Employment Flash - September 2014

In This Issue:

- SEC Pays First Whistleblower Award to Audit and Compliance Professional

- Supreme Court Allows Affordable Care Act Contraceptives Religious Exemption

- EEOC Adopts New Pregnancy Discrimination Guidance

- Executive Order Bans Sexual Orientation and Gender Identity Discrimination

- Second Circuit Decides Two Whistleblower Cases

- California’s Paid Sick Leave Law to Take Effect Next Year

- Third Circuit Decides FMLA ‘Mailbox Rule’ and Right to Return Cases

- San Francisco and New Jersey Limit Criminal Background Checks

- California Class Certification Developments: Lowering the Bar for Independent Contractor Misclassification and Suitable Seating Developments

- Franchisor May Be Subject to Sexual Harassment Liability to California Franchisee Employees

- President Obama Executes Fair Play and Safe Workplaces Executive Order

- Texas Enforces New York Forfeiture for Competition Agreement

- OSHA Announces New Rule for Reporting Injuries

- Supreme Court Declines to Expand Public Employee Union Fees Holding

- Fluctuating Workweek Overtime Method Violates Pennsylvania Law

- California Requires Supervisor Abusive Conduct Training

- Excerpt from California Requires Supervisor Abusive Conduct Training:

Existing California law requires sexual harassment training for supervisors for a minimum of two hours every two years. Cal. Gov’t Code § 12950.1. Effective January 1, 2015, a component of this training must cover the prevention of abusive conduct not expressly tied to sexual harassment. Abusive conduct is defined as conduct of an employee or employer in the workplace, with malice, that a reasonable person would find hostile, offensive and unrelated to an employer’s legitimate business interests. It includes repeated infliction of verbal abuse, conduct that a reasonable person would find threatening, intimidating or humiliating, or the gratuitous sabotage or undermining of a person’s work performance...

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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