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

Philadelphia Releases Sick Leave Poster

On May 13, 2015, Philadelphia’s paid sick leave ordinance, formally entitled “Promoting Healthy Families and Workplaces,” becomes effective. In addition to the key provisions of the ordinance requiring certain employers to…more

Paid Leave, Posting Requirements, Sick Leave

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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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Are You a Joint Employer? WHD Issues Guidance in the Form of an Administrator’s Interpretation

On January 20, 2016, the Wage and Hour Division (WHD) of the U.S. Department of Labor released an Administrator’s Interpretation (AI) on joint employment under the Fair Labor Standards Act (FLSA) and Migrant and Seasonal…more

DOL, Employer Liability Issues, FLSA, Joint Employers, Migrant Workers

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The Rising Minimum Wages and Tip Credits for 2016: An Overview

Effective January 1, 2016, 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 have, by far, one of the highest…more

Corporate Counsel, FLSA, Local Ordinance, Minimum Wage, Popular

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Worker Failed to Show Pretext Following Contract Nonrenewal

The district court properly dismissed a former employee’s retaliation claim under the Americans with Disabilities Act (ADA) because she failed to prove that the employer’s performance-based reasons for her termination were a…more

ADA, Adverse Employment Action, Disability Discrimination, Dismissals

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DHS’s Deadline to Promulgate Final STEM OPT Regulations Extended to May 10, 2016

On January 23, 2016, the U.S. District Court for the District of Columbia granted the Department of Homeland Security’s (DHS) request to extend the deadline to finalize the new set of Optional Practical Training (OPT)…more

DHS, NPRM, OPT, Public Comment, STEM

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New York State Department of Labor Publishes Revised Proposed Regulations Governing Use of Payroll Debit Cards

On October 28, 2015, the New York State Department of Labor (NYSDOL) published revised proposed regulations modifying its draft regulations (which were initially published on May 27, 2015) governing permissible methods of wage…more

Consent, Debit Cards, Notice Requirements, Payroll Cards, Proposed Legislation

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Buyer Beware

Recently, the Ohio Supreme Court issued a decision that highlighted the fact that companies cannot assume that the forms and agreements of a prior company will provide the same protections for a successor company. In Acordia of…more

Assignments, Non-Compete Agreements

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Swipe Left to Avoid Liability: Policing Dating Apps in the Workplace

According to a 2015 survey, nearly two-thirds of people in the United States and over 2 billion people worldwide own smartphones. For some smartphone users, their phones are their only avenue of access to the Internet. Alongside…more

Bring Your Own Device, Corporate Counsel, Dating Services, Love Contracts, Mobile Devices

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

The Occupational Safety and Health Administration’s (OSHA) Form 300A, which lists a summary of the total number of job-related injuries and illnesses that occurred during 2014 at each workplace, must be posted between February 1…more

Employer Mandates, OSHA, Popular, Posting Requirements

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NLRB to Consider Whether Grad Students at Private Universities Are “Employees” Covered by the NLRA

Whether graduate student assistants at private universities are “employees” covered by the National Labor Relations Act (NLRA) might soon be taken up (again) by the National Labor Relations Board (NLRB). Since overruling…more

Collective Bargaining, Graduate Students, NLRA, NLRB, UAW

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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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OSHA's Delay in Launching Its Web Portal Raises Concerns for the Proposed Recordkeeping Rule

At the start of 2015, the Occupational Safety and Health Administration (OSHA) made several changes to its regulations requiring employers to report certain work-related injuries and illnesses. Under the previous rule, employers…more

OSHA, Popular, Portal, Recordkeeping Requirements, Reporting Requirements

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Ebola and the Evolution of Personal Protective Equipment Recommendations

The use of Personal Protective Equipment (PPE) is evolving in ways that could not have been foreseen, as a collective brain trust of medical experts and front line workers push for modifications of PPE guidelines to wall off any…more

Ebola, Protective Gear

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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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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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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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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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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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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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Oil Field Employers Post-McMaster: Still Searching for Clarity on the TCA’s Impact on the Motor Carrier Act Exemption

In McMaster v. Eastern Armored Services, Inc., No. 14-1010 (March 11, 2015), the Third Circuit Court of Appeals issued one of the first federal appellate court opinions discussing the SAFETEA-LU Technical Corrections Act of…more

Drivers, Exempt-Employees, FLSA, Motor Carrier Act, Oil & Gas

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The Employment Law Authority - January/February 2014

In This Issue: - FAMILY TRIP HELD PROTECTED BY FMLA - Court Finds Worker Continued To Care For Her Ill Mother - WELCOME TO FABULOUS LAS VEGAS! Workplace Strategies 2014 Heading Toward A Sellout - Wage & Hour. State…more

Canning v NLRB, Employee Rights, FMLA, Human Resources Professionals, NLRB

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Yule Time Tips, Part I: Gifts That Keep on Giving—Holiday Gifts for Colleagues

As the end of the year and the holidays draw near, many of us will express our gratitude to friends and family by exchanging gifts. As we are making our holiday gift lists, we may also find ourselves considering gifts for our…more

Employment Policies, Holiday Gifts, Holidays

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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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The Interactive Process Dance, Part Two: What Happens When the Music Stops?

Part one of this two-part series covered the details of the interactive process in California and discussed a scenario in which the employee fails to respond to the employer’s attempts to communicate on an accommodation to his…more

Disability, Employer Liability Issues, Interactive Process, Reasonable Accommodation

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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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New York Bill Follows California’s Lead to Recognize Professional Cheerleaders as Employees

It’s official—professional cheerleaders are now recognized as employees under California law. On July 15, 2015, California Governor Jerry Brown signed a bill that requires all California-based professional sports teams to pay…more

CFPA, Cheerleaders, Employee Definition, Franchises, Independent Contractors

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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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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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Employers Obtain Relief From Oppressive and Risky Michigan Wage Garnishments

A wage garnishment is a court order that assists plaintiffs with the collection of judgments. Such an order requires an entity to withhold money (i.e., wages) owed to a judgment debtor and divert it to a judgment creditor in…more

Employer Liability Issues, Judgment Creditors, Judgment Debtors, New Legislation, Wage Garnishment

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U.S. Diversity Visa Lottery Offers Alternative Immigration Path for Employees Subject to Backlogs

The U.S. Department of State opened the Diversity Visa (DV) lottery registration for FY 2017 at noon eastern standard time (EST) on October 1, 2015. It will close on Tuesday, November 3, 2015, at noon (EST). The DV program…more

Diversity Lottery, Employees, Employment Authorization Documents (EAD), Green Cards, Lawful Permanent Residents

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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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Massachusetts Sick Leave Law—Full Compliance Deadline Looming

Readers are probably aware that last year, Massachusetts voters approved a new sick leave law that went into effect on July 1, 2015. Many employers with preexisting leave policies, however, took advantage of the so-called “safe…more

Deadlines, Employer Liability Issues, Paid Leave, Posting Requirements, Safe Harbors

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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 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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Independent Contractor or Employee: How Some Countries Differ

In this series of blog posts, we have examined the use of independent-contractor relationships by multinational organizations. In our last three posts, we identified issues for global entities that are considering using…more

Classification, Full-Time Employees, Independent Contractors, International Labor Laws

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Liquidated Damages: A Viable Alternative to Noncompetition Agreements in Louisiana?

