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July 27, 2016

Down to the Wire for Proposed Non-Compete Reform Legislation in Massachusetts

July 27, 2016

Massachusetts finally may enact non-compete reform legislation. The current session of the General Court, the state’s legislature, ends on July 31, and the House and Senate have passed versions of non-compete reform legislation limiting non-compete agreements that differ on important points. If non-compete reform is to become a... Read More

July 27, 2016

Cleveland Law Allows Transgender Employees to Use Restroom Associated With Gender Identity

July 27, 2016

Companies in Cleveland, Ohio, now must permit transgender employees and patrons to use the bathrooms, showers, locker rooms, and dressing facilities associated with the individual’s gender identity or expression. Cleveland Mayor Frank Jackson has signed legislation making it an unlawful discriminatory practice for places of... Read More

July 26, 2016

Nevada Confirms Its Restrictive Covenant Law, But Rejects Blue Penciling

July 26, 2016

In the first decision to reach the Nevada Supreme Court on whether state district courts may modify or “blue pencil” non-competition agreements, the high court has concluded that doing so would violate Nevada law. Golden Road Motor Inn Inc. d/b/a Atlantis Casino Resort Spa v. Islam, 132 Nev. Adv. Op. 49 (July 21, 2016). The 4... Read More

July 26, 2016

Proof of Workplace Injury Not Required for Workers’ Compensation Retaliation Claim in Ohio

July 26, 2016

Proof of a workplace injury is not required to state a prima facie claim of retaliatory discharge under Ohio’s workers’ compensation statute, the Ohio Supreme Court has ruled, resolving a split among the Ohio Courts of Appeal. Onderko v. Sierra Lobo, Inc., Slip Opinion No. 2016-Ohio-5027 (July 21, 2016). Background The... Read More

July 21, 2016

EEOC: Title VII Prohibits Employment Discrimination Based on Gender Identity, Sexual Orientation

July 21, 2016

The Equal Employment Opportunity Commission has stated definitively that it interprets, and will enforce accordingly, the Civil Right Act’s Title VII’s prohibition on sex discrimination as encompassing employment discrimination based on gender identity and sexual orientation. Employers should review and update their policies... Read More

July 18, 2016

EEOC Burnishes Systemic Successes and Intentions

July 18, 2016

Equal Employment Opportunity Commission Chair Jenny R. Yang has issued a report on the EEOC’s Systemic Discrimination efforts over the last 10 years. The Report contains insights on the type of employer vulnerabilities the EEOC exploits and the agency’s aims for growth in new areas. Big Picture Not only does the EEOC... Read More

July 15, 2016

Employee Benefits Newsletter – Summer 2016

July 15, 2016

In this issue: What the New Fiduciary Rule Means for Plan Sponsors and Fiduciaries. On April 8, 2016, the Department of Labor published its final rule on who is a fiduciary as a result of giving investment advice under the Employee Retirement Income Security Act of 1974 (the “New Fiduciary Rule”) as well as related... Read More

July 13, 2016

EEOC to Publish Update to EEO-1 Pay Data Reporting Proposal

July 13, 2016

The Equal Employment Opportunity Commission has released an update with revisions to its proposed EEO-1 pay data collection report. The proposal would have employers with at least 100 employees submitting to the EEOC all employees’ W-2 earnings data and actual hours worked beginning with the 2017 EEO-1 reporting cycle. The... Read More

July 13, 2016

Overruling Precedent, NLRB Holds Bargaining Units of Jointly and Solely Employed Employees May Elect Union Representative Absent Consent of Their Employers

July 13, 2016

In a departure from more than a decade-long precedent, the National Labor Relations Board has held that Board-conducted representation elections in bargaining units combining employees who are (a) jointly employed by a user employer and supplier employer and (b) solely employed by the user employer do not require the consent of either... Read More

July 8, 2016

Retail Employer Workplace News - Summer 2016

July 8, 2016

Labor Department Amends Overtime Regulations for ‘White Collar’ Workers Retailer employers must prepare for the dramatic changes imposed by the Department of Labor’s updated regulations under the Fair Labor Standards Act governing overtime exemptions for executive, administrative, and professional employees, commonly... Read More

