News & Analysis as of

Employer Liability Issues Regulatory Requirements

Verrill

A Brief Guide to Qualified Disclaimers for Retirement Plan Administrators

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A “qualified disclaimer” is a tax-effective way to refuse a transfer of property that would otherwise occur on someone’s death. From time to time, retirement plan administrators may be contacted by a beneficiary who wants a...more

Verrill

Student Loans and Code Section 127 Educational Assistance Programs: A Reminder from the IRS, FAQs, and a Sample Plan Document

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On August 28, the IRS issued IR-2024-227, reminding employers of the following key aspects of educational assistance programs under Internal Revenue Code Section 127: -They can be used to help reimburse the costs of or...more

Littler

New Brazil Pay Transparency Report Is Due by the End of September 2024

Littler on

In July 2023, the Brazilian Congress passed a law with new and more stringent rules relating to equal pay, with a particular focus on the gender pay gap. The law requires a number of measures be implemented to make...more

FordHarrison

New Illinois Employment Laws (Likely) Coming Soon! (UPDATED)

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The Illinois Legislature has been busy this 2024 session, passing more than 10 new employment laws or amendments to existing employment laws in May 2024, only one of which in any manner affirmatively helps employers. We will...more

Bradley Arant Boult Cummings LLP

Tipped Out? 5th Circuit Negates DOL Tip Credit Rule

How the FLSA “tip credit” is applied has been pushed and pulled numerous times over the last two decades. In the latest volley, the Fifth Circuit entered an order on August 23, 2024, vacating the Department of Labor’s 2021...more

Bricker Graydon LLP

The Emerging World of AI in the Workplace: What Employers Need to Know.

Bricker Graydon LLP on

Artificial intelligence (AI) software, programs, and systems are not new. But, as with other recent advances in technology, the law is racing to keep up or even catch up with the use of AI in the workplace. AI offers...more

Sheppard Mullin Richter & Hampton LLP

Illinois Updates Employment Law to Address Artificial Intelligence

Illinois recently updated its employment law, the Illinois Human Rights Act to prohibit discriminatory uses of AI. Artificial intelligence as defined by the amendment will cover generative artificial intelligence, not just...more

Seyfarth Shaw LLP

Much Needed Clarity May Finally Be Coming on Who Qualifies as a Job Applicant Under the Washington Equal Pay and Opportunities Act

Seyfarth Shaw LLP on

On August 20, 2024, Western District of Washington Judge John H. Chun asked the Washington Supreme Court to answer the question of what a party must prove to be considered a “job applicant” for the purposes of a pay...more

Pullman & Comley, LLC

High Steaks: Don’t Get Cooked by Ignoring Your Employee Handbook

Pullman & Comley, LLC on

Whether you run a small café with five employees or a bustling restaurant with 100 team members, having a legally compliant and regularly updated employee handbook is essential. It’s more than just a guide—it's a powerful...more

Sheppard Mullin Richter & Hampton LLP

The NLRB Implements Its Fair Choice – Employee Voice Final Rule – Effective September 30, 2024

On July 26, 2024, the National Labor Relations Board (“Board”) issued its Fair Choice – Employee Voice Final Rule (“Final Rule”), which rescinds a trio of April 2020 amendments to the Board’s Rules and Regulations affecting...more

Seyfarth Shaw LLP

More Bad News for the FTC: Federal Court in Florida Enjoins Enforcement of Non-Compete Ban

Seyfarth Shaw LLP on

Wednesday, a third court weighed in on the FTC’s proposed ban on non-competes, set to go into effect on September 4, 2024. Judge Corrigan of the United States District Court for the Middle District of Florida granted the...more

Bradley Arant Boult Cummings LLP

Illinois Civil Rights Protection Goes High-Tech: Illinois Human Rights Act Expanded to Include AI Regulation

Illinois Gov. J.B. Pritzker signed legislation last week that will require Illinois employers to inform workers and job seekers about their use of artificial intelligence (AI) technology in making employment decisions. The...more

Seyfarth Shaw LLP

Cal/OSHA Drafts Rules for Workplace Violence Prevention in General Industry (UPDATED)