The Louisiana Third Circuit Court of Appeal recently issued an opinion that might pave the way for employers to use liquidated damages as a means of discouraging competition by former employees in certain circumstances. In…more

Employee Training, Employment Contract, Liquidated Damages, Non-Compete Agreements, Recoupment

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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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Second Circuit Expands Protections for Internal Whistleblowers

As we forecast in our August 2015 post, “The SEC’s Interpretative Guidance on Internal Whistleblowing Under the Dodd-Frank Act,” a federal court of appeals today issued a decision in line with the U.S. Securities and Exchange…more

Administrative Interpretation, Adverse Employment Action, Dodd-Frank, Employer Liability Issues, Hiring & Firing

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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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Employee Not Entitled To Compensation For Time Spent Commuting To And From Job Sites And Home In Company Vehicle While Carrying Company Tools

In a recent decision, the Connecticut Supreme Court found that a plumbing foreman was not entitled to compensation for the time he spent commuting to and from job sites and his home at the beginning and end of his workday, even…more

Commuting, Company Cars, Employment Policies, FLSA, Wage and Hour

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NLRB to Consider Whether Grad Students at Private Universities Are “Employees” Covered by the NLRA

Whether graduate student assistants at private universities are “employees” covered by the National Labor Relations Act (NLRA) might soon be taken up (again) by the National Labor Relations Board (NLRB). Since overruling…more

Collective Bargaining, Graduate Students, NLRA, NLRB, UAW

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California Court Upholds a Reduction of Attorneys’ Fees but Reverses a Reduction of Costs

In a recent, unpublished opinion Myres v. San Francisco Housing Authority, a California Court of Appeal reversed a trial court’s order reducing the amount of costs a plaintiff had claimed as a result of limited success at trial…more

Appeals, Employer Liability Issues, Hostile Environment, Litigation Fees & Costs, Public Housing Authorities

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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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DOL’s Recent Guidance on the “Economic Realities” Test and Effects on Independent Contractor Misclassification in the Energy Industry

Paying hot-shot drivers by the load or mile? Contracting out repair work to vehicles or machinery? Are individuals who regularly perform work integral to your business being paid through accounts payable? Have welders that you…more

Administrative Interpretation, DOL, Economic Realities Test, FLSA, Independent Contractors

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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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Single Act of Disobedience Does Not Disqualify Employee From Unemployment Benefits, California High Court Rules

On July 3, 2014, the California Supreme Court decided whether a single act of disobedience by an employee constitutes misconduct within the meaning of section 1256 of California’s Unemployment Insurance Code, thereby…more

Employee Benefits, Unemployment Benefits, Unemployment Insurance

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DHS Issues Proposed Rule for Changes to Employment of High-Skilled Foreign Workers

On December 30, 2015, the U.S. Department of Homeland Security (DHS) released a notice of proposed rulemaking (NPRM) concerning employment-based visa programs for high-skilled workers. The notice is published in the December 31,…more

ACWIA, Adjustment of Status, Comment Period, Corporate Counsel, DHS

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Here We Go Again—The Robert C. Byrd Mine Safety Protection Act

For the fourth time since the Upper Big Branch coal mine explosion in April 2010, a Congressional bill proposes to further amend the Federal Mine Safety and Health Act of 1977. The Robert C. Byrd Mine Safety Protection Act was…more

Byrd Amendment, Coal Mines, Government Investigations, Legislative History, Mine Act

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HRA Access for Spouses and Dependents: A New Wrinkle for Form 1095-C

Imagine that you are filling out Internal Revenue Service Form 1095-Cs for 2015 for an employer that offers employees the opportunity to elect self-only or family coverage under a minimum value group health plan. The plan…more

Affordable Care Act, Dependents, Employer Group Health Plans, Form 1095, HRA

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New York City Passes Bill Prohibiting Employers From Requesting or Using Credit History in Employment Decisions

On April 16, 2015, the New York City Council passed a bill to amend the New York City Human Rights Law (NYCHRL) to prohibit employers from requesting or using an individual’s credit history in making employment decisions…more

Background Checks, Credit History, Hiring & Firing, Human Rights, New Legislation

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Do Your Employees Have the Right to a Union Rep During a Drug Test?

On August 27, 2015, a three-member panel of the National Labor Relations Board (NLRB) issued Manhattan Beer Distributors, LLC and Joe Garcia Diaz, (29-CA-115694) finding that an employer had unlawfully denied an employee his…more

Corporate Counsel, Drug Testing, Employer Liability Issues, NLRB, Union Representatives

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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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DHS Funding Hangs In Balance While Congress Squares Off Over Executive Action on Immigration

Congressional standoff over immigration plays out through debate on DHS funding bill - A chess match continues to be fought in Congress over the fate of President Obama’s executive action on immigration. The standoff is…more

Barack Obama, DACA, DAPA, DHS, 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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Advertising Requirements in PERM—A Survey of BALCA’s Application of 20 CFR § 656.17(f)(7)

The U.S. Department of Labor’s (DOL) permanent labor certification (PERM) program requires employers to conduct specific recruiting activities to test the labor market before filing an application. The regulation at 20 CFR §…more

Advertising, BALCA, Criminal Background Checks, DOL, Employee Housing

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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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Texas Supreme Court Vindicates Employer That Uniformly Enforced its Leave Policy

On December 4, 2015, the Texas Supreme Court vacated a jury verdict in favor of a former employee who had alleged workers’ compensation retaliation, rendering judgment in favor of the employer and finding that the employee had…more

ADA, FMLA, Jury Verdicts, Leave of Absence, Retaliation

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What Does 'Noel Canning' Mean for the NLRB's Previously Decided Cases?

