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Labor & Employment Updates

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

California Legislature Sends ‘Driver’s License Discrimination’ Bill to Governor

California is on the verge of adding yet one more prohibited employment practice to the California Fair Employment and Housing Act (FEHA). On September 9, 2024, the California Legislature presented Governor Gavin Newsom...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The affiliated service group issue

I own a piece of a business and provide services to it, through my sole proprietorship. Pretty much all of that business for the sole proprietorship is performing services for that business I own a piece of....more

Dorsey & Whitney LLP

What Are An Employer’s Rights Relating to Non-Employee Union Representatives On Their Premises?

Dorsey & Whitney LLP on

Although employers are welcome to support their employees’ ability to meet with their union representatives, they are not required to grant nonemployee union representatives access to their property to do so....more

Lathrop GPM

Title VII & Lateral Transfers - Treacherous Territory after United States Supreme Court Ruling

Lathrop GPM on

The United States Supreme Court recently settled a circuit split concerning when an involuntary lateral transfer may violate Title VII of the Civil Rights Act of 1964. The Court’s opinion in Muldrow v. City of St. Louis...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Surely, You Have To Do These Things As A Retirement Plan Sponsor

Since I first saw Airplane! When I was 9, it was my favorite movie. I didn’t understand all the jokes at first, but my love for the film has only increased over time. The beauty of the movie is that it’s played as a straight...more

Hall Benefits Law

Fifth Circuit Appears Skeptical of Invalidating ESG Rule Despite the Fall of Chevron

Hall Benefits Law on

A U.S. Court of Appeals for the Fifth Circuit panel appeared skeptical during oral arguments in which conservative states and Texas-based energy interests sought to reverse a district judge’s order upholding an environmental,...more

Baker Botts L.L.P.

Competition Currents: Summer's Hottest Headlines and Future Forecast

Baker Botts L.L.P. on

Put down the lemonade and break out the pumpkin spice: summer is coming to an end. And while you were in the pool – or maybe just answering emails poolside – the antitrust agencies showed no signs of a summer slowdown. Before...more

Pullman & Comley - Labor, Employment and...

The Newest Wage Hour Risk in Connecticut: Election Poll Workers

A new Connecticut law went into effect this year creating early voting procedures for the first time in Connecticut.  The law, Connecticut General Statutes § 9-163aa, provides that before each election, a period of early...more

Fisher Phillips

From Leave to Legal Obligations: Understanding Maternity and Paternity Rights in Mexico

Fisher Phillips on

Employers doing business in Mexico can help ensure a fair and supportive workplace by understanding certain key regulations. For instance, Mexico’s labor laws offer comprehensive protections for employees during pregnancy and...more

Fisher Phillips

Illinois Employers Using AI for Workplace Purposes Will Soon Need to Provide Notice: 10 Quick Takeaways and 5 Things You Should Do...

Fisher Phillips on

Thanks to a new law signed into effect by Governor J.B. Pritzker, Illinois employers will need to provide notice to applicants and workers if they use artificial intelligence for hiring, discipline, discharge, or other...more

Fisher Phillips

Mexico’s Federal Judiciary Council Announces End to Judiciary Work Stoppage: Key Takeaways for Employers

Fisher Phillips on

Mexico: Courts and tribunals will resume work on September 23 after a work stoppage began on August 21 in response to the Judicial Branch Reform. Here’s what employers doing business in Mexico need to know about this...more

Akerman LLP - Health Law Rx

MHPAEA Final Rule: Clarity on Mental Health Parity?

The three federal agencies tasked with enforcement of the Mental Health Parity and Addiction Equity Act (MHPAEA) — the Departments of Labor, Health & Human Services (through CMS), and Treasury (the Departments) — issued their...more

Epstein Becker & Green

Ban-the-Box Measures Headed for the Financial Services Industry

Epstein Becker & Green on

In recent years, advocates and lawmakers have been pushing to expand the reach of “ban-the-box” measures designed to remove job barriers for individuals with criminal convictions....more

Littler

Employer Zero-Tolerance Marijuana Policy Justified Termination, Federal District Court Agrees

Littler on

Zero-tolerance marijuana policies are not unlawful in Illinois, a federal district court has determined, providing greater clarity for employers. In late 2019, Illinois amended its marijuana law, the Cannabis Regulation and...more

Cadwalader, Wickersham & Taft LLP

FTC’s Rule Banning Non-Compete Agreements Is “Set Aside” Nationwide in District Court Ruling, But Two District Courts Find FTC...

The Federal Trade Commission’s (the FTC) rule prohibiting the entering into or enforcement of non-compete clauses between employers and employees (the Non-Compete Rule) made final in April 2024 and originally scheduled to go...more

Holland & Knight LLP

Oct. 1: New Mandatory Rest Day in Mexico's Federal Labor Law

Holland & Knight LLP on

Due to amendments in 2012 and 2014 to the Political Constitution of the United Mexican States regarding the date of the transfer of the Federal Executive Power (Oct. 1 every six years), there were various interpretations...more

Vedder Price

Colorado Requires Holiday Incentive Pay to Be Included in the Regular Rate of Pay

Vedder Price on

In a recent decision, the Colorado Supreme Court reminded employers that state law often differs from federal law when it comes to properly paying employers. One such area involves calculating the regular rate of pay for...more

Kelley Drye & Warren LLP

New U.S. Department of Labor Reports Portend Forced Labor Trade Enforcement

The U.S. Department of Labor (“DOL”)’s Bureau of International Labor Affairs (“ILAB”) published a series of reports on September 5, 2024, with extensive new insights into the incidence of forced and child labor in global...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Forfeitures cases will continue until they get thrown out

Federal court cases are a game, like chess. You file a complaint, you fight the inevitable motion to dismiss, and once you survive that, you either settle or take the chances with the case and see if the defendants settle...more

Orrick, Herrington & Sutcliffe LLP

AI and German Co-Determination – What Employers Need to Know

AI tools, such as ChatGPT, have become a big part of modern life. They are also becoming more and more relevant in the workplace. The use of AI entails great opportunities, but also a few risks. So far, there is not much case...more

Quarles & Brady LLP

Expansion of DOJ White Collar Whistleblower Programs to Local US Attorney’s Offices

Quarles & Brady LLP on

In August, the Department of Justice’s Criminal Division announced the launch of a Corporate Whistleblower Awards Pilot Program, building off an earlier pilot program started in the Southern District of New York to encourage...more

Woodruff Sawyer

Dependent Eligibility Audit Best Practices

Woodruff Sawyer on

As health care costs continue to rise, many employers are looking for ways they can help contain or eliminate unnecessary health plan costs without impacting the benefits coverage itself. Toward that end, some employers may...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

State mandates will spur private plans

I don’t need studies to tell me that States with mandated SIMPLE IRA programs for employers who don’t have a plan will spur the adoption of private retirement plans. There is no crowd in effect, the fact is that people are...more

Kelley Drye & Warren LLP

Colgate-Palmolive 401(k) Theft Case Settles on Undisclosed Terms, Leaving Open Questions

Many who work with defined contribution plan administrators and consult plan sponsors on their ERISA fiduciary duties have been carefully monitoring Disberry v. Employee Relations Committee of the Colgate-Palmolive Company...more

Morgan Lewis

UK Employers’ New Duty to Prevent Sexual Harassment: Are You Ready?

Morgan Lewis on

Employers have a new duty to take reasonable steps to prevent sexual harassment of employees in the course of their employment under the Worker Protection (Amendment of Equality Act 2010) Act 2023 (the Act). After receiving...more

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