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Labor & Employment Updates

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

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

April 1, 2018 is Fast Approaching – Are Your Disability Claims Procedures Ready?

by Foley & Lardner LLP on

The Department of Labor issued the final disability claims regulations on December 16, 2016. These regulations are effective for all claims filed on or after April 1, 2018. The Department felt the update was needed to...more

Ban-The-Box Laws In Spokane, Washington, And Kansas City, Missouri

by Jackson Lewis P.C. on

State and local jurisdictions have continued to consider and enact legislation restricting employers from inquiring about a job applicant’s criminal background during the initial stages of the application process. Two of the...more

Recordkeeping Violations Spell A Real Problem For Employers

by Fox Rothschild LLP on

Accurate records are extremely important for employers. The employer must record the employees’ start time, when they took lunch, and when they leave at the end of the day. That is so employees can be properly paid (for...more

SCC Integrates Reasonable Accommodation Concept into Assessment of the Right to Return to Work

The Supreme Court of Canada (SCC) recently rendered judgment in Québec (Commission des normes, de l’équité, de la santé et de la sécurité du travail) v. Caron (Caron Judgment), integrating the concept of reasonable...more

Settlement Reached with CalPERS on Behalf of Truckee BB&K Represented Town in Negotiations

by Best Best & Krieger LLP on

Following a CalPERS audit of the Town of Truckee, Calif. about three years ago, CalPERS determined that merit pay was not PERSable because it was only offered to employees who had reached the maximum on their salary ranges....more

II-28 – The New Relaxed Intern Standard and Implications for Employers

by Cozen O'Connor on

Is your company thinking about your summer (and other) internship program? This episode presents an interview that Mike just gave on the Sirius XM Wharton Business Channel to discuss the United States Department of Labor’s...more

[Podcast]: Severance Pay Plans & ERISA

In this benefits law edition of The Proskauer Brief, senior counsel Anthony Cacace and partner Robert Projansky discuss how severance plans can be subject to ERISA. We will discuss the key advantages of having severance pay...more

February Forecast Calls For Persistent ICE Immigration Raids Across The Country - Employers Need To Prepare Now To Avoid Federal...

by Fisher Phillips on

Federal enforcement officials are amplifying their efforts to crack down on undocumented workers and the businesses that employ them, as Immigration and Customs Enforcement (ICE) officials have raided over 120 businesses in...more

Does Anything Good Happen After Midnight? Austin, Texas Adopts Paid Sick Leave

by Littler on

At approximately 1:00 a.m. CST on February 16, 2018, the Austin, Texas City Council approved an ordinance establishing a paid sick leave requirement that will apply to all private employers located within the City. If, as...more

Second Circuit Permits Longer Look-Back Period for Repeat OSHA Violations

by Ballard Spahr LLP on

The Second Circuit offered no valentines to employers on Wednesday when it affirmed a citation issued to Triumph Construction Corporation by the Occupational Safety and Health Administration (OSHA) for a repeat violation of...more

The EEOC Phoenix District Office Challenges Releases Waiving Future Financial Liability for Discrimination Claims

by Littler on

A recent settlement shows that the Equal Employment Opportunity Commission (EEOC) continues, from time to time, to take the position in litigation that an employee’s private release may not waive the employee’s right to...more

Recreational cannabis in the workplace: A guide for California employers

by Thompson Coburn LLP on

Do your employees think they can smoke cannabis in the workplace because it’s legal? Are your employees telling you that even though they failed a drug test you have to keep them on as employees? Although cannabis usage is...more

Securities and Corporate Governance Update – February 2018

by Bryan Cave on

On December 22, 2017, President Trump signed the bill popularly referred to as the “Tax Cuts and Jobs Act” (the “Act”) into law. The Act contains significant changes to Section 162(m) of the Internal Revenue Code that are...more

Maine Prohibits Employers From Discrimination Based on Off-Duty Marijuana Use

In 2016, Maine voters approved a referendum that legalizes use of recreational marijuana in the state. Among other things, the referendum prohibits employers from discrimination against employees based on off-duty marijuana...more

California Case is the Latest to Address Whether Worker is an Independent Contractor of Employee

by Stinson Leonard Street on

Companies in many industries – including, for example, construction, trucking, logistics, restaurants, and food service – utilize independent contractors....more

Austin’s Earned Sick Time Ordinance: 8 Things You Need to Know

In the early hours of February 16, 2018, the Austin City Council passed a new ordinance on earned sick time that affects employers in Austin, Texas. The ordinance will not take effect until October 1, 2018, and is likely to...more

West Virginia Legislative Brief 2/16/2018

by Steptoe & Johnson PLLC on

...Today was yet another day of teachers showing up in large numbers voicing their opposition and concern about the PEIA and teachers pay proposals. Worth noting, last Sunday representatives of the county affiliates of the...more

NLRB Still Seeking Input on Possible Rescission of “Quickie” Election Rule

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The business community has another opportunity to convince the NLRB to rescind the expedited election rules that have been wreaking havoc on workplaces since 2014, after the agency extended the public...more

Gentlemen’s Club Cannot Compel Arbitration Where It Actively Litigated Merits Of Dispute

by Carlton Fields on

The Fourth Circuit upheld a district court’s decision refusing to compel arbitration in a labor dispute between a gentlemen’s club (“Crazy Horse”) and a putative class of entertainers because of Crazy Horse’s extensive...more

Employment Law 2017 Year in Review

by Barley Snyder on

While the buzz and publicity on the issue has been mainly contained to the worlds of politics, media and entertainment, with recognizable names such as Harvey Weinstein, Kevin Spacey, and Louis C.K. all facing...more

What's Really Going on When You Receive an Iowa Civil Rights Commission Complaint?

by Davis Brown Law Firm on

When an employer receives an official notice from the Iowa Civil Rights Commission or any other agency, it can cause a slight elevation of blood pressure and potentially a drop in your stomach as you open the envelope to see...more

New California Form Helps Employers Comply With Immigrant Worker Protection Act

The California Labor Commissioner’s Office has released a template notice form to help employers comply with the posting requirements under California Labor Code section 90.2(a)(1), also known as the Immigrant Worker...more

Employment Law This Week®: Delivery Driver Ruled Independent Contractor, Parental Leave Proposal, Federal Contractor Audits,...

by Epstein Becker & Green on

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Recent Legislation Will Affect 401(K) Hardship Distributions

by Jackson Lewis P.C. on

Just a few weeks ago, the federal government avoided a potentially lengthy government shutdown when Congress passed and the President signed into law the Bipartisan Budget Act of 2018 (the “Act”). You may already know that...more

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