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Labor & Employment Intellectual Property

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

Littler Lightbulb: September Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fourth Circuit Rejects ADA Claim of Employee Who Tested Positive for Illegal Drugs...more

Polsinelli

California's New Health Care Workers Minimum Wage is Finally Set to Increase

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While California SB 525 was originally passed over a year ago, after several delays, it is scheduled to finally go into effect on October 16, 2024. The bill will raise the minimum wage for many health care employees in the...more

Ius Laboris

Hong Kong to Expand Sexual Conviction Record Checks 

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The Hong Kong Government has announced its plans to expand the existing Sexual Conviction Record Check (‘SCRC’) scheme. The purpose of the expansion is to enhance the protection of children and mentally incapacitated...more

Fisher Phillips

Key Reduction in Force Considerations for Manufacturing Employers as Layoffs Mount

Fisher Phillips on

The strong jobs report recently released by the federal government included a surprising twist: it showed the manufacturing industry lost over 34,000 jobs in the past two months, standing now as one of the weakest industry...more

Hinshaw & Culbertson - Employment Law...

Impact for Employers: The NLRB General Counsel Doubles Down on Restrictive Covenants and Stay-or-Pay Provisions

The General Counsel of the National Labor Relations Board ("NLRB") issued Memorandum GC 25-01 on October 7, 2024, which establishes her intent to "urge the Board not only to find certain non-compete provisions unlawful, but...more

Littler

Bracing for Impact if California Voters Approve Statewide Minimum Wage Increase

Littler on

At the November 5, 2024 election, California voters will determine the fate of Proposition 32, which proposes to increase the state minimum wage and provide for automatic future adjustments tied to inflation. While the...more

Association of Certified E-Discovery...

How the Failure to Preserve Led to Production of the Legal Hold Notice

In EEOC v. Formel D USA, Inc. (September 12, 2024), the U.S. District Court’s ruling underscored a critical lesson for litigators: failure to preserve electronically stored information (ESI) can lead to severe sanctions,...more

Fisher Phillips

Comprehensive Checklist to Help Businesses Prepare for Soccer’s 2026 World Cup

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Less than two years from now, visitors from around the world will descend on the U.S., Mexico, and Canada, as the three countries jointly host FIFA’s 2026 World Cup – and your business might want to start preparing already....more

Cozen O'Connor

The State AG Report – 10.10.2024

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •GOP AGs Urge Congress to Tune In and Support AM Radio in...more

Fox Rothschild LLP

NLRB General Counsel Calls for Monetary Relief for Unlawful Noncompetes

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National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo has issued a memorandum (GC 25-01) that calls for monetary remedies in cases where noncompete covenants or “stay-or-pay” provisions are deemed to violate...more

Baker Botts L.L.P.

Colorado Attorney General Proposes Privacy Act Rules

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On September 13, 2024, the Colorado Attorney General published a set of proposed rules for the Colorado Privacy Act. The proposed rules introduce several significant changes aimed at enhancing consumer privacy protections and...more

Verrill

IRS Provides Helpful Answers Regarding Long-Term Part-Time Employees in 403(b) Plans

Verrill on

In November 2023, the IRS issued proposed regulations addressing the SECURE 2.0 long-term part-time (LTPT) employee eligibility requirements applicable to 401(k) plans knowing that further guidance would be needed to explain...more

Brooks Pierce

NLRB General Counsel Doubles-Down on Non-Compete Agreement—and Takes Aim at “Stay-or-Pay” Provisions

Brooks Pierce on

On October 7, 2024, the General Counsel for the National Labor Relations Board (“NLRB”) issued a memorandum offering her perspective on damages employers may face when enforcing allegedly unlawful non-compete agreements, and...more

Payne & Fears

NLRB GC Targets Non-Compete & “Stay-or-Pay” Provisions

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On Oct. 7, 2024, Jennifer Abruzzo, General Counsel for the National Labor Relations Board (“NLRB”), issued a memorandum aimed squarely at non-compete and “stay-or-pay” provisions, and how she plans to address them under the...more

U.S. Equal Employment Opportunity Commission...

Restaurant Depot Agrees to Settle EEOC Class Sexual Harassment Case

Federal Investigation Found Store Manager Sexually Harassed Multiple Female Employees And Company Failed to Respond - SEATTLE – Jetro Holdings, LLC, a wholesale food service supplier operating under the name Restaurant...more

Davis Wright Tremaine LLP

SCOTUS Takes Up Another Case With DEI Implications

Last week, the Supreme Court accepted review of Ames v. Ohio Department of Youth Services. The court will address a circuit split regarding the standard courts apply in discrimination claims brought by majority group...more

Foley & Lardner LLP

Stellantis Files String of Lawsuits Against UAW Claiming Strike Threats Are Bad Faith

Foley & Lardner LLP on

On October 7, 2024, in a coordinated attack, Chrysler owner Stellantis filed a string of lawsuits across multiple jurisdictions against the United Auto Workers Union (“UAW”) and numerous local chapters regarding the UAW’s...more

Parker Poe Adams & Bernstein LLP

NLRB Memo Outlines Stricter Enforcement of Noncompetes and 'Stay-or-Pay' Provisions

The National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memorandum this week titled "Remedying the Harmful Effects of Non-Compete and 'Stay-or-Pay' Provisions that Violate the National Labor...more

Lathrop GPM

Massachusetts Supreme Judicial Court Rules that Franchisees Did Not Perform Services for Franchisor Within the Meaning of the...

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The Massachusetts Supreme Judicial Court answered “no” to a certified question from the First Circuit Court of Appeals asking whether plaintiff franchisees “‘perform any service’ for 7-Eleven within the meaning of [the...more

Groom Law Group, Chartered

Supreme Court to Decide ERISA Prohibited Transaction Dispute

On October 4, 2024, the Supreme Court agreed to hear an appeal in Cunningham v. Cornell University. The appeal involves review of a split among the United States Courts of Appeals over what plaintiffs must plead when...more

Mitratech Holdings, Inc

25 SMART Goals For HR Professionals in 2025

Mitratech Holdings, Inc on

As we step into 2025, the role of HR professionals continues to evolve and adapt to the ever-changing needs of organizations and employees. With the focus on the department, setting SMART goals has become an essential...more

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

Employers in England, Scotland, and Wales Have New Obligation to Prevent Sexual Harassment

Beginning 26 October 2024, employers in England, Scotland, and Wales will be under a new obligation to take “reasonable steps” to prevent sexual harassment of workers in the course of their employment. Details regarding this...more

Lathrop GPM

Eighth Circuit Court of Appeals Affirms Dismissal of Case Based on Plaintiff’s Dishonesty

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Last month, the U.S. Court of Appeals for the Eighth Circuit affirmed a sanction decision of the U.S. District Court for the District of Minnesota, ruling that the lower court’s dismissal of the plaintiff’s case for lying in...more

Parker Poe Adams & Bernstein LLP

Supreme Court Declines Review of Fourth Circuit Age Discrimination Standards

This week, the U.S. Supreme Court rejected a petition requesting review of a Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) decision that set a low bar for plaintiffs to plead...more

King & Spalding

Newsflash - UK Employment Law Changes Confirmed

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The UK’s new Labour government has unveiled a package of new workers’ rights today (Thursday 10 October 2024), with wide-ranging ramifications for employers. Whilst the majority of measures will not be implemented until 2026...more

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