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Employer Liability Issues

Littler

Employer Zero-Tolerance Marijuana Policy Justified Termination, Federal District Court Agrees

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Zero-tolerance marijuana policies are not unlawful in Illinois, a federal district court has determined, providing greater clarity for employers. In late 2019, Illinois amended its marijuana law, the Cannabis Regulation and...more

Vedder Price

Colorado Requires Holiday Incentive Pay to Be Included in the Regular Rate of Pay

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In a recent decision, the Colorado Supreme Court reminded employers that state law often differs from federal law when it comes to properly paying employers. One such area involves calculating the regular rate of pay for...more

Orrick, Herrington & Sutcliffe LLP

AI and German Co-Determination – What Employers Need to Know

AI tools, such as ChatGPT, have become a big part of modern life. They are also becoming more and more relevant in the workplace. The use of AI entails great opportunities, but also a few risks. So far, there is not much case...more

Morgan Lewis

UK Employers’ New Duty to Prevent Sexual Harassment: Are You Ready?

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Employers have a new duty to take reasonable steps to prevent sexual harassment of employees in the course of their employment under the Worker Protection (Amendment of Equality Act 2010) Act 2023 (the Act). After receiving...more

Parker Poe Adams & Bernstein LLP

Restricting Remote Work Interfered With Employee's FMLA Rights

The Family and Medical Leave Act does not require employers to allow qualified employees to work remotely. While such requests may fall under the Americans with Disabilities Act’s reasonable accommodation obligation, the FMLA...more

Fisher Phillips

Pay Transparency is On the Horizon in New Jersey: Here’s What Employers Need to Know

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New Jersey could be the next state to enact a pay transparency law – which means employers should have an action plan ready for compliance. New Jersey already has one of the most robust pay equity laws in the country, and a...more

Constangy, Brooks, Smith & Prophete, LLP

FMLA abuse: 5 things this employer did right

How'd that happen? An employer who terminated an employee after he took intermittent FMLA leave for diabetes won its case, and recently won again on appeal. According to both courts, the employee appeared to be trying to...more

Akerman LLP - HR Defense

An Employer’s Guide to Outsmarting Artificial Intelligence Liability in the Workplace

Employers need to be smarter than ever about how they use artificial intelligence (AI) in the workplace. Laws attempting to regulate the use of AI in the workplace have seemingly kept pace with advancements in the technology...more

Wyrick Robbins Yates & Ponton LLP

Do I Get Time Off from Work to Vote?

As Summer transitions to Fall, political ads are everywhere.  Pumpkins, pigskins, polls and prognostications abound. Unless you live under a rock, you know 2024 is an election year.  As election day approaches, employers...more

Littler

Michigan Supreme Court Clarifies Minimum Wage & Tipped Rates and Schedule for 2025 and Future Years

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On September 18, 2024, at the request of the State of Michigan and its attorney general, the Michigan Supreme Court clarified issues relating to future minimum wage rates and minimum cash wage rates for tip-credit employees...more

Fisher Phillips

FP Snapshot on Agriculture: How Federal OSHA’s Proposed Heat Safety Rule Impacts Your Industry

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Welcome to FP Snapshot on Agriculture, where we take a quick look at a recent significant workplace law development with an emphasis on how it impacts employers in the agricultural industry. This edition focuses on the...more

Fisher Phillips

Guide Through The Mexican M&A Labyrinth: Top 10 Labor and Employment Considerations for Foreign Investors

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Una versión en español de esta Insight está disponible haciendo clic arriba. For foreign companies contemplating a merger with or acquisition of a Mexican company, understanding the labor landscape is crucial. Mexico’s...more

Faegre Drinker Biddle & Reath LLP

Los Angeles County Fair Chance Ordinance – Summary of New Requirements

As of September 3, 2024, employers in the unincorporated areas of Los Angeles County must comply with the Los Angeles County Fair Chance Ordinance (FCO), which places restrictions on criminal background screening beyond those...more

A&O Shearman

FAQs: FCA “home visits”

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Post-pandemic most firms have settled into permanent hybrid working arrangements. Two years after the FCA published its statement reminding firms of its ability to visit “any location where work is performed […] including...more

Troutman Pepper

States' Action Still Viable Despite Ban of FTC Noncompete Rule

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The Northern District of Texas’s nationwide ban on the Federal Trade Commission’s noncompete rule isn’t a complete bar to government enforcement. The rule sought to curb unfair methods of competition and would have voided...more

Maynard Nexsen

An Employment Law Prelude to SCOTUS's October Term 

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The U.S. Supreme Court begins its next term on October 7, 2024, and it will hear oral argument in E.M.D. Sales Inc. v. Carrera and Lackie v. Stinney, two cases of potential significance to employers across the country. This...more

A&O Shearman

Tesco Express and implied terms put paid to firing and rehiring

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The UK Supreme Court interprets contractual provisions, and implies a term, to find in favour of a group of Tesco employees who argued that the supermarket chain was not entitled to fire and rehire them on less advantageous...more

Foley Hoag LLP

SJC Rules that Employees Do Not Accrue Benefits During Massachusetts Paid Family & Medical Leave

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In its September 13, 2024 decision in Bodge et al. v. Commonwealth et al., SJC-13567 (2024), the Massachusetts Supreme Judicial Court (“SJC”) ruled that an employer’s policy of denying the accrual of certain benefits to...more

Rodemer Kane Attorneys at Law

Does a DWAI Show Up on a Background Check in Colorado?

Driving While Ability Impaired (DWAI) is a serious offense in Colorado that can have far-reaching consequences. Many individuals who face this charge wonder about its long-term impact, particularly when it comes to employment...more

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

Three Key Considerations in Crafting Effective Multistate Separation Agreements

One of the main reasons for a separation agreement with an employee is to obtain an effective release of claims against the employer. However, ensuring release agreements are effective and enforceable is becoming increasingly...more

Vedder Price

New York Governor Signs Legislation to Protect Retail Workers from Workplace Violence

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On September 4, 2024, Governor Kathy Hochul signed S8358C, the New York Retail Worker Safety Act (RWSA), into law. Through the RWSA, New York state seeks to address growing threats of workplace violence and fears among retail...more

Robinson Bradshaw

Fifth Circuit Strikes Down DOL Tip Rule

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On Aug. 23, the Fifth Circuit Court of Appeals invalidated the DOL’s 2021 rule on tip credits under the Fair Labor Standards Act. While the tip credit lives on, the Fifth Circuit’s ruling simplifies compliance for many...more

Jackson Lewis P.C.

OSHA’s Walkaround Rule Showdown in Court: Will the Agency Be Allowed to Tread on Employers’ Rights?

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The Occupational Safety and Health Administration’s (OSHA’s) Walkaround Rule has sparked a legal showdown between business associations and OSHA in a U.S. District Court in Texas. The agency’s rulemaking powers and...more

Fox Rothschild LLP

The EEOC Continues to Challenge Leave Policies as Discriminatory

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The U.S. Equal Employment Opportunity Commission (EEOC) continues its focus on challenging employment leave policies as discriminatory under the Americans with Disabilities Act (ADA)....more

Jackson Lewis P.C.

Political Speech in the Workplace: How Employers Can Manage Legal Risks in 6 Steps

Jackson Lewis P.C. on

The national and global hyperpolitical atmosphere inevitably touches the workplace, where employers and employees must remain productive while navigating the intersection of political expression, workplace culture and...more

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