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Labor & Employment Updates

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

New “Equal Pay for Equal Work” Provisions in Ontario Limit Ability to Vary Employees’ Pay Based on Employment Status

by Bennett Jones LLP on

On November 28, 2017, Ontario’s Bill 148, the Fair Workplaces, Better Jobs Act, 2017, received Royal Assent. While some major changes have already come into effect, others are just around the corner....more

California Legislature Increases Benefits for Employees on Family Leave and State Disability

by Ervin Cohen & Jessup LLP on

For periods of disability commencing on or after January 1, 2018, Assembly Bill 908 will increase the benefits provided to individuals in the Paid Family Leave and State Disability Insurance programs. AB 908 raises the level...more

Energy Newsletter - January 2018

by King & Spalding on

Gas Market Reform in Asia: an Update on the Implementation of Third Party Access to LNG Import Terminals - The rise of natural gas and LNG in Asia continues apace, fuelled by a convergence of plentiful global LNG supply,...more

Employment Law - January 2018

New Tax Bill Deletes Deduction for Sexual Harassment Settlements - Why it matters - Employers, take note: The new Tax Cuts and Jobs Act contains a provision that prohibits deductions for settlements or payments related...more

DOL Says Hello to Primary Beneficiary Intern Test, Goodbye to 6-Factor Test

by Hinshaw & Culbertson LLP on

Earlier this month, the U.S. Department of Labor announced it will now use the primary beneficiary test” to determine whether an intern must be paid. Its announcement comes in the wake of the 9th Circuit’s adoption of the...more

Dr. King’s Message Rings True Today In The Context Of The LGBTQIA Community

Martin Luther King, Jr. wrote from a jail cell in Birmingham in 1963, "[t]here are two types of laws: there are just laws and there are unjust laws....How does one determine when a law is just or unjust?...Any law that...more

Updates for the New Year - Executive Compensation & Benefits

by Winstead PC on

In spite of certain sound bites you probably heard late last year, the Affordable Care Act (“ACA”) was not repealed for employers. The individual mandate penalty was reduced to zero for a few years, beginning after 2018, so...more

UPCOMING DEADLINES: (1) Form W-2 Reporting Of Employer-Provided Health Coverage; And (2) Medicare Part D Notices To CMS

by Fraser Trebilcock on

Unless subject to an exemption, employers must report the aggregate cost of employer-sponsored health coverage provided in 2017 on their employees’ Form W-2 (Code DD in Box 12) issued in January 2018. Please see IRS Notice...more

OSHA Removes List of “Workplace Fatalities” from its Website Home Page

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In another example of OSHA’s refocus it has dropped from its home page the prominently placed listing of Worker Fatalities. ...more

Is the Inability to Perform the Required Duties of the Job Just Cause for a Public Employee’s Discharge? It Depends. (PART I)

In November 2017, the Commonwealth Court of Pennsylvania issued an opinion concerning an arbitrator’s reinstatement of a state correctional officer (“CO”). The CO was responsible for monitoring inmates who worked on the...more

General Assembly Overrides Governor’s Veto: Maryland Employers Have Less Than 30 Days to Implement Paid Sick Leave

by Miles & Stockbridge P.C. on

Last year, we reported that Governor Hogan had vetoed legislation that would have required most employers in Maryland to provide paid sick leave. In one of its first actions in 2018, the General Assembly overrode the...more

Seventh Circuit Says: Clear Error Standard Applies To Court Review Of Withdrawal Liability Arbitrator’s CBA Interpretation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Seventh Circuit has now applied a clear error standard of review to a withdrawal liability arbitrator’s interpretation of a collective bargaining agreement, thus enhancing the role of the arbitrator in...more

Certification Denied in the Latest Misclassification Overtime Class Action

by Bennett Jones LLP on

In the latest instalment in a growing wave of employment class actions, the Ontario Superior Court of Justice denied certification of a claim for unpaid overtime wages due to fatal flaws in the plaintiff’s certification...more

Fifth Circuit Addresses Scindia Duties on Summary Judgment and the West Caveat Sending Case Back to District Court

by Baker Donelson on

In another recent case on the Scindia duties, the Fifth Circuit Court of Appeals in Manson Gulf, L.L.C. v. Modern American Recycling Service, Inc., remanded a case dismissed by the District Court for the Eastern District of...more

Employee’s Refusal To Take Drug Test Could Not Support Age And Gender Discrimination Claims

by Jackson Lewis P.C. on

A federal court in Massachusetts dismissed the age and gender discrimination claims of a long-term employee who was fired after he refused to take a “reasonable suspicion” drug test. Tombeno v. FedEx Corporate Services, Inc.,...more

Suing Your Employee? Don't Try This at Home

by Faegre Baker Daniels on

In Petter v EMC Corporation [2015] EWCA Civ 828, a U.K. subsidiary and its U.S. parent company were prevented by the English courts from continuing non-compete proceedings against an employee in the court of Massachusetts....more

Inquiry about MLK Jr. Day as Basis for Race Discrimination Claim

by Shipman & Goodwin LLP on

I’ve previously talked about Martin Luther King Jr. (MLK) day in prior posts (including way back in 2008!). But this year, I was curious — have any race discrimination claims used evidence relating to the day to support a...more

Beltway Buzz - January, 2018 #2

Some welcome hot air has finally come to D.C., and it’s not just coming from the mouths of politicians and regulators. Seriously. It’s 60 degrees today in D.C.! This time last week, it was 20 degrees. That’s quite a flip-flop...more

Tax Act: New Opportunity to Defer Income from Certain Private Company Equity Grants

by WilmerHale on

The new Section 83(i) of the tax code, enacted as part of the Tax Act, allows certain private company employees to elect to defer, solely for income tax purposes and for a period of up to five years, the income attributable...more

New Tax Law Prohibits Deduction for Sexual Harassment Settlements With Confidentiality Clauses

The new tax reform law contains a provision intended to address continuing concerns over sexual harassment in the workplace. Now employers that settle sexual harassment or sexual abuse claims with employees cannot deduct...more

Do You Want to See the Report That an OFCCP Compliance Officer Must Complete on Your Audit Before It Can Be Closed?

In order to close an Office of Federal Contract Compliance Programs (OFCCP) evaluation, a compliance officer (CO) must complete the Standard Compliance Evaluation Report (SCER) Form. The SCER is an internal OFCCP document...more

Mission Hospital Agrees to Pay $89,000 To Settle EEOC Religious Discrimination Lawsuit

Asheville Hospital Fired Employees for Declining Flu Vaccination, Federal Agency Charged - ASHEVILLE, N.C. - Mission Hospital, Inc., a North Carolina corporation based in Asheville and the main hospital of Mission Health...more

Department of Labor Adopts More Employer-Friendly Standard for Unpaid Internships

The Fair Labor Standards Act (“FLSA”) mandates the payment of minimum wage and overtime to employees in most US workplaces. However, when it comes to unpaid educational internships, the FLSA does not include a helpful...more

NJLAD Amendment to Protect Nursing Mothers in the Workplace

by Genova Burns LLC on

Since 2010, the Fair Labor Standards Act (“FLSA”) requires employers to provide reasonable break times for nursing mothers to express breast milk. These break times must be provided for up to 1 year after the birth of the...more

Tax Act: Taxation of Fringe Benefits After Tax Reform

by WilmerHale on

The Tax Act makes changes to the tax treatment of fringe benefits that impact both employers and employees. Employers are now denied certain deductions to which they were previously entitled, including expenses for parking...more

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