A comprehensive summary of the most significant previously-issued NLRB decisions up for reconsideration now that the U.S. Supreme Court has declared President Obama's recess NLRB appointments unconstitutional…more

Canning v NLRB, Costco, Hispanics United of Buffalo, Karl Knauz Motors, Marriott

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What’s Driving the 2016 Regulatory Agenda for Labor and Employment Regulations?

As President Barack Obama enters the final year of his term in office, his far-reaching regulatory agenda for 2016 is full of labor and employment proposals that have eluded his predecessors. "In Washington, no bad idea ever…more

Barack Obama, CRA, Regulatory Agenda, SBREFA

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Per Diems and the Regular Rate of Pay: What to Know for Your Overtime Calculation

The United States District Court for the Northern District of Oklahoma in Sharp v. CGG Land (U.S.) Inc., No. 14-cv-0614 (October 19, 2015), recently ruled in favor of an employer that had excluded per diem payments from a…more

Collective Actions, Commercial Truck Drivers, FLSA, Per Diem, Trucking Industry

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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 Enacts Parental Leave for Both Mothers and Fathers

In one of his last acts as governor, former-Governor Deval Patrick signed into law on January 7, 2015 an amendment to the previous Massachusetts Maternity Leave Law that extends eight weeks of unpaid leave to both male and…more

Amended Legislation, Deval Patrick, Employee Rights, Employer Mandates, Family Members

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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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Immigration Update: State Department Announces Longer Delay in Visa Processing Times

Last week, the U.S. Department of State’s (DOS) visa processing database, which controls the issuance of visas and passports at the U.S. consulates abroad, experienced system performance issues (including outages) leading to…more

Delays, Passports, US Department of State, Visas

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The Proposed Overtime Regulations: What They Say, What They Mean, and What To Do Now

The U.S. Department of Labor (DOL) issued its long-awaited proposed rule that would change the federal regulations of the Fair Labor Standards Act’s (FLSA) overtime provisions in a June 30, 2015 Notice of Proposed Rulemaking…more

DOL, Exempt-Employees, FLSA, Over-Time, Popular

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NLRB’s New “Ambush Election" Rules Go Into Effect: Is Your Organization Ready?

On April 14, 2015, after a four-year battle, the National Labor Relations Board’s (NLRB) final “ambush election” rules, which will dramatically shorten the time between requests for a vote and a union election, go into effect…more

Ambush Election Rules, NLRB

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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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Do I or Don't I?—Alcoholism and Accommodations in the Workplace

Any college football fan can attest that this has been quite the year for upsets. As interesting as the on-field action has been, we have seen increasing media attention and fan commentary focused on the action off the…more

Disability Discrimination, FEHA, Hiring & Firing, Reasonable Accommodation, Substance Abuse

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President Obama Orders Federal Contractors to Provide Paid Sick Leave

At a Labor Day speech in Boston, President Obama announced a new executive order that will require federal contractors to provide covered employees with paid sick leave. Executive Order 13706 was published in the Federal…more

Barack Obama, Davis-Bacon Act, Executive Orders, Federal Contractors, FLSA

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Puerto Rico's Qualifying Employees May Use Paid Sick Leave to Care for Others

Effective December 31, 2015, all employers in Puerto Rico with at least 16 employees must allow eligible employees to use up to 5 paid sick leave days to care for an ill spouse, parent, or child. Eligible employees are those…more

Caregivers, FMLA, Paid Leave, Puerto Rico, Sick Leave

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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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Can a Massachusetts Religious School Refuse to Employ a Worker in a Same-Sex Marriage?

In Barrett v. Fontbonne Academy, the Massachusetts Superior Court curtailed various statutory and constitutional defenses available to an employer affiliated with a religious institution that faces discrimination claims under…more

Corporate Counsel, Exemptions, First Amendment, Gender Discrimination, Hiring & Firing

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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, H1-B, HIPAA

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City of Chicago Expands “Ban the Box” Law to Smaller Employers and City Agencies

Effective January 1, 2015, the City of Chicago expanded the coverage of Illinois’s “ban the box” law within city limits. The amended Human Rights Ordinance, Section 2-160-010 of the Municipal Code of Chicago, effectively makes…more

Ban the Box, City of Chicago, Criminal Background Checks, Employer Liability Issues, Employer Mandates

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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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Philadelphia Mayor Signs New “Promoting Healthy Families and Workplaces” Ordinance

On February 12, 2015, Philadelphia Mayor Michael Nutter signed legislation requiring certain employers in the city of Philadelphia to provide up to five days of paid sick leave each calendar year to their employees. The…more

Employee Rights, Local Ordinance, Paid Leave, Sick Leave

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The Push for Pay Transparency and Equity

On September 10, 2015, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published its final rule on pay transparency, setting a trend for states to enact legislation aimed at strengthening…more

Equal Pay, Fair Pay Act, Final Rules, OFCCP, Pay Transparency

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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 Workplace Examination “Clarification” Places Enforcement Target Squarely on Operators

Over the years, the Mine Safety Health Administration (MSHA) has tried on two different occasions to overhaul the workplace examination standard at 30 CFR §56/57.18002 by issuing program policy letters. The agency’s primary goal…more

Best Practices, Employer Liability Issues, Industry Examinations, Mining, MSHA

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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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Bad Blood Makes Good Law: Minnesota Supreme Court Recognizes Tortious Interference Claim

In Gieseke v. IDCA, Inc., et al., No. A12-0713 (March 26, 2014), the Minnesota Supreme Court ruled that “tortious interference with prospective economic advantage” is a viable claim under Minnesota law. In so holding, the court…more

Appeals, Economic Injuries, Family Businesses, Tortious Interference

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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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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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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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Increased Criminal Enforcement for Worker Safety Violations?

In 2010, the Occupational Safety and Health Administration (OSHA) let employers know there was a new sheriff in town. Now there will be a new police force as well. On December 17, 2015, the U.S. Department of Justice (DOJ)…more

DOJ, Employer Liability Issues, Enforcement Authority, Mining, OSHA

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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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Zika Virus and the Legal Issues With an Employee's Refusal to Work

It’s big news! On February 1, 2016, the World Health Organization (WHO) issued a statement declaring Zika virus to be a “Public Health Emergency of International Concern.” The WHO did not find a public health justification for…more

FMLA, NLRA, OSHA, Sick Leave, World Health Organization

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New Orleans WHD to Aggressively Investigate Oilfield, Maritime Employers

The United States Department of Labor, Wage and Hour Division, administers the Fair Labor Standards Act (“FLSA”). That authority includes the power to investigate employers, their customers and payroll practices…more

Day-Rate Pay, DOL, FLSA, Joint Employers, Oil & Gas

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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 Releases ‘EEO is the Law’ Poster Supplement for Federal Contractors

On September 10, 2015, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) released a supplement to the “EEO is the Law” poster for use by covered federal government contractors and…more

DOL, EEO, EEOC, Federal Contractors, OFCCP

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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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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 SEC’s Interpretative Guidance on Internal Whistleblowing Under the Dodd-Frank Act

On August 4, 2015, the U.S. Securities and Exchange Commission (SEC) issued an interpretive rule stating that whistleblowers who report misconduct internally—not just those who report to the SEC—are protected by the…more

Anti-Retaliation Provisions, Dodd-Frank, Employer Liability Issues, Internal Reporting, Interpretive Rule

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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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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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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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One-Day Walkouts: Protected Activity or Unprotected Absenteeism?

