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State & Local Employment Law Developments: Q1 2021

The year 2021 continues the trend of increasing regulation of the workplace by state and local governments. Although it is not possible to discuss all state and local laws, this update provides an overview of recent and...more

State & Local Employment Law Developments: Q4 2020

State and local governments are increasingly regulating the workplace. Although it is not possible to discuss all state and local laws, this update provides an overview of recent and upcoming legislative developments to help...more

DOL Proposes New Rule Clarifying the Test for Classification of Workers

On September 22, 2020, the U.S. Department of Labor (DOL) issued a new proposed rule that would substantially simplify the test for determining whether persons are employees or independent contractors under the Fair Labor...more

As Hair Discrimination Bans Grow, New York City Seeks Public Comment on Proposed Rule

Background - July 3, 2020, marked the one-year anniversary of California becoming the first jurisdiction in the country to pass the Create a Respectful and Open Workplace for Natural Hair (CROWN) Act, prohibiting...more

U.S. Department of Labor Issues New FMLA Leave Forms and Requests Public Comments

In June, the Wage and Hour Division of the Department of Labor, the division tasked with enforcing the Family Medical Leave Act (FMLA), revised its model forms for employers to give to employees to support certain...more

Sixth Circuit: A Genetic Mutation That Interferes With Normal Cell Growth May Qualify as a Disability Under the ADA

In a case of first impression at the circuit level, the Sixth Circuit Court of Appeals reversed dismissal of a disability discrimination complaint because the plaintiff had plausibly alleged a condition covered by the...more

“Hair Love” Coming to a Jurisdiction Near You

With the Oscar win for best animated short film, Hair Love shone a spotlight on California’s CROWN Act (Create a Respectful and Open World for Natural Hair), which prohibits discrimination based on natural hairstyles and...more

Top 10 Noncompete Developments of 2019

If there was any question about whether there is a growing national trend to limit the enforceability of noncompetition agreements, 2019 settled the matter. Seven states enacted new statutes designed to limit the...more

Independent Contractor? Not in California!

A controversial bill passed by the California legislative assembly's preliminary vote on September 11, 2019, could reclassify millions of independent contractors as employees. Governor Gavin Newsom has already signaled his...more

Employers: Review Anti-Discrimination Policies as Supreme Court Addresses Title VII Scope

What constitutes discrimination “because of sex”? The Supreme Court is going to decide. On April 22, 2019, the highest court agreed to hear three cases that collectively address whether sex discrimination, prohibited under...more

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