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Manatt, Phelps & Phillips, LLP

Ninth Circuit: Employer Can Be Liable for Social Media Posts by Coworker

Social media posts made by a coworker off-hours and off-site may still support a Title VII claim against an employer, the Ninth U.S. Circuit Court has ruled. Lindsay Okonowsky was a staff psychologist at the Bureau of...more

Ius Laboris

Changes to Canada’s Temporary Foreign Worker Programme

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Several significant changes to government policies relating to temporary foreign workers have recently gone into effect in Canada....more

CDF Labor Law LLP

New Minimum Wage for California Health Care Workers Takes Effect October 16, 2024

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A minimum wage increase for health care workers in California will kick in on October 16, 2024. The change was originally slated to take effect this past June, after California enacted Senate Bill (“SB”) 525 in the fall of...more

Fisher Phillips

NLRB Counsel Cracks Down On “Stay-or-Pay” Provisions and Non-Competes: 7 Steps Employers Should Consider in Response

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The National Labor Relations Board’s chief lawyer just said that many “stay-or-pay” provisions – agreements where workers are asked to repay their employer if they separate from employment – violate federal law, and also...more

Manatt, Phelps & Phillips, LLP

Single Discriminatory Incident May Support FEHA Suit

Can a single incident of racial discrimination be sufficient to support a claim of Fair Employment and Housing Act (FEHA) violations? Yes, the California Supreme Court has ruled unanimously....more

Littler

New Developments on the Enforceability of Releases in Brazil

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In 2017, companies in Brazil welcomed changes to its labor code that introduced the option for securing enforceable releases to employment law claims. The changes to the labor code included allowing parties to seek a...more

Littler

Canada Imposes New Language and Field of Study Requirements on Its Post-Graduation Work Permit Program

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On September 18, 2024, Canada announced that it would impose new language and field of study eligibility requirements on its Post-Graduation Work Permit (PGWP) Program. The imposition of these new requirements aligns with...more

Bradley Arant Boult Cummings LLP

Recent EEOC Activity and What to Watch For

In recent weeks, the EEOC has filed a number of lawsuits on behalf of individuals, alleging a range of employment claims. Here, we provide a brief overview of those lawsuits and the issues that may be on the EEOC’s mind....more

Perkins Coie

Massachusetts Court Finds Retention Bonuses Are Not Wages

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A Massachusetts state appellate court recently ruled a retention bonus is a form of “contingent compensation” not subject to Massachusetts’s wage laws.  In Nunez v. Syncsort, Inc., No. 23-ADCV-63, employee Carlos Nunez...more

Skadden, Arps, Slate, Meagher & Flom LLP

In the UK, a New Duty on Employers To Prevent Sexual Harassment in the Workplace

A new duty on employers to take reasonable steps to prevent the sexual harassment of their employees takes effect on 26 October 2024. The Current Rules - While an employer can be vicariously liable for harassment...more

Verrill

Frequently Asked Questions (and Answers) Concerning Maine’s Paid FMLA Law

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As we enter the fourth quarter and await the reveal of the state’s third iteration of revisions to the proposed rules governing the state’s Paid FMLA statute, what are some things all Maine employers (and employers outside of...more

A&O Shearman

Pensions: what's new this week - October 7, 2024

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Welcome to your weekly update from the A&O Shearman Pensions team, covering all the latest legal and regulatory developments in the world of workplace pensions. TPR publishes regulatory intervention report: The Meghraj...more

Keating Muething & Klekamp PLL

NLRB General Counsel Expands Focus on Non-Compete Agreements and Stay-Or-Pay Agreements

This summer, eyes were focused on the Federal Trade Commission and its announced rule seeking to invalidate millions of non-compete agreements across the country. That rule was ultimately struck down in the Court, but federal...more

Faegre Drinker Biddle & Reath LLP

The New Fiduciary Rule (50): What is a Best Interest Process?

If you study the rules of the various standard-setters, a pattern emerges about their expectations for the process for developing a best interest recommendation. The DOL and SEC are consistent in that regard, while the NAIC...more

Carlton Fields

SEC Penalties for Off-Channel Communications: Still Blowing in the Wind

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The SEC has increased its enforcement efforts against firms that are registered as broker-dealers and/or investment advisers for alleged violations of federal securities laws involving “off-channel communications.” Such...more

Marshall Dennehey

Commonwealth Court Holds That Claimant Who Was Sole Proprietor is Required to Provide Notice of Work-related Injury to Workers’...

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Erie Insurance Property & Casualty Company v. David Heater (WCAB), No. 148 C.D. 2023; filed May 29, 2024; President Judge Cohn Jubelirer - In this case, the claimant was the owner of the employer and the sole employee. He...more

Marshall Dennehey

Commonwealth Court Affirms Denial of Claim Petition That Alleged Occupational Disease of Lead Toxicity

Marshall Dennehey on

Jerry Mercer v. Active Radiator MPN, Inc. (WCAB); No. 1326 C.D. 2023; filed June 3, 2024; Judge Fizzano Cannon - On August 24, 2018, the claimant advised the employer that he had sustained a work-related injury due to lead...more

Greenberg Glusker LLP

From The Boardroom To The Living Room

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The unique needs of high-net-worth individuals and their families necessitate a nuanced understanding of the legal landscape, especially when acquiring residential property and setting up a household. There are several...more

Clark Hill PLC

DraftKings Case Shows Limited Reach of California’s Noncompete Ban

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It is no secret that California is hostile to noncompetition (noncompete) agreements. As of Jan. 1, 2024, California employers cannot enforce nor enter into noncompete provisions or agreements with an employee or prospective...more

Bricker Graydon LLP

Compliance Tips: Do You Understand How “Pick-up” Contributions Work?

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A much-used but often confusing element of governmental retirement plans are “pick up plans,” where an employer pays -- or “picks up” -- an employee’s required contribution under the State’s public employment retirement...more

DCI Consulting

OMB Approves Monthly Data Collection from Construction Companies

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The Office of Management and Budget (OMB) has given final approval to a monthly data collection from construction companies. The Office of Federal Contract Compliance Programs (OFCCP) had requested this data collection in...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

BAE wins forfeiture case

BAE Systems Inc. has won a class action lawsuit about misusing 401(k) plan forfeitures. U.S. District Judge Anthony Trenga, of the U.S. District Court for the Eastern District of Virginia, granted BAE’s motion to dismiss...more

CDF Labor Law LLP

[Webinar] Just When You Thought It Was Safe to Go Back to the Office – The Top 10 Current Legal Headaches for California Employers...

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California employers face a constantly evolving legal landscape, with compliance challenges that can lead to significant financial and operational risks. Join CDF Partners Todd Wulffson and Alessandra Whipple during this...more

Fisher Phillips

The Next Generation of E-Verify: A Brief Guide for PEOs

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E-Verify+ is a new government tool that aims to streamline workplace eligibility verification – and it could soon impact PEOs that choose to assist their customers with E-Verify procedures. This article provides a summary of...more

Seyfarth Shaw LLP

Navigating employee relations: The advisor’s role (Part 5)

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In recent months, I’ve spoken to many HR professionals about all things employee relations or “ER.”...more

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