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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

Fisher Phillips on

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

Cozen O'Connor on

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

Fox Rothschild LLP on

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

Baker Botts L.L.P. on

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

Payne & Fears on

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

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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

Lathrop GPM on

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

Fisher Phillips

Open Enrollment Season in the Workplace: 5 Legal Considerations + Employer Takeaways

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Open enrollment season can put a spotlight on the many complex rules applicable to employer-sponsored health and welfare plans. As you announce your benefit offerings for the upcoming plan year and tirelessly work to inform...more

Mitratech Holdings, Inc

Witch Hunt or Due Process? Properly Handling Harassment Claims

Mitratech Holdings, Inc on

In the wake of a significant rise in harassment reports (6,000 more anonymous hotline submissions were reported in 2023 than the previous year) businesses face a critical question: How can they handle a rising volume of...more

DCI Consulting

Maryland’s Revised Pay Transparency Law Goes Into Effect

DCI Consulting on

Overview and Intro - Maryland’s revised pay transparency law went into effect on October 1, 2024. The law expanded to cover disclosure of pay ranges to existing employees. Maryland is among two dozen other states that...more

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

Employment Rights Bill Is Laid Before UK Parliament: What Employers Need to Know

The new Labour government has set out its plans for reforming the labour market in its Employment Rights Bill just within the first one hundred days in office. This volume of change was initially set out in the Labour...more

Goodwin

Navigating New CNIL Sanctions: What You Need to Know

Goodwin on

The Commission Nationale de l’Informatique et des Libertés (CNIL) is an independent French administrative regulatory body whose mission is to ensure that the collection, storage, and use of personal data comply with data...more

Constangy, Brooks, Smith & Prophete, LLP

FMLA leave: 5 things this employer (allegedly) did wrong

Don't be this employer. (Allegedly.) Not long ago, I posted about an employer who won summary judgment in an FMLA case and noted five things that the employer did right, which helped it win. Sad to say, a decision came out...more

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