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November 18, 2019

A Renewed Attempt in Congress to Eliminate Non-Compete Agreements

November 18, 2019

A bipartisan bill aimed at generally banning non-compete agreements across the country has been introduced in the Senate by Senators Chris Murphy (D-Conn.) and Todd Young (R-Ind.). The Workforce Mobility Act of 2019, which closely tracks the Democrat-led Workforce Mobility Act of 2018, is a stark contrast to the limited and more measured... Read More

November 15, 2019

Top Five Labor Law Developments for October 2019

November 15, 2019

The National Labor Relations Board (NLRB) has clarified its standard for evaluating the legality of employers’ facially neutral policies, rules, or handbook provisions. LA Specialty Produce Co., 368 NLRB No. 93 (Oct. 8, 2019). Overturning the Obama-NLRB standard, the NLRB in Boeing Co. provided a roadmap for how it will analyze the... Read More

November 13, 2019

Healthcare Employers’ Title VII Obligations in Harassment, Discrimination of Employees by Patients

November 13, 2019

Title VII of the Civil Rights Act requires healthcare employers to protect their medical staff and employees from harassment and discrimination and respond to any such behaviors swiftly and effectively, even if the actor is a patient, rather than a coworker or supervisor. A decision from the U.S. Court of Appeals for the Fifth Circuit... Read More

November 13, 2019

Supreme Court Hears Argument on Deferred Action for Childhood Arrivals Policy

November 13, 2019

The U.S. Supreme Court has heard oral argument on whether the Department of Homeland Security (DHS) lawfully terminated the Deferred Action for Childhood Arrivals (DACA) Policy. The Court’s decision in a consolidated case (Homeland Security v. Regents of the University of California, Nos. 18-587, 588, and 589) will affect more than 700,... Read More

November 11, 2019

Two Federal Courts Strike Down Health and Human Services ‘Conscience Protection Rule’

November 11, 2019

Two federal courts have struck down the U.S. Department of Health and Human Services’ (HHS) “Conscience Protection Rule,” which was slated to go into effect on November 22, 2019. The Rule purported to enforce pre-existing “conscience laws” that protect the rights of certain employees of healthcare institutions that receive federal... Read More

November 8, 2019

New Puerto Rico Law Limits Employers’ Use of Credit Reports in Employment Decisions

November 8, 2019

Puerto Rico has enacted legislation to limit the use of credit reports in making employment decisions. An “Act to Protect Employee’s Credit Information” (PR Act. No. 150 of October 8, 2019) prohibits employers from refusing to hire, dismissing, or otherwise discriminating against an employee or applicant because of the information in... Read More

November 6, 2019

Labor Department Proposes Changes to Clarify Use of FLSA’s ‘Fluctuating Workweek’ Pay Method

November 6, 2019

Persistent confusion over the Department of Labor’s (DOL) “fluctuating workweek” (FWW) pay method to satisfy employers’ obligation to pay overtime has deterred many from using it. Now, the DOL has proposed changes to clarify the pay method. Under DOL regulations on the FWW pay method, if certain conditions are met, an employer may pay... Read More

November 5, 2019

Religious Accommodation and Patient Safety in Healthcare Industry

November 5, 2019

Title VII of the Civil Rights Act requires employers in the healthcare industry to provide a reasonable accommodation to employees’ sincerely held religious beliefs and practices. Common accommodation requests relate to: Exemptions from the flu vaccination Time off for Sabbath observance or to attend religious services Prayer... Read More

November 1, 2019

President Trump EO Revokes Workers’ Right of First Refusal with Successor Service Contract Employers

November 1, 2019

President Donald Trump signed an executive order on October 31 revoking the obligation of successor government service contract employers to offer their predecessor employers’ employees the right of first refusal in positions for which they are qualified. “Executive Order on Improving Federal Contractor Operations by Revoking... Read More

October 25, 2019

Labor Board Clarifies Boeing Work Rules Decision, Finds Confidentiality, Media Contact Rules Lawful

October 25, 2019

An employer’s confidentiality and non-disclosure rule and media contact rule do not violate the National Labor Relations Act (NLRA), the National Labor Relations Board (NLRB) has held. LA Specialty Produce Company, 368 NLRB No. 93 (2019). The Board also substantially clarified its decision in Boeing Co., 365 NLRB No. 154 (Dec. 15, 2017... Read More

October 25, 2019

Election Day is Coming – What are Your Obligations as an Employer?