Over the last two years various community activist groups—many backed by labor organizations—have implemented aggressive, public strategies designed to disrupt the workplace and put pressure on employers, especially in the…more

Absenteeism, Employee Rights, Employer Liability Issues, NLRA, NLRB

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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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When Does Termination of the Employment Relationship Violate Public Policy? The Restatement of Employment Law Offers a New Framework

In July of 2015, the American Law Institute published the first Restatement of Employment Law. The Restatement provides a new lens through which employers, employees, and courts can evaluate the common law duties affecting the…more

Common Law Claims, Employer Liability Issues, Hiring & Firing, Public Policy, Termination

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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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Pennsylvania Still Requires Separate Consideration for Restrictive Covenant Agreements

In a much anticipated decision released on November 18, 2015, the Supreme Court of Pennsylvania closed the door—if it was ever open—on any arguments doing away with the separate consideration required for restrictive covenant…more

Employment Contract, Non-Compete Agreements, PA Supreme Court, Restrictive Covenants

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DACA Program Raises Questions For Employers In The I-9 Process

Companies must balance countervailing mandates under immigration law: verifying employment eligibility while not discriminating unlawfully. With the recent implementation of the Deferred Action for Childhood Arrivals (DACA)…more

DACA, Discrimination, Eligibility, Hiring & Firing, I-9

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Changes to Insurance Requirements for J-1 Visa Exchange Programs

In October of 2014, the U.S. Department of State revised Subpart A of the exchange visitor regulations. Changes to the reporting and English language proficiency requirements for exchange programs went into effect on January 5,…more

Health Insurance, J-1 Visas, Popular, US Department of State

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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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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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A Potential Federal Government Shutdown: The Immigration Implications for Employers

Congress has until September 30, 2015 to reach an agreement on the 2016 Fiscal Year federal budget. If an agreement to fund the federal government is not reached, immigration processes are expected to be impacted as they were in…more

Canada, Customs and Border Protection, DOL, E-Verify, Federal Contractors

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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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U.S. House Judiciary Committee Approves Legislation Creating Civil Cause of Action Under Federal Trade Secrets Protection Act

Federal trade secret legislation may be closer than you think. On September 17, 2014, the Judiciary Committee of the U.S. House of Representatives approved H.R. 5233, the Trade Secrets Protection Act of 2014, with one amendment…more

Amended Legislation, Legislative Committees, Pending Legislation, Private Right of Action, Trade Secrets Protection Act of 2014

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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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IRS Acts Quickly to Facilitate Donations for Ebola Victims and Offer Tax Relief

While employers and employees alike are asking questions about the proper workplace response to the Ebola outbreak in West Africa, these same folks are also asking how they can help the victims, their families and those who care…more

Charitable Donations, Ebola, Employment Policies, IRS, Leave of Absence

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The CFRA Amendments: How to Prepare Your Organization

On March 4, 2015, the California Fair Employment and Housing Council approved updates to the California Family Rights Act (CFRA) regulations. These updates, which took effect on July 1, 2015, clarify certain CFRA provisions and…more

Anti-Retaliation Provisions, California Family Rights Act (CFRA), Employee Handbooks, Employment Policies, FMLA

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Beware of Traps with Independent Contractor Business Models

Companies are increasingly moving away from the traditional employee model and implementing independent contractor models for some aspects of their business to reduce their direct labor costs without sacrificing market share,…more

Hiring & Firing, Independent Contractors, Misclassification

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New Orleans WHD to Aggressively Investigate Oilfield, Maritime Employers

The United States Department of Labor, Wage and Hour Division, administers the Fair Labor Standards Act (“FLSA”). That authority includes the power to investigate employers, their customers and payroll practices…more

Day-Rate Pay, DOL, FLSA, Joint Employers, Oil & Gas

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Hawaii Enacts New Restrictions on Noncompete and Nonsolicitation Agreements for Employees of Technology Businesses

A new Hawaii law prohibits and makes void noncompete and nonsolicit clauses in the employment contracts of “technology business” employees if the contracts are entered into on or after the law’s effective date of July 1, 2015…more

Employer Liability Issues, Employment Contract, New Legislation, Non-Compete Agreements, Non-Solicitation Agreements

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Ninth Circuit Revives Police Officers’ Age Bias Class Action Over Scrapped Exam

Stockwell v. City & County of San Francisco, No. 12-15070 (April 24, 2014): In a recent decision, the Ninth Circuit Court of Appeals diluted the Supreme Court of the United States’ holding in Wal-Mart Stores, Inc. v. Dukes, 131…more

ADEA, Age Discrimination, Appeals, Class Action, Class Certification

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Independent Contractor or Employee: DOL’s Latest Guidance on Employee Status

On July 15, 2015, the U.S. Department of Labor (DOL) issued guidance on determining whether a worker is an independent contractor in the form of an “Administrator’s Interpretation.” Describing independent contractor…more

DOL, Employee Definition, Employer Liability Issues, FLSA, Independent Contractors

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NLRB Regional Director Rules College Football Players Can Unionize

On March 26, 2014, a regional director for the National Labor Relations Board (NLRB) issued a decision and direction of election in a union representation petition filed by the College Athletes Players Association (CAPA) seeking…more

College Athletes, NLRB, Unions

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You’ve Got Mail: EEOC Rolls Out Online Charge System

The U.S. Equal Employment Opportunity Commission (EEOC) has taken its first steps towards moving to an all-digital charge system. On Wednesday, May 6, 2015, the agency announced that 11 of its 53 field offices would begin a…more

EEOC, Electronic Filing, Filing Requirements, Popular

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Texas’ Open Carry Law: 3 Steps Hotels Should Take Before the New Year

