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Employer Liability Issues

Littler

A Case Study on the First Amendment Defense for Entertainment Industry Employers

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The First Amendment traditionally offers robust protections for expressive employers, such as those in the entertainment and media industries, allowing them to control casting and messaging. In California, however, these...more

Mayer Brown

Hong Kong Court Clarifies the Application of Implied Terms in Employment Contracts

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The recent case of Yang Zhizhong v. Nomura International (Hong Kong) Limited helpfully clarifies the applicability of Implied Term of Trust and Confidence, the Braganza duty and the Anti-avoidance Term in the context of...more

Littler

Dear Littler: What Are Some Considerations Before Implementing Our Return-to-Office Policy?

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Dear Littler, We are a professional services company with employees in various states. During the pandemic we shifted to fully remote work. As the pandemic subsided, we still leaned into remote work to attract and retain...more

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

California Legislature Sends ‘Driver’s License Discrimination’ Bill to Governor

California is on the verge of adding yet one more prohibited employment practice to the California Fair Employment and Housing Act (FEHA). On September 9, 2024, the California Legislature presented Governor Gavin Newsom...more

Lathrop GPM

Title VII & Lateral Transfers - Treacherous Territory after United States Supreme Court Ruling

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The United States Supreme Court recently settled a circuit split concerning when an involuntary lateral transfer may violate Title VII of the Civil Rights Act of 1964. The Court’s opinion in Muldrow v. City of St. Louis...more

Pullman & Comley - Labor, Employment and...

The Newest Wage Hour Risk in Connecticut: Election Poll Workers

A new Connecticut law went into effect this year creating early voting procedures for the first time in Connecticut.  The law, Connecticut General Statutes § 9-163aa, provides that before each election, a period of early...more

Fisher Phillips

From Leave to Legal Obligations: Understanding Maternity and Paternity Rights in Mexico

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Employers doing business in Mexico can help ensure a fair and supportive workplace by understanding certain key regulations. For instance, Mexico’s labor laws offer comprehensive protections for employees during pregnancy and...more

Fisher Phillips

Illinois Employers Using AI for Workplace Purposes Will Soon Need to Provide Notice: 10 Quick Takeaways and 5 Things You Should Do...

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Thanks to a new law signed into effect by Governor J.B. Pritzker, Illinois employers will need to provide notice to applicants and workers if they use artificial intelligence for hiring, discipline, discharge, or other...more

Fisher Phillips

Mexico’s Federal Judiciary Council Announces End to Judiciary Work Stoppage: Key Takeaways for Employers

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Mexico: Courts and tribunals will resume work on September 23 after a work stoppage began on August 21 in response to the Judicial Branch Reform. Here’s what employers doing business in Mexico need to know about this...more

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

Husch Blackwell LLP

The Labor Law Insider: Whistleblower Breaks Details of NLRB Mail Ballot Election Abuse

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The Labor Law Insider is excited to share this episode, an exclusive interview with Rebecca Dormon, former assistant regional director of the National Labor Relations Board (NLRB) Region 15, as she shares her story for the...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

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