October 25, 2019

With Election Day fast approaching, employers should ensure they are in compliance with state law requirements related to employee voting rights. While not all states impose requirements on employers, some impose time off obligations and notice requirements with the possibility of criminal or civil penalties for non-compliance.... Read More

October 23, 2019

Preemption Issues High Court is Considering in I-9 Fraud Case

October 23, 2019

The U.S. Supreme Court has heard oral argument in Kansas v. Garcia, a case in which it will decide whether a state may prosecute individuals for using false information on a Form I-9 Employment Eligibility Verification, a federal employment eligibility verification form. Kansas v. Garcia, No. 17-834. The basic question presented... Read More

October 21, 2019

New Pennsylvania Law Requires Construction Employers to Use E-Verify

October 21, 2019

Beginning in October 2020, employers in the construction industry in Pennsylvania will be required to use E-Verify, the federal government’s web-based program that allows employers to verify an employee’s work-authorization electronically. The Pennsylvania Construction Industry Employer Verification Act prohibits an employer in the... Read More

October 21, 2019

FMCSA Clearinghouse Opened, Transportation Department Announces

October 21, 2019

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse registration, which is the electronic database that will contain information about commercial motor vehicle drivers’ drug and alcohol program violations, is open, the agency has announced. The Clearinghouse will become operational on... Read More

October 18, 2019

Pay the Piper – California Employers Pressed to Pay Arbitration Fees or Risk Harsh Consequences

October 18, 2019

California employers may face harsh consequences for failing to pay arbitration fees on time under a bill (Senate Bill 707) signed by Governor Gavin Newsom on October 13, 2019. The new law goes into effect on January 1, 2020. Under the new law, if an employer fails to pay fees required for the commencement or continuation of an... Read More

October 15, 2019

New California Law Attacks Mandatory Arbitration Again … But Is It More Bark Than Bite?

October 15, 2019

California has joined a number of states in passing legislation purporting to prohibit mandatory arbitration agreements for sexual harassment and other claims. Such laws have gained popularity in the wake of the #MeToo movement, but are subject to challenge under Federal Arbitration Act (FAA) preemption principles. (See our articles... Read More

October 15, 2019

Third-Party Harassment and Discrimination: The Customer Isn’t Always Right

October 15, 2019

As fiscal year 2019 ends for the Equal Employment Opportunity Commission (EEOC), it has announced it is pursuing several new discrimination suits, including one alleging a casino failed to protect female staffers from sexual harassment by patrons. Sexual misconduct and harassment have been in the national spotlight more than ever and... Read More

October 14, 2019

New York City Enacts Legislation Clarifying Independent Contractor Protection under Human Rights Law

October 14, 2019

While courts have generally interpreted the New York City Human Rights Law (NYCHRL) as providing anti-discrimination protections to individuals performing services as independent contractors, effective in January 2020, amendments to the NYCHRL clarify such protections. These amendments also clarify that while the NYCHRL’s coverage of... Read More

October 10, 2019

California Requires Large Insurers to Report Board Diversity, Spending with Diverse Businesses

October 10, 2019

A new California law requires large insurers to report on the demographics of their governing boards and the amounts they spend with businesses owned by minorities, women, LGBT individuals, veterans, and disabled veterans. Under the new law, Senate Bill 534 (SB 534), reporting will be required on a biennial basis beginning on July 1,... Read More

October 10, 2019

California Consumer Privacy Act FAQs for Covered Businesses

October 10, 2019

Set to take effect January 1, 2020, the California Consumer Privacy Act (CCPA), considered one of the most expansive U.S. privacy laws to date, places limitations on the collection and sale of a consumer’s personal information and provides consumers certain rights with respect to their personal information. Organizations should be... Read More

Showing 1-20 of 4416