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Bradley Arant Boult Cummings LLP

Welcoming Our Robot Overlords? Navigating New Guidance on AI

As technology continues to evolve, so do the dynamics of labor and employment. The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) recently issued Field Assistance Bulletin No. 2024-1 (FAB 2024-1). FAB...more

Epstein Becker & Green

Is it Time to Rethink Your Time-Rounding Practice?

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For decades, many employers have rounded non-exempt employees’ work time when calculating their compensation.  Maybe they have rounded employee work time to the nearest 10 minutes, maybe to the nearest quarter hour, but they...more

Poyner Spruill LLP

Legal Considerations When Downsizing Your Workforce

Poyner Spruill LLP on

With a weakening economy, many employers are now facing tough cost reduction decisions, which include possible separation of employees. Once it is decided to implement a reduction in force, the employer must make a further...more

Littler

New York City D.A. Wants to Prosecute Wage Theft as a Crime

Littler on

On February 16, 2023, Manhattan District Attorney Alvin L. Bragg, Jr. announced that his office has partnered with the New York State Department of Labor and local law enforcement to create the “Worker Protection Unit” and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

German Employer’s Obligations to Record Employees’ Working Time

On September 13, 2022, the German Federal Labor Court (Bundesarbeitsgericht) ruled (1 ABR 22/21) that employers are required to record the working hours of their employees. The reasoning for the decision was published on...more

Hogan Lovells

German Federal Labour Court (BAG): Recording working time legally compliant – but how? Can the reasons of the BAG for its decision...

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In a surprising decision of 13 September 2022 (1 ABR 22/21), the BAG ruled that companies are already obliged to introduce a system for recording working time. With this decision, the BAG has surpassed the German legislator:...more

Hogan Lovells

BAG: Arbeitszeit rechtssicher erfassen – aber wie? Bringen die am 3. Dezember 2022 veröffentlichten Entscheidungsgründe Licht ins...

Hogan Lovells on

Überraschend hat das Bundesarbeitsgericht (BAG) mit Beschluss vom 13. September 2022 (1 ABR 22/21) entschieden, dass für Unternehmen schon jetzt eine Verpflichtung zur Einführung eines Systems der Arbeitszeiterfassung...more

Proskauer - Labor Relations Update

Appellate Court Reverses NLRB, Holding Tweet About “Salt Mines” Not an Unfair Labor Practice

Last week, the Third Circuit reversed a National Labor Relations Board (“NLRB”) decision finding that FDRLST Media, publisher of online news magazine The Federalist, unlawfully threatened its employees when its Executive...more

Littler

Annual Report On EEOC Developments - Fiscal Year 2021

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ANNUAL REPORT ON EEOC DEVELOPMENTS: FISCAL YEAR 2021 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and Noteworthy Case Developments - INTRODUCTION - This Annual Report on EEOC...more

Quarles & Brady LLP

Wisconsin Supreme Court Clarifies When a Conviction is Substantially Related to An Individual’s Employment

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In a case in which Quarles & Brady’s Bob Duffy and Lindsey Davis were honored to represent Cree, Inc. (“Cree”), on March 10, 2022 the Wisconsin Supreme Court provided long awaited and important guidance concerning when an...more

Littler

Wisconsin Supreme Court Eases the Burden for Employers Defending Arrest and Conviction Record Discrimination Claims Under State...

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The Wisconsin Fair Employment Act (WFEA) prohibits employers from discriminating against applicants and employees on the basis of their arrest and conviction records. Generally, an employer cannot make decisions on the basis...more

Polsinelli

USDA Seeks to Revive “Blacklist” Rule Requiring Contractors to Certify Labor Violations

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On February 17, 2022, the United States Department of Agriculture (USDA) published a Notice of Proposed Rulemaking updating USDA’s Agriculture Acquisition Regulation (AGAR), the agency’s counterpart to the Federal Acquisition...more

Epstein Becker & Green

Whistleblower Notice Released by New York State Department of Labor

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As we previously reported, on January 26, 2022, amendments to New York’s whistleblower law took effect that significantly expand the scope and coverage of whistleblower rights and protections for workers who allege they have...more

Manatt, Phelps & Phillips, LLP

Convicted Murderer Survives Motion to Dismiss in Hiring Suit

Employers in New York may be liable for the failure to hire a convicted murderer, a federal court judge in the state ruled, refusing to dismiss a proposed class action. Henry Franklin was convicted of second-degree murder...more

Manatt, Phelps & Phillips, LLP

California Court Finds Arbitration Agreement Unconscionable

An employer’s arbitration agreement was both procedurally and substantively unconscionable, a California appellate panel determined, affirming a trial court’s denial of an employer’s motion to compel arbitration....more

Akerman LLP - HR Defense

A Look Back At 2021 For California’s Private Attorneys General Act, and What To Expect in 2022

Last year was a significant year for California’s Private Attorneys General Act (known as “PAGA”), the 18-year old wage-and-hour enforcement act that, according to one study, has generated over 20,000 lawsuits against...more

Littler

Littler Global Guide - Saudi Arabia - Q4 2021

Littler on

Penalties for Dealing with Illegal Expatriates - New Legislation Enacted - Ministerial Decision No. 3329/1435 has been updated to provide that in instances where an individual employer permits their employees to work for...more

Nelson Mullins Riley & Scarborough LLP

Massachusetts SJC Adopts Federal Standard in Determining Joint Employer Status

In a December 13, 2021 decision, the Massachusetts Supreme Judicial Court adopted a standard heretofore applied in federal court for determining joint employer status.  In Jinks v. Credico (USA) LLC, four plaintiff employees...more

Littler

Analyzing and Responding to the Minnesota Attorney General’s Investigations into Employer Pay Practices

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The Minnesota Supreme Court recently reaffirmed the Minnesota attorney general’s broad power to investigate Wage Theft Act and alleged pay practice violations....more

Coblentz Patch Duffy & Bass

New California Laws Affecting the Workplace in 2022: What You Need to Know

As with every new year, California rolled out new laws affecting the workplace beginning January 1, 2022. Below is a summary of some of the most relevant changes that may affect your business. As always, please reach out to...more

Littler

New York Dramatically Expands Whistleblower Rights

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New York has historically been known as a bedrock of employment-at-will.  Its legislature and courts were long resistant to permitting exceptions to this doctrine, such as by recognizing public policy “wrongful dismissal”...more

CDF Labor Law LLP

California Court of Appeal Broadens Test For Joint Employer Liability

CDF Labor Law LLP on

On September 10, 2021, the California Court of Appeal broadened the test for joint employment in California, lowering the bar for what constitutes sufficient control by business over its vendor’s employees’ wages and working...more

Quarles & Brady LLP

Biometric Information Privacy Update: New Illinois Appellate Ruling Expands Temporal Recovery Period and Suggests Enhanced Damage...

Quarles & Brady LLP on

The Illinois First District Appellate Court threw employers a curveball when it recently held that different statutes of limitations apply to various sections of Illinois' Biometric Information Privacy Act, 740 ILCS §14/...more

Proskauer - California Employment Law

California Employment Law Notes - September 2021

Ninth Circuit Rejects “Paramour Preference” Liability Arising From Supervisor’s Affair With Another Employee - Maner v. Dignity Health, ___ F.4th ___, 2021 WL 3699780 (9th Cir. 2021) William “Bo” Maner worked as a...more

Manatt, Phelps & Phillips, LLP

Premium Payments Calculated Like Overtime, California Supreme Court Says—and Retroactively

California employers must include nondiscretionary payments made to employees when making premium payments for missing meal or rest periods, the state’s highest court has ruled in a decision with retroactive application....more

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