Appeals Board’s denial of unemployment benefits to an employee who was terminated for excessive tardiness…more

Burden of Proof, Disqualification, Hiring & Firing, Unemployment Benefits, Willful Misconduct

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When Rolling the Dice Didn’t Lead to Success: Visa Options After the H-1B Cap Lottery

Employers seek predictability when hiring employees. You don’t need to be a mathematician (although that might help qualify you as an outstanding researcher) to know that the odds of being selected in U.S. Citizenship and…more

E-1, E-2, E-3, Foreign Students, H-1B

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Amendments to D.C. Accrued Sick and Safe Leave Act Creates New Hurdles for Employers

The District of Columbia’s Accrued Sick and Safe Leave Act of 2008 (ASSLA), which requires employers to provide paid leave to employees for their own or a family member’s illness as well as in certain other situations, was…more

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A Call-to-Action: Obama Administration Encourages States to Ban Noncompetes for Low-Wage Workers and Certain Other Employees

On October 25, 2016, the Obama administration released a fact sheet announcing the steps that the White House is taking to “enhance competition to benefit consumers, workers, and entrepreneurs.” The administration’s actions come…more

Competition, Defend Trade Secrets Act (DTSA), Entrepreneurs, Executive Orders, Non-Compete Agreements

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NLRB Throws in the Towel on Notice Posting Rule

In the end, the notice posting rule proposed by the National Labor Relations Board (NLRB) died not with a bang, but with a whimper. The NLRB’s proposed rule was earlier struck down by both the Fourth Circuit Court of Appeals and…more

NLRB, Notice Requirements

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New EEOC Resource Document: More Questions Than Answers About Return-From-Leave Under the ADA

On May 9, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) released a resource document titled, “Employer-Provided Leave and the Americans with Disabilities Act,” which offers insights into when employers should…more

ADA, EEOC, Medical Leave, Reasonable Accommodation, Resource Guide

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The Employment Law Authority - March/April 2016

A federal appellate court recently held that an employer did not violate the Americans with Disabilities Act (ADA) when it discharged an employee who had been sleeping at work and falling short of the employer’s performance…more

ABC Test, ADA, Class Action, Deferred Action, DOL

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The Employment Law Implications of the Marijuana Ballot Initiatives

On November 8, 2016, voters in several states passed medical or recreational marijuana measures each of which will likely impact employers. As this area of law is developing quickly, and since the Trump administration’s position…more

Decriminalization of Marijuana, Marijuana, Medical Marijuana

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