The Texas statute allowing the open carrying of guns by licensed holders will become effective on January 1, 2016. Prior to this effective date, Texas hotel properties should consider following these three steps in an effort to…more

Employment Policies, Gun Laws, Hotels, Posting Requirements

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Seventh Circuit Refuses to Review Arbitrator’s Decision to Allow Expert-Prepared Accident Report

Last week, the Seventh Circuit Court of Appeals decided Brotherhood of Maintenance of Way Employees Division/IBT v. Norfolk Southern Railway Company, No. 12-3415 (March 11, 2014)…more

Accident Reports, Arbitration, Arbitration Agreements, Train Accidents

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Supreme Court Finds Air Carrier Immune From Defamation Claim For Reporting Employee’s Outburst to TSA

On January 27, 2014, the Supreme Court of the United States reversed a nearly $1.2 million jury verdict for defamation against Air Wisconsin Airlines Corporation in a case surrounding the airline carrier’s report about a pilot…more

Air Wisconsin v. Hoeper, ATSA, Defamation, First Amendment, Free Speech

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Latest Round of ICE I-9 Inspection Notices Issued

In recent weeks, employers nationwide have been ordered by Immigration and Customs Enforcement (ICE) to submit their I-9 employment eligibility forms and other documents for inspection. In the last week of May, a new round of…more

Audits, Enforcement, I-9, ICE

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The Impact of NLRB v. Canning - Q&A With Former NLRB Member Brian E. Hayes

The unconstitutionality of the appointments directly impacts all of the employees, employers, and unions that were involved in any of the now invalid decisions…more

Canning v NLRB, First Glance, Legal Perspectives, NLRB, Popular

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New Law on the Horizon for Illinois Employers Settling Tort Claims

On January 1, 2014, a new section of the Civil Practice Law, “Settlement of claims; payment” (735 ILCS § 5/2-2301), will take effect. The Illinois legislature passed the law in an effort to expedite the payment process in…more

Defamation, Release Agreements, Retaliation, Settlement, Tortious Interference

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Teen Posing as Physician Raises Security Concerns for Healthcare Employers

On January 13, 2015, a hospital in West Palm Beach, Florida discovered that an unidentified juvenile had been walking its halls dressed as a physician, wearing a lab coat with the hospital’s logo and a stethoscope. According to…more

Guns-in-Trunks Legislation, HIPAA, Hospitals, Minors, Physicians

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Miners & Marijuana

As in other industries, mining companies must contend with employees and contractors using or being under the influence of illegal drugs in the workplace. Marijuana is one of the most prominent substances detected in drug…more

ADA, Adverse Employment Action, CO Supreme Court, Coats v Dish Network, Decriminalization of Marijuana

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Is Everyone Disabled? Temporary Disabilities and the Ever-Expanding Definition of “Disability"

Following the amendments to the Americans with Disabilities Act (ADA)—the ADA Amendments Act of 2008 (ADAAA)—employers were told to refrain from asking employees whether they were disabled. The employer community took this…more

ADA, ADAAA, Appeals, Employer Liability Issues, Pregnancy Discrimination

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Court Voids $1.5M Contract For Lack Of Consideration

In Yessenow v. Hudson (no. 2:08-cv-00353-PPS-APR), the U.S. District Court for the Northern District of Indiana found that the indemnification agreement and guaranty that Hilton Hudson, M.D. signed with Jeffrey Yessenow, M.D…more

Indemnity Agreements

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Contingency Planning for the Upcoming H-1B Season

The H-1B non-immigrant visa allows foreign workers in certain occupations to legally live and work in the United States for a U.S. employer. In recent years, a growing number of foreign workers have applied for H-1B visas,…more

DHS, Exemptions, H-1B, OPT, STEM

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Changes to the Visa Waiver Program Become Law

On December 18, 2015, President Obama signed the “Consolidated Appropriations Act, 2016” (H.R. 2029) into law. The law includes several important changes to the Visa Waiver Program (VWP) that are fundamentally identical to the…more

Biometric Information, Consolidated Appropriations Act, DHS, ESTA, International Travel

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OFCCP Publishes Final Rule to Promote Pay Transparency

On September 10, 2015, the Office of Federal Contract Compliance Programs (OFCCP) published its final rule on pay transparency. The purpose of the rule is to prohibit “pay secrecy policies” to make it “possible for workers and…more

Barack Obama, Chief Compliance Officers, Corporate Counsel, Employer Liability Issues, Employment Policies

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New EEOC Retaliation Guidance Seeks to Further Stack the Deck Against Employers

On January 21, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) released its proposed changes to its guidance on workplace retaliation. These changes mark the first time the EEOC has modified its guidance in nearly…more

Adverse Employment Action, Causation, EEOC, Harassment, Hostile Environment

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Key Issues to Evaluate When Conducting an Internal Wage and Hour Audit

In our last blog post in this series on the “Anatomy of a DOL Audit,” we discussed tips for conducting an effective internal wage and hour audit. Now we consider some key issues to evaluate during that process…more

Audits, DOL, Exempt-Employees, Independent Contractors, Internal Investigations

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Transgender Issues in the Workplace: Navigating a Changing Legal Landscape

Legislation prohibiting discrimination on the basis of gender identity is popping up all around the country. From California’s Senate Bill 703 prohibiting state agencies from entering into certain contracts with contractors that…more

Best Management Practices, Employer Liability Issues, Gender Discrimination, Hospitality Industry, Retailers

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Avoiding Wage & Hour Lawsuits: Four Steps Every Employer Should Take

In light of the continued onslaught of wage and hour claims made by current and former employees, including putative class and collective actions, there are a number of steps employers can take to help mitigate potential…more

Arbitration Agreements, Audits, Class Action, Payroll Records, Timekeeping

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E.D.N.Y. Finds No Per Se Violation of New York Correction Law Where Employer Failed to Conduct Required Analysis

Griffin v. Sirva, Inc., et al., No. 11-CV-1844 (MKB) (E.D.N.Y. May 29, 2014): Plaintiffs, who were residential movers, alleged that their employer unlawfully terminated their employment due to criminal convictions for sex…more

Criminal Records, Employer Liability Issues, Hiring & Firing, NYSHRL

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Engage—Before You Fire

Consider this scenario: An employee goes out on a leave of absence for anxiety. His doctor says he’s temporarily totally disabled. Then the leave gets extended because the employee is having problems adjusting to the…more

Disability Discrimination, Discrimination, FEHA, Hiring & Firing, Medical Leave

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Getting Down To Business: Highlights Of New California Employment Laws

With the start of the new year, it is the perfect time for employers to ensure that their policies reflect the changes in California law. We covered many of the laws affecting employers in our “California Legislative Update…more

Compliance, Crime Victims, Employer Liability Issues, FEHA, Minimum Wage

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Wisconsin Supreme Court Holds That Continued Employment Constitutes Adequate Consideration for Restrictive Covenants

The Wisconsin Supreme Court recently issued a decision holding that continued employment is adequate consideration for restrictive covenants. In Runzheimer International, Ltd. v. Friedlen, et al., No. 2013AP1392 (April 30,…more

Consideration, Restrictive Covenants, WI Supreme Court

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A Primer on Voting Leave Requirements: Are You Ready for the Mid-Term Elections?

