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Labor & Employment General Business

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

In a Win for Property Owners California Court Expands and Clarifies Privette Doctrine

We’ve written before about the Privette doctrine, which generally holds that a higher-tiered party is not liable for injuries sustained by employees of a lower-tiered party under the peculiar risk doctrine, here, here, here...more

Is Employee Out of Commission? Not So Fast, Says Appellate Court

by Zuckerman Spaeder LLP on

When an employer changes its contract with an employee, the change should be communicated clearly—and preferably, in writing. Otherwise, the employer may be at risk of finding that the old terms still control. For example,...more

Departing Employee Obligations

by Jaburg Wilk on

Employees who depart their employment do not always think about obligations they may continue to have to their former employer. Former employers do, however, and should never underestimate what a departing employee may or...more

As to why Retail Store Planning is Important To your Upcoming Retailer

by Hogan Lovells on

Proper retail store organizing can pave the path pertaining to the success of a shop. It includes detailed analysis of the requirements of the particular store, choosing the best path to accomplish customer need and obtain...more

Fifth Circuit Vacates Fiduciary Rule, Creating Circuit Split; Headed to Supreme Court?

by Pepper Hamilton LLP on

On March 15, in Chamber of Commerce v. U.S. Department of Labor, No. 17-10238 (5th Cir. March 15, 2018), the Fifth Circuit Court of Appeals struck down the Department of Labor’s (DOL’s) fiduciary rule in a 2-1 decision. ...more

Fifth Circuit Vacates DOL Fiduciary Rule

by Burr & Forman on

It was the Ides of March for the Obama Administration’s “fiduciary duty rule” that sought to remake much of nation’s financial markets by back-door regulation of anyone dealing with IRA investors. The US Fifth Circuit...more

More Transparency at the OFCCP: New Protocol to Standardize Use of Predetermination Notices

In a move toward greater transparency, the Office of Federal Contract Compliance Programs (OFCCP) recently issued Directive 2018-01 affecting the use of predetermination notices (PDNs) in discrimination cases. OFCCP uses PDN...more

Fifth Circuit Vacates DOL Fiduciary Rule

In a 2-1 decision, the U.S. Court of Appeals for the Fifth Circuit vacated the Department of Labor’s fiduciary rule, including the expanded definition of “investment advice fiduciary” and the associated exemptions. The...more

Fifth Circuit Strikes Down DOL Investment Advice Fiduciary Rules

by Ballard Spahr LLP on

The Fifth Circuit on March 15 vacated U.S. Department of Labor (DOL) regulations that redefined the circumstances in which a person who provides investment advice in connection with a retirement plan or individual retirement...more

LATIN AMERICA & THE CARIBBEAN: A Legal Guide for Business Investment and Expansion - Colombia

1 .What role does the government of Colombia play in approving and regulating foreign direct investment? Foreign direct investment (FDI) in Colombia is subject to registration with the Colombian Central Bank (Banco de la...more

Tenth Circuit Upholds DOL’s Authority to Impose New Conditions for PTEs and Leaves Door Open for Changes to Fiduciary Rule

The Tenth Circuit recently affirmed the Department of Labor’s authority to impose new conditions for exemption from prohibited transaction rules with respect to the sale of annuity contracts. The case related to the...more

N.L.R.B. “Joint” Disarray – Why That Matters to Manufacturers

Winston Churchill allegedly once said, “lovers of sausage and public policy should not watch either be made.” Recent events at the National Labor Relations Board call that apt quote to mind. ...more

Puerto Rico Supreme Court Sets Standard to Apply the Successor Liability Doctrine

by Littler on

The Puerto Rico Supreme Court (“PRSC”) recently issued an Opinion in the case of Roldán Flores v. M. Cuebas, 2018 TSPR 18, 199 D.P.R. __ (Feb. 6, 2018), in which it addressed again the requirements for applying the “successor...more

GDPR: The Most Frequently Asked Questions: When Honoring a "Right To Be Forgotten" Request Do I Have To Delete Personal Data From...

by Bryan Cave on

The European Union's General Data Protection Regulation ("GDPR") is arguably the most comprehensive - and complex - data privacy regulation in the world. As companies prepare for the GDPR to go into force on May 25, 2018,...more

GDPR's Most Frequently Asked Questions: If I receive a right to be forgotten request from an employee do I have to honor it?

by Bryan Cave on

The European Union's General Data Protection Regulation ("GDPR") is arguably the most comprehensive - and complex - data privacy regulation in the world. As companies prepare for the GDPR to go into force on May 25, 2018,...more

New York #MeToo Initiatives—It’s No Longer Just an HR Issue

by Blank Rome LLP on

Stephen E. Tisman and Rither Alabre Propelled by the Harvey Weinstein scandal and the “#MeToo” movement, New York government officials have taken new steps to protect victims of sexual misconduct in the workplace....more

CEO Pay Ratio Checklist

Many issuers are currently either finalizing their first pay ratio disclosure, or are beginning the process of identifying their median employee. We developed a comprehensive step-by-step checklist with practice tips to help...more

Do Millennials Post a Retention Risk? According to GAO, It’s Reasonable For Agencies to Consider It - Set-Aside Alert

by PilieroMazza PLLC on

The common assumption is that Millennials move quickly between jobs, never truly laying down roots for the long-term. The United States Government Accountability Office (“GAO”) conducted its own study, which focused on...more

LATIN AMERICA & THE CARIBBEAN: A Legal Guide for Business Investment and Expansion - Cayman Islands

1 .What role does the government of the Cayman Islands play in approving and regulating foreign direct investment? The Cayman Islands Government has put in place and continues to maintain a regulatory structure whose goal...more

HUBZone Definition of “Employee” Not So Black-and-White

by PilieroMazza PLLC on

In a recent decision, HUBZone Appeal of Q Services, Inc., the Small Business Administration (“SBA”) clarified that the number of hours worked by a person does not bar SBA from examining the totality of the circumstances to...more

Court Upholds Unlimited Look Back Period for OSHA Repeat Violations

The Occupational Safety and Health Act provides for increased penalties when an employer repeatedly violates a standard. While there is no specific time frame established in the statute for how long OSHA can look back for a...more

Are You Ready For April 1, 2018 in Japan? Employees on a Fixed-Term Contract Exceeding 5 Years Will Be Able to Convert Their...

by Littler on

Japan has a reputation for being a difficult jurisdiction for firing employees. Accordingly, the use of fixed-term employment contracts has been a regular strategy for employers to maintain more discretion in whether to...more

LATIN AMERICA & THE CARIBBEAN A Legal Guide for Business Investment and Expansion - British Virgin Islands

1 .What role does the government of the British Virgin Islands play in approving and regulating foreign direct investment? The British Virgin Islands (commonly referred to as BVI) are a British Overseas Territory. As a...more

California Transportation Industry Waives Goodbye To Enforcement Of Federal Arbitration Act Provisions In Employment Contracts

by Jackson Lewis P.C. on

In a loss for the California transportation industry, the Court of Appeal for California’s Fourth Judicial District recently found in Muro v. Cornerstone Staffing Solutions, Inc., that the Federal Arbitration Act (“FAA”) is...more

Review of Qualified Plan Compensation Definition May be Needed Due To Tax Reform

by Snell & Wilmer on

Tax reform made few changes that directly impact qualified retirement plans; however, it made some changes that may indirectly impact qualified retirement plans. We previously blogged on the indirect changes that tax reform...more

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