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Labor & Employment Updates

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

Eighth Circuit: Employer May “Elaborate” On Explanation For Termination During Litigation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a recent decision, the Eighth Circuit held that Title VII does not require an employer to provide an employee a reason for termination at the time of termination, and that an employer is not strictly...more

California’s Labor & Employment Changes for 2018: Part I - Legislative Changes Impacting Employers

by Best Best & Krieger LLP on

California courts and Legislature greatly expanded protections for public and private workers in 2017, handing down decisions and passing laws regarding wages, discrimination based on criminal and salary histories,...more

Has The “Outer Limit” Contract Reached Its Expiry Date?

by Seyfarth Shaw LLP on

It is common for employers to bring on employees for limited term employment, where work may not be ongoing. Traditionally, “outer limit” contracts have allowed for the employment to end on an agreed date without a...more

Good Work If You Can Get It: UK Government’s Response to Modern Working Proposals

Some seven months after the publication of Matthew Taylor’s independent ‘Review of Modern Working Practices’, the UK Government has finally issued its response to the Taylor proposals: the “Good Work” response (the...more

CalPERS Employers are Now Subject to Two New Penalties - New Laws Change Out-of-Class Appointments Requirements and Impose New...

by Best Best & Krieger LLP on

Two new California laws could result in costly fines to public agency employers who fail to adhere to the specified requirements. Assembly Bills 1487 and 1309 both went into effect Jan. 1....more

Industrial Manslaughter – National Update

by K&L Gates LLP on

The introduction of an industrial manslaughter offence in Queensland has kicked off debate throughout other Australian jurisdictions. With the upcoming national review of workplace health and safety laws, it is a timely...more

What Am I Doing Wrong?? Common FMLA Mistakes

by Jackson Lewis P.C. on

“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the thirteenth in a series highlighting some of the more common mistakes employers can...more

California District Court Finds Grubhub Driver is Not an Employee: Too Soon to Order Celebratory Takeout?

So-called “gig economy” employers rejoiced on February 8, 2018, when, in Lawson v. Grubhub, Inc., Case No. 15-cv-05128-JSC, U.S. District Judge Jacqueline Scott Corley held that Plaintiff Grubhub independent contractor...more

Even In The #Metoo Era, There Are Limits On How Employers Can Treat Office Romances

by Fox Rothschild LLP on

The #MeToo movement has understandably made employers more concerned about sexual relations between coworkers. An office romance may seem consensual, but is it really? This is especially problematic when there’s a power...more

Is Misogyny Protected Activity? Part 2

by Kelley Drye & Warren LLP on

Earlier, we blogged about James Damore, an engineer at Google who was terminated for his memo, which openly expressed his belief that women were not “biologically suited” for certain types of positions and criticism of the...more

Could Your Parental Leave Policy Be Considered Sex Discrimination?

by Jackson Lewis P.C. on

With the increase in the number of states that require various types of paid leave, now is a good time to examine your leave policies. While often overlooked, one policy that could expose an employer to liability is its...more

Court Finds Individualized Issues Predominate And Grants Company’s Motion To Decertify Branch Administrators’ Class

by Jackson Lewis P.C. on

The United States District Court for the Southern District of Indiana recently decided a case highlighting the importance of clear employer policies when it comes to wage payment issues. In Smith v. Professional...more

New Disability Claims Procedures for ERISA Plans Become Effective on April 1, 2018

After a three-month delay, the Department of Labor’s new regulations governing claims procedures for disability benefits under ERISA plans will become effective on April 1, 2018. The delay was implemented to provide an...more

California as a Sanctuary State: Restrictions on Employers’ Compliance with Federal Immigration Actions

by Foley & Lardner LLP on

In October 2017, California passed the widely publicized Senate Bill 54, the unofficial “sanctuary state” bill, which bars state and local law enforcement agencies from asking people about their immigration status. Another...more

Get that late 5500 Filed

by Ary Rosenbaum on

I used to have this recurring dream that I was back in college and it was my last semester. The dream was that there was this one class that I didn’t attend all semester and the finals were around the corner. Someone pointe...more

Food and Beverage Law Update: February 2018

by Holland & Knight LLP on

Deceptive Trade Practices - Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection - In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...more

Who Is The Employer Of a Staffing Agency Temp?

by Shipman & Goodwin LLP on

Many businesses bring on extra help for temporary or seasonal needs, and some even do all their hiring from the ranks of such workers, a practice known as “temp to perm.” Often the easiest way to find this kind of help is to...more

Increase in UK Employment Compensation Limits

by Dechert LLP on

The maximum compensation that the Employment Tribunal can award for “ordinary” unfair dismissal claims will increase from 6 April 2018, as will the weekly wage figure for calculating an employee's entitlement to a statutory...more

Is “Class Arbitration” an Oxymoron — Another Shoe Drops in the Second Circuit

In a series of articles over the past several months, we asked whether “class arbitration” — meaning the utilization of the Fed.R.Civ.P. 23 class action protocol in an arbitration proceeding — is ultimately viable in U.S....more

Benefits for the Gig Workforce: Is there a Solution that Won’t Defeat the Business Model?

by Fisher Phillips on

Offering health, retirement, and workers’ compensation benefits to the varied gig workforce, while maintaining some affordability to the worker while also avoiding the 30 percent cost increase to businesses, has proven to be...more

Federal Budget Deal Includes Changes to Retirement Provisions

by Robinson & Cole LLP on

The Bipartisan Budget Act of 2018 (Act) was approved by Congress and signed into law by the President on February 9, 2018. Included in the Act are certain provisions impacting retirement plans that were initially considered...more

Goodbye, Guidance? Feds Limit Power Of Agency Guidance Documents - New Justice Department Policy Could Aid Employers Defending...

by Fisher Phillips on

A short policy memorandum quietly issued by the U.S. Department of Justice’s No. 3 official late last month could end up having positive implications for employers defending claims brought by the federal government. The...more

Changes in the employee documentation retention

by Dentons on

On February 13, 2018, the Act on Amendments of Certain Acts in Connection with Shortening the Period of Storage of Employee Files and their Electronisation was published. The date of its entry into force is January 1, 2019....more

The Federal Antitrust and Labor Law Double Bind: The Ninth Circuit Hears Oral Argument in Challenge to Seattle’s Ordinance...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On Monday, February 5, 2018, the U.S. Chamber of Commerce’s lawsuit challenging the City of Seattle’s ordinance allowing independent-contractor drivers to engage in collective bargaining was before the U.S....more

Hardship Distribution Changes – Tax Reform May Have Unintended Consequences

by Snell & Wilmer on

When tax reform proposals were floating around in the fall of 2017, several early proposals to the Tax Cuts and Jobs Act (the “Act”) included changes to the hardship distribution rules for qualified retirement plans. However,...more

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