General elections are scheduled for Tuesday, November 4, 2014. This mid-term election will see all 435 seats in the U.S. House of Representatives and 33 of the 100 seats in the U.S. Senate up for grabs. In addition, numerous…more

Corporate Counsel, Employee Rights, Voting Leave, Voting Rights

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NLRB Still Contemplating “Quickie” Union Election Rules

On November 26, 2013, the National Labor Relations Board (NLRB) issued its semiannual regulatory agenda, which, tellingly, focused on one issue—the Board’s proposed changes to the rules that will speed up union representation…more

NLRB, Union Elections, Unions

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FAA Lets OSHA Standards Board the Plane

Last week, the Federal Aviation Administration (FAA) issued a final policy allowing the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) to enforce certain of its safety standards for aircraft…more

Compliance, DOL, Enforcement, Federal Aviation Administration (FAA), OSHA

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A Call to Action: The Comment Period on the new Proposed Overtime Regulations Begins

On Monday July 6, 2015 the Obama Administration and U.S. Department of Labor (DOL or Department) published their proposal to revise the Part 541 overtime exemption regulations in the Federal Register, beginning the required…more

Barack Obama, Comment Period, DOL, Executive Orders, Exempt-Employees

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The Employment Law Authority - November/December 2015

A federal appellate court recently dismissed a lawsuit brought by a paramedic who claimed that his employer unlawfully placed him on alternative duty after he refused to participate in a wellness program. According to the Fifth…more

DOL, E-Signatures, Employment Discrimination, Genetic Discrimination, GINA

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Does the “No-Rehire” Provision in Your Settlement Agreement Restrain the Lawful Practice of a Profession?

When resolving an employment dispute, employers often wish to include a “no-rehire” provision in the settlement agreement. In a typical no-rehire clause, the parties agree that they wish to resolve their dispute and sever any…more

Appeals, Business & Professions Code, Contract Drafting, Contract Negotiations, Contract Terms

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Minimum Wage Changes to New York’s Fast Food Industry: New Hospitality Wage Order & FAQs

As we previously discussed in May and July of this year, wage and hour requirements for the fast food industry in New York State are changing starting in the new year. These changes, which go into effect on December 31, 2015,…more

Fast-Food Industry, Hospitality Industry, Minimum Wage, Popular, Wage and Hour

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Postcards from the R-Case Edge: Insights into Supervisory Status Issues in a Proposed Unit

Since the new “ambush” election rules went into effect on April 14, 2015, there have been over 1,000 petitions for elections filed with the National Labor Relations Board (NLRB). Approximately 60 of those petitions have led to…more

Ambush Election Rules, Evidentiary Hearings, NLRB, Supervisors, Unions

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OFCCP Notice of Proposed Extension of Record-Keeping Requirements for Construction Contractors

On September 2, 2014, the Office of Federal Contract Compliance Programs (OFCCP) published in the Federal Register a proposed renewal of the current record-keeping, notice, and reporting requirements imposed by Executive Order…more

Construction Industry, Contractors, Executive Orders, Federal Contractors, OFCCP

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Fifth Circuit Upholds Injunction Against Obama's Immigration Actions

The Fifth Circuit Court of Appeals has affirmed the preliminary injunction against President Barack Obama’s executive action that would potentially have shielded approximately 4.4 million undocumented immigrants from deportation…more

Barack Obama, DACA, DAPA, Petition for Writ of Certiorari, Preliminary Injunctions

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NLRB Considers Radical Changes to Decades-Long Precedent on Deferral to Arbitration

In yet another attempt to expand protection for employees under Section 7 of the National Labor Relations Act, the National Labor Relations Board (NLRB) is considering a new standard for deferral to labor arbitration that, if…more

ALJ, Arbitration, Collective Bargaining, Employer Liability Issues, Hiring & Firing

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NLRB Finds Joint Employer Status Can Exist Merely Based on Indirect or Potential Control

Overturning decades of precedent, the National Labor Relations Board (NLRB), on August 27, 2015, issued its long-awaited decision in Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery, 362 NLRB No…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Control Test, Franchises, Joint Employers

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Is an Offshore Rig a Single Site of Employment Under WARN?

A federal judge in the Eastern District of Louisiana recently issued an important ruling for oil field employers conducting layoffs. In Voisin v. Axxis Drilling, Inc. (October 21, 2015), the court held that for the purposes of…more

Corporate Counsel, Employer Liability Issues, Hiring & Firing, Involuntary Reduction in Force, Offshore Drilling

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Captain of the Cheerleading Team: An Employee Too?

On April 21, 2015, California’s legislature advanced a bill that would require professional sports teams based in California to classify their cheerleaders as employees and pay them a minimum wage. The state assembly’s…more

Classification, Independent Contractors, Minimum Wage, NBA, Sports

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Misuse Of Visas Lands Tech Giant In Hot Water

Infosys, an Indian technology outsourcing company, has agreed to pay a fine of $34 million after an extensive investigation by federal prosecutors in Texas. The investigation alleged that the tech giant misused the B-1 business…more

B-1, Fines, Fraud, H-1B, India

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An Easing of Brazil’s Restrictive Labor Laws? Only Time Will Tell

Brazil’s troubled economy has been making global headlines for the past few months. After five years of growth, understood now to have largely been fueled by China’s seemingly insatiable hunger for commodities, the economy has…more

Brazil, Economic Downturn, Involuntary Reduction in Force, Labor Code, Multinationals

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Changes to Insurance Requirements for J-1 Visa Exchange Programs

In October of 2014, the U.S. Department of State revised Subpart A of the exchange visitor regulations. Changes to the reporting and English language proficiency requirements for exchange programs went into effect on January 5,…more

Health Insurance, J-1 Visas, Popular, US Department of State

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Independent Contractor . . . or Not? DOL and Wisconsin DWD Team Up to Reduce Employee Misclassification

