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Labor & Employment General Business

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

Final Tax Bill Impacts Transportation Fringe Benefit Plans

Late on December 15th, the House-Senate Conference Committee released the final tax bill. The House and Senate molded the differences between the previous House and Senate versions, with most of the Final Tax Bill looking...more

The Next Big Thing: Will Employment Agreement Class Action Waivers Clear the U.S. Supreme Court?

by Moore & Van Allen PLLC on

This year important questions regarding the viability of class action waivers in arbitration agreements have moved close to resolution. In July, the Consumer Financial Protection Bureau (CFPB) issued a long-awaited final rule...more

Micro-Units Are Dead: Labor Board Returns To Traditional “Community Of Interest” Factors For Union Elections

by Fisher Phillips on

One day after overturning the Obama-era’s joint-employer standard and in the waning days of Philip Miscimarra’s Chairmanship, the National Labor Relations Board struck down the pro-union use of micro-units, a tool used to...more

New Board, Old Law: NLRB Restores Stability After The Expiration Of Union Contracts - Raytheon Ends Brief Dalliance with...

by Fisher Phillips on

The National Labor Relations Board just restored stability for employers attempting to maintain the status quo following the expiration of a collective bargaining agreement. In the spirit of giving, outgoing NLRB Chairman...more

First Circuit: The Best Offense Is A Good Defense?

by Carlton Fields on

In Mount Vernon Fire Ins. Co. v. VisionAid, Inc., No. 15-1351P2-01A (1st Cir. Nov. 15, 2017), the First Circuit Court of Appeals ended long-running insurance coverage litigation arising from policyholder VisionAid, Inc.’s...more

New Jersey Legislature Wants to Limit Restrictive Covenants

In keeping with the national trend limiting the use of restrictive covenants, in November 2017, the New Jersey Senate introduced SB3518, a bill setting forth sweeping restrictions that would limit the enforceability of...more

No-Poaching And Wage-Fixing Agreements Violate Antitrust Laws, DOJ And FTC Warn

by Fox Rothschild LLP on

Antitrust laws prohibit price fixing among competing sellers, but those same laws also apply to buyers. Since every company with employees is a “buyer” of employees’ services, federal regulators are reminding businesses that...more

The Intersection of Human Resources and Cybersecurity: How to Mitigate Threats from Within: Insights from Nutter’s Seth Berman

by Nutter McClennen & Fish LLP on

Seth Berman, a partner in Nutter’s Litigation Department and a leader of the firm’s Privacy and Data Security practice group, analyzed the intersection of cybersecurity and human resources in Nutter Insights. Seth outlined...more

LinkedIn Activity May Violate Non-Solicitation Agreements

by Pepper Hamilton LLP on

Q: A former employee has invited some of her former co-workers and clients to connect on LinkedIn. Is this a violation of her non-solicitation agreement with our company? ...more

Medical Marijuana is Coming—Is Your Business Ready?

In 2018, Arkansas businesses will face for the first time the prospect that job applicants and employees will produce a medical marijuana registry ID card approved by the Arkansas Department of Health (“ADH”) in response to a...more

U.S. Senate Passes Its Version of the Tax Cuts and Jobs Act (H.R. 1); Descriptions of the Bills Passed in the House and Senate and...

by Proskauer - Tax Talks on

In the early hours of Saturday morning, the U.S. Senate passed the Tax Cuts and Jobs Act (H.R. 1) (the “Senate bill”), just over two weeks after the U.S. House of Representatives passed its own version of the same legislation...more

How Employers Can Become Experts at Data Breaches: Retaining a third party forensic investigator

by Bryan Cave on

A large portion of the data breaches that occur each year involve human resource related information. Bryan Cave has put together a multi-part series to help human resource managers understand, prepare for, and react to, a...more

ELD Zero-Hour is Nearing, May Lay Traps for the Unwary

by Benesch on

Many outside of over-the-road motor carriers are taking notice of the looming Electronic Logging Device Mandate (ELD Mandate). We are seeing raised hands with many questions and some confusion at this very moment from a wide...more

Multinational Company in China – Are You Concerned About the Personal Credit System and Privacy Provisions in China? You Should...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The People’s Republic of China is making progress in implementing its mandatory “social credit system.” Multinational businesses in China should be watchful of this system, and ready for it when it rolls...more

Lyfting TNCs and On-Demand/Sharing Economy Companies Out of the Misclassification Abyss By Mandating Workplace Insurance in Driver...

by Benesch on

Unlike traditional motor carriers that transport cargo, many Transportation Networking Companies (TNCs), e.g., Uber and Lyft, and similar on-demand/sharing economy companies (On-Demand Companies), e.g., GrubHub (a food...more

Superior Court Explains How To Prove Fees

by Morris James LLP on

The Boeing Company v. Spirit Aerosystems Inc., No. N14C-12-055 EMD CCLD (Dec. 5, 2017) - This decision explains the process and proof required to establish the amount of a fees award....more

Top Considerations for Companies Engaging in Political Expression

by Perkins Coie on

We all know to avoid the topic of politics with family and friends at the holidays, but in recent months, American companies and the CEOs who lead them have spoken publicly on social and political issues like never before....more

Tax Reform Passes The Next Hurdle -- The Senate

by Seyfarth Shaw LLP on

This is the second issue in a planned series of alerts for employers on selected topics on tax reform. The series of Tax Reform Management Alerts is designed to provide an in-depth analysis of executive compensation and...more

Under Construction - December 2017

by Snell & Wilmer on

Letter from the Editor - Welcome to the final 2017 edition of our Under Construction newsletter. It is hard to believe that 2018 is right around the corner! In this issue, we highlight several topics affecting the...more

La Rupture Conventionnelle Collective

by Cohen & Gresser LLP on

L’ordonnance nº 2017- 1387 du 22 septembre 2017 introduit la « rupture conventionnelle collective » dans le Code du travail qui entrera en vigueur dès la publication des décrets d’application, et au plus tard le 1er janvier...more

Tennessee Court of Appeals Finds that Former Employee Breached Non-Compete Agreement Through Actions of His Subordinates

by Butler Snow LLP on

In November 2017, the Tennessee Court of Appeals upheld a Nashville trial court’s determination that a former employee violated his noncompete agreement by managing employees who solicited competing business in the restricted...more

InterConnect - Fall 2017

by Benesch on

Many outside of over-the-road motor carriers are taking notice of the looming Electronic Logging Device Mandate (ELD Mandate). We are seeing raised hands with many questions and some confusion at this very moment from a wide...more

First Look - Fall 2017: Issues and Developments in Insurance Law

by Steptoe & Johnson PLLC on

“Insureds may wish, or be contractually obligated, to extend their insurance coverage to other individuals or entities,” commonly referred to as additional insureds. In fact, in certain industries, additional insured...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

The UK and EU made a significant breakthrough early this morning to “unlock” Brexit divorce negotiations. The still-rough agreement would see Britain repaying $53 billion and addressed in at least vague terms thorny issues...more

OSHA: Disclosure of Workplace Injuries and Illnesses Due Next Week

As we outlined last year, OSHA recently revised its recording and reporting regulation to require certain employers to submit injury and illness data to OSHA on an annual basis for posting on OSHA’s website. The deadline for...more

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