July 8, 2016

NLRB Regional Directors’ Formal Unfair Labor Practices Complaints to be Reported to Federal Database

July 8, 2016

The National Labor Relations Board has stated that it will report to a federal database all unfair labor practice complaints issued by its Regional Directors beginning July 1, 2016, in order to comply with “Fair Pay and Safe Workplaces” Executive Order 13673 (which has been called the “blacklisting” executive... Read More

July 5, 2016

Philadelphia Ordinance Restricting Credit Checks on Job Applicants, Employees Effective July 7

July 5, 2016

Effective July 7, 2016, a new City of Philadelphia ordinance will restrict the use of credit checks and credit-related information. With certain exemptions, the ordinance prohibits covered employers in Philadelphia from discriminating against job applicants and employees because of negative credit history. Philadelphia Mayor Jim... Read More

July 5, 2016

Mine Operators Face Conundrum over MSHA’s RFI on Diesel Exhaust

July 5, 2016

The mining industry faces a conundrum over the Mine Safety and Health Administration’s Request for Information (RFI) for industry data and experiences accumulated by underground mine operators over the past 15 years. MSHA’s diesel particulate matter (DPM) rules require operators to maintain the information. MSHA has... Read More

July 5, 2016

Compliance Date Nears for OSHA’s New Recordkeeping Anti-Retaliation Rule

July 5, 2016

Employers must ensure they are in compliance with the anti-retaliation provisions of the Occupational Safety and Health Administration’s new electronic recordkeeping and reporting rule by August 10, 2016. The rest of the new regulation requiring certain employers to submit injury and illness data electronically to OSHA becomes... Read More

June 30, 2016

Puerto Rico Does Not Have to Comply with DOL’s Final Rule Amending ‘White Collar’ Overtime Regulations, For Now

June 30, 2016

The U.S. Senate has approved the controversial “Puerto Rico Oversight, Management, and Economic Stability Act” (“PROMESA”), H.R. 5278, which will establish an Oversight Board to assist the Government of Puerto Rico in managing its public finances and for other purposes. The Senate acted on June 29, 2016. The U.S.... Read More

June 29, 2016

Colorado Broadens Whistleblower Protection for State Employees Who Disclose Confidential Information

June 29, 2016

Encouraging government whistleblowers, an amendment to Colorado law bars disciplinary actions against state employees who reveal confidential information while reporting instances of waste, mismanagement of public funds, abuses of authority, or illegal and unethical practices to a designated “whistleblower review agency.”... Read More

June 28, 2016

Proposed EEOC Guidance on National Origin Discrimination Provides Clues to Agency’s Focus

June 28, 2016

The Equal Employment Opportunity Commission has issued a Proposed Enforcement Guidance on National Origin Discrimination (“PEG”) and is allowing the public to comment through July 1, 2016. The last time the EEOC issued specific guidelines on National Origin Discrimination was in 2002. Role of the PEG The PEG is intended... Read More

June 28, 2016

Construction Contractor Faces Manslaughter Charge in Worker’s Death

June 28, 2016

A New York man and two construction companies he owns have been indicted on manslaughter and other charges in the death of an employee who plunged six stories to his death after allegedly being directed to perform work without fall protection. Salvatore Schirripa, 66, and his Brooklyn companies, J & M Metro General Contracting... Read More

June 28, 2016

Class Action Trends Report Summer 2016

June 28, 2016

Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics: Your shield, their sword? Prevention pointer: Time to audit your arbitration agreement practices? Only in California? The caselaw... Read More

June 27, 2016

Philadelphia’s Tough New Anti-Wage Theft Law Effective July 1

June 27, 2016

Effective on July 1, 2016, the City of Philadelphia’s Wage Theft Law imposes higher penalties for violations than currently are imposed by the state’s anti-wage theft law, provides for a private right of action for alleged violations, and creates the position of Wage Theft Coordinator within the City’s Managing Director... Read More

Showing 1-20 of 3580