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Seyfarth Synopsis: Following California’s Workplace Violence Prevention Plan regulation becoming effective, the California Division of Occupational Safety and Health (“Cal/OSHA”) recently published its draft Workplace...more

Gibney Anthony & Flaherty, LLP

USCIS Completes Second H-1B Lottery for FY 2025

USCIS announced on August 6, 2024 that it completed the second H-1B cap lottery for fiscal year (FY) 2025 H-1B cap. All employers with selected registrations have been notified. Employers with selected registrations from the...more

DirectEmployers Association

OFCCP Week In Review: August 2024

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee J. Chambers and Cynthia L. Hackerott. In today’s...more

Spilman Thomas & Battle, PLLC

Five Best Practices for Effective Workplace Investigations

A safe, productive workplace is one in which issues are dealt with in a swift, fair, and consistent manner. One of the primary tools for accomplishing this goal is a credible, thoughtful process to identify, analyze, and...more

Spilman Thomas & Battle, PLLC

FMLA Doesn’t Allow an Employee to Nap on the Job – Does It?!

The Family and Medical Leave Act (FMLA) – a federal law that provides 12 weeks of unpaid leave to employees for their own serious health condition or a family member’s serious health condition – can present tricky situations...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on … Offering a Compliant Payroll Debit Card Option to Employees

Epstein Becker & Green on

In an increasingly cashless society, many employers are considering moving to payroll debit cards to provide workers with greater flexibility and convenience. ...more

Stradling Yocca Carlson & Rauth

Stay Cool And Compliant – Cal/OSHA’s Indoor Heat Illness Prevention Standard Is Now In Effect

As discussed in our previous alert, last month Cal/OSHA approved the Heat Illness Prevention in Indoor Places of Employment Standard (“Indoor Heat Standard”)....more

Gibney Anthony & Flaherty, LLP

USCIS Will Conduct Second FY 2025 H-1B Cap Lottery

USCIS has announced that it will soon conduct a second round of H-1B cap lottery selection for fiscal year (FY) 2025 H-1B cap from the previously submitted registrations. USCIS has not indicated when the lottery will take...more

Seyfarth Shaw LLP

Federal Court in Pennsylvania Creates District Split on Enforceability of FTC Non-Compete Ban

Seyfarth Shaw LLP on

Yesterday, the Court in the ATS Trees v. FTC case denied Plaintiff ATS Trees’ Motion for Stay and Enjoin the FTC recent Ban on Non-Compete agreements (“Final Rule”), because, the Court held, ATS Trees failed to establish...more

McDermott Will & Emery

Bewerber googlen? LAG Düsseldorf zur Zulässigkeit & Schadensersatzrisiko

McDermott Will & Emery on

LAG Düsseldorf: Hintergrund-Recherchen über Bewerber als Teil des üblichen Bewerbungsprozesses? Wie es in dem Zusammenhang zu einem Schadensersatzanspruch kommen kann. Ein Arbeitgeber muss einem Bewerber 1.000 EUR als...more

McDermott Will & Emery

FTC Final Noncompete Rule: Game Plan Checklist

McDermott Will & Emery on

With the Federal Trade Commission’s Final Rule that would ban noncompetes nationwide set to go into effect on September 4, 2024, assuming pending litigation doesn’t cause any delays, employers should begin planning now to...more

DarrowEverett LLP

Terminating Employees? Ignoring State And Local Wage Laws Can Cost You

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Terminating employees can be a daunting task. Failing to follow your state or local rules when terminating an employee can make the task exponentially more difficult and expensive. When a business plans on firing or laying...more

McDermott Will & Emery

Private Nutzung von Internet und E-Mail am Arbeitsplatz: Endlich mehr Sicherheit für Arbeitgeber?

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Private Nutzung von Internet und E-Mail am Arbeitsplatz: Endlich mehr Sicherheit für Arbeitgeber? Nach bisheriger Auffassung der deutschen Datenschutzbehörden ist der Arbeitgeber bei gestatteter Privatnutzung von...more

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