On January 20, 2015, the U.S. Department of Labor (DOL) announced that Wisconsin had become the latest state to join the “Misclassification Initiative,” which is designed to protect the rights of employees “by preventing their…more

Corporate Counsel, DOL, FMLA, Independent Contractors, Misclassification

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New Brunswick New Jersey’s Paid Sick & Safe Leave Law Goes Into Effect

On December 17, 2015, the City of New Brunswick passed its own paid sick leave ordinance, making it the eleventh municipality in the State of New Jersey to require paid sick leave. The ordinance becomes effective on January 6,…more

Domestic Violence, Local Ordinance, Paid Leave, Posting Requirements, Sick Leave

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5 Key Developments in the H–2B Temporary Non-Agricultural Workers Program

On December 18, 2015, the Consolidated Appropriations Act, 2016 (the Act) was signed into law. In addition to approving funding for a broad range of federal programs and agencies, the law also enacted a number of changes to the…more

Consolidated Appropriations Act, DOL, H-2B, Prevailing Wages

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USCIS Final Guidance on L-1B Adjudications Offers Some Comfort—But No Cure—for Employer Concerns

On August 17, 2015, U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum aiming to clarify the standard required for L-1B specialized knowledge visas. The memorandum notably begins by reminding…more

Corporate Counsel, Customs and Border Protection, Employee Transfers, Immigration Procedures, L-1B

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The Latest OFCCP News: VEVRAA Coverage, Outreach Poster, and Approaching Deadlines

On July 2, 2015, the Federal Acquisition Regulatory Council amended the jurisdictional threshold for coverage under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). Currently, a contractor with a single contract…more

Affirmative Action, EEO-1, Federal Acquisition Regulations (FAR), Federal Contractors, OFCCP

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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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Tenth Circuit Upholds Employer’s Inflexible Leave Policy

Equal Employment Opportunity Commission (EEOC) guidance provides that employers violate the Americans with Disabilities Act (ADA) by enforcing inflexible policies with specified leave limits. The EEOC has filed lawsuits against…more

ADA, EEOC, Employer Liability Issues, Employment Policies, Hiring & Firing

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It’s 2:35 p.m. Do You Know (Or Care) Where Your Employees Are?

Today, technological advances make it easier for companies to track exactly where their products are at any given time. These same advances have given employers a similar opportunity to track their employees. Global positioning…more

Employee Rights, Employee Tracking, Technology

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What’s In Store for Federal Contractors in 2016?

In 2015, the Office of Federal Contract Compliance Programs (OFCCP) tackled what many believe was its most ambitious agenda since the agency’s inception. In 2016, we can expect more of the same—the Obama administration…more

Corporate Counsel, Federal Acquisition Regulations (FAR), Federal Contractors, OFCCP, Regulatory Standards

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Portland’s New Ban-the-Box Ordinance Imposes Stricter Rules Than State Law

On, November 25, 2015, the Portland City Council passed an ordinance restricting an employer’s ability to inquire regarding a job applicant’s criminal history. As of July 1, 2016, Portland employers with six or more employees…more

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

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Increased Criminal Enforcement for Worker Safety Violations?

In 2010, the Occupational Safety and Health Administration (OSHA) let employers know there was a new sheriff in town. Now there will be a new police force as well. On December 17, 2015, the U.S. Department of Justice (DOJ)…more

DOJ, Employer Liability Issues, Enforcement Authority, Mining, OSHA

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Missouri School Boards, Cities, and Counties: Consider Enacting Ordinance Providing for Secret Ballot Union Elections for Certain Employees

Article I, Section 29 of the Missouri Constitution gives employees “the right to organize and to bargain collectively through representatives of their own choosing.” For most public sector employees, Chapter 105 of the Missouri…more

Collective Bargaining, Law Enforcement, Municipalities, NLRB, Public Employees

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New Brunswick New Jersey’s Paid Sick & Safe Leave Law Goes Into Effect

On December 17, 2015, the City of New Brunswick passed its own paid sick leave ordinance, making it the eleventh municipality in the State of New Jersey to require paid sick leave. The ordinance becomes effective on January 6,…more

Domestic Violence, Local Ordinance, Paid Leave, Posting Requirements, Sick Leave

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USCIS to Accept Cap-Subject H-1B Petitions for FY2017 Beginning April 1, 2016

Friday, April 1, 2016 marks the opening of the filing period for new H-1B petitions to be counted against the annual H-1B quota for Fiscal Year (FY) 2017. H-1B petitions subject to the annual quota, commonly known as the “H-1B…more

DOL, H-1B, Labor Condition Applications, Quotas, USCIS

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Happy New Year from the IRS!

For the many employers and health care providers that have thus far been spending their holidays poring over the Affordable Care Act’s (ACA) new tax forms and their cryptic instructions in anticipation of the inaugural round of…more

Affordable Care Act, Applicable Large Employers (ALE), Employer Mandates, Filing Deadlines, IRS

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Massachusetts Sick Leave Law—Full Compliance Deadline Looming

Readers are probably aware that last year, Massachusetts voters approved a new sick leave law that went into effect on July 1, 2015. Many employers with preexisting leave policies, however, took advantage of the so-called “safe…more

Deadlines, Employer Liability Issues, Paid Leave, Posting Requirements, Safe Harbors

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Illinois Employment Law Update

As 2014 comes to a close, we would like to take this opportunity to remind our clients with Illinois operations about the recent legislative changes with which Illinois employers must be familiar. A number of the laws are…more

Ban the Box, Employer Liability Issues, Hiring & Firing, Medical Marijuana, New Legislation

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Changes to the Visa Waiver Program Become Law

On December 18, 2015, President Obama signed the “Consolidated Appropriations Act, 2016” (H.R. 2029) into law. The law includes several important changes to the Visa Waiver Program (VWP) that are fundamentally identical to the…more

Biometric Information, Consolidated Appropriations Act, DHS, ESTA, International Travel

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U.S. House Judiciary Committee Approves Legislation Creating Civil Cause of Action Under Federal Trade Secrets Protection Act

Federal trade secret legislation may be closer than you think. On September 17, 2014, the Judiciary Committee of the U.S. House of Representatives approved H.R. 5233, the Trade Secrets Protection Act of 2014, with one amendment…more

Amended Legislation, Legislative Committees, Pending Legislation, Private Right of Action, Trade Secrets Protection Act of 2014

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At Will? What’s That?

Did you know that employees in most countries outside the United States have a contractual right to continued employment, whether or not they have written contract? If an employer does not provide an employee with a written…more

At-Will Employment, Best Management Practices, Canada, Corporate Counsel, Data Privacy

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Temporary Suspension of USCIS ‘Premium Processing’ for H-1B Extensions

On May 19, 2015, U.S. Citizenship and Immigration Services (USCIS) announced a temporary suspension of its “premium processing” program as it relates to H-1B extensions in the United States. The suspension will be in effect from…more

H-1B, Hiring & Firing, Human Resources Professionals, Immigration Procedures, USCIS

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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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State Employment Laws That Every Virginia Employer Should Know

Keeping track of the latest changes to federal employment laws, such as the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and the Fair Labor Standards Act (FLSA), to name just a few, is hard…more

ADA, Ban the Box, Crime Victims, Criminal Records, Disability Discrimination

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Indiana Wage Law Amendments Become Effective on July 1, 2015

Two significant changes to Indiana’s wage laws will become effective on Wednesday, July 1, 2015. First, liquidated damages will no longer be mandatory when an employer violates Indiana’s Wage Payment or Wage Claims statutes…more

Employer Liability Issues, Liquidated Damages, Unpaid Wages, Wage and Hour, Wage Deductions

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OSHA’s Latest Regulatory Agenda: Silica, Tree Care, Powered Industrial Trucks, Lockout/Tagout . . . and Much More

The U. S. Department of Labor (DOL) recently released its Fall 2015 Regulatory Agenda, its semi-annual status report of all regulatory actions underway or being contemplated by the DOL’s agencies. Included in the agenda were the…more

Combustible Dust, DOL, OSHA, Popular, Regulatory Agenda

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Minimum Wage Hikes Hit 21 States

Raising the minimum wage was certainly a hot topic in 2014 (even more so than in 2013). The issue sparked employees in several industries across the country to organize high-profile protests, asserting that minimum wages are not…more

Corporate Counsel, Employer Mandates, Minimum Wage

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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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DOL’s Recent Guidance on the “Economic Realities” Test and Effects on Independent Contractor Misclassification in the Energy Industry

Paying hot-shot drivers by the load or mile? Contracting out repair work to vehicles or machinery? Are individuals who regularly perform work integral to your business being paid through accounts payable? Have welders that you…more

Administrative Interpretation, DOL, Economic Realities Test, FLSA, Independent Contractors

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Indiana Employment Law Update: 5 Changes to Laws You Should Know

A number of significant changes to Indiana employment law took effect on July 1, 2015. These changes affected employer’s obligations in areas such as hiring, wages, discrimination, and termination. If employers have not already…more

Assignments, Construction Industry, Construction Workers, Contractors, Employment Policies

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Red Flags for Homebuilders Related to DOL's Latest Guidance on Independent Contractors

On July 15, 2015, the U.S. Department of Labor (DOL) issued an “Administrator’s Interpretation” (AI 2015-1) providing guidance on whether workers are employees or independent contractors under the Fair Labor Standards Act…more

Administrative Interpretation, Best Management Practices, Construction Industry, Construction Workers, Contractors

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National Implications From Settlement of High-Profile Employee Raiding Case

Four major Silicon Valley-based tech companies—Apple, Google, Intel, and Adobe Systems—announced a settlement on Thursday, April 24, in a closely-watched lawsuit accusing them of conspiring to hold down salaries in the tech…more

DOJ, Enforcement Actions, Raids, Settlement, Wage and Hour

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Florida’s Workers’ Comp System Goes Back to the Future . . . at the Expense of Your Premiums

On April 16, 2016, the Florida Supreme Court will hear another in a long line of cases brought by plaintiffs’ lawyers trying to turn the clock back on Florida’s Workers’ Compensation Law. Before 2003, employers in Florida had…more

Exclusive Remedy, FL Supreme Court, Premiums, Workers Compensation Awards, Workers Compensation Reform

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Can a Massachusetts Religious School Refuse to Employ a Worker in a Same-Sex Marriage?

In Barrett v. Fontbonne Academy, the Massachusetts Superior Court curtailed various statutory and constitutional defenses available to an employer affiliated with a religious institution that faces discrimination claims under…more

Corporate Counsel, Exemptions, First Amendment, Gender Discrimination, Hiring & Firing

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EU Extends "Qualified" Moratorium on Enforcement Actions for Data Transfers to the U.S.

On February 3, 2016, the Article 29 Working Party, the EU body representing the data protection authorities (DPA) of each EU member country, announced that all of the DPAs across the EU have agreed to extend the current…more

Article 29 Working Party (WP29), Binding Corporate Rules, Data Protection Authority, Enforcement Actions, EU

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Is a Threatened Pay Cut an Adverse Action? Fifth Circuit Issues Pro-Employer Ruling in Retaliation Case

In Brandon v. Sage Corp., the Fifth Circuit Court of Appeals affirmed a decision from the Western District of Texas granting summary judgment in favor of a truck driving school. The issue in the case concerned whether the threat…more

Adverse Employment Action, Corporate Counsel, Race Discrimination, Retaliation, Summary Judgment

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USCIS Final Guidance on L-1B Adjudications Offers Some Comfort—But No Cure—for Employer Concerns

On August 17, 2015, U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum aiming to clarify the standard required for L-1B specialized knowledge visas. The memorandum notably begins by reminding…more

Corporate Counsel, Customs and Border Protection, Employee Transfers, Immigration Procedures, L-1B

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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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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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Are You on Candid Camera? The NLRB Just Made It More Difficult to Ban the Use of Recording Devices in the Workplace

On December 24, 2015, the National Labor Relations Board (NLRB) issued a decision in Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), finding for the first time that it is unlawful for an employer to adopt a work rule…more

Audio Recording, Confidential Information, NLRA, NLRB, Policies and Procedures

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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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The Employment Law Authority - January/February 2015

In This Issue: - High Tech, High Risk: Protecting Health Plan Data: Recent Cyber Attack Reminds Employers to Take Swift Action - EEOC FY 2014 Statistics Are Here: What Do They Mean for Employers? - State…more

Anthem Blue Cross, Cybersecurity, EEOC, Employment Policies, Enforcement Statistics

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Trial Court’s Dismissal of Sexual-Orientation Discrimination Claim Was Proper Says Divided Missouri Court of Appeals

In Pittman v. Cook Paper Recycling Corp., WD 77973 (Mo. App. W.D. Oct. 27, 2015) a divided panel of the Missouri Court of Appeals for the Western District affirmed the dismissal of an employee’s claim of discrimination based on…more

Appeals, Discrimination, Dismissals, EEOC, First Impression

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