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Workplace law is changing at a rapid pace. Our attorneys stay on the cutting edge of the law and take pride in sharing their knowledge through timely and insightful updates.

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April 20, 2018

Brazilian Labor Courts Continue to Emphasize Importance of Non-Compete Clause Limitations

April 20, 2018

A recent Brazilian labor court ruling clarified the procedural requirements for employers drafting non-compete clauses in employment agreements. Although the Brazilian Federal Constitution establishes “freedom of work,” and the Brazilian Industrial Property Law (Law 9.279/1996) prevents an employee from disclosing an employer’s... Read More

April 18, 2018

Massachusetts Equal Pay Act Calculation Tool: What Employers Need to Know

April 18, 2018

Ever since Massachusetts Governor Charlie Baker signed the state Equal Pay Act (MEPA) on August 1, 2016, employers have been seeking direction on how employee pay should be analyzed to withstand scrutiny under the new law. MEPA goes into effect on July 1, 2018. On March 1, 2018, the Massachusetts Office of the Attorney General (OAG)... Read More

April 18, 2018

Massachusetts Adjusts Limits on Employer Inquiries into Job Applicants’ Criminal History

April 18, 2018

A provision in the Massachusetts criminal justice reform law signed by Governor Charlie Baker amends the state’s restrictions on the questions employers may ask a job applicant regarding the applicant’s criminal history during the hiring process. The new restrictions include an adjusted limitation on asking about misdemeanor convictions... Read More

April 17, 2018

Localities and the Salary History Ban: Next Stop, Westchester County, New York

April 17, 2018

New York’s Westchester County is the latest locality to adopt legislation prohibiting employers from asking prior salary histories of a prospective employee. On Equal Pay Day, April 10, 2018, Westchester County Executive George Latimer signed legislation with the stated legislative intent of preventing the perpetuation of the gender... Read More

April 16, 2018

New York State Budget Includes Optional Employer Payroll Tax as a Potential SALT Cap Work Around

April 16, 2018

As part of the FY 2019 NY State Budget, lawmakers recently enacted a program to potentially circumvent the recent Federal Tax Law change that imposes a $10,000 cap on the State and Local Tax Deduction (SALT) for individuals who itemize their deductions. The potential workaround, called the Employer Compensation Expense Program (ECEP... Read More

April 16, 2018

Top Five Labor Law Developments for March 2018

April 16, 2018

The National Labor Relations Board (NLRB) continued to deal with tumult over the “joint-employer” issue. On March 1, the Board asked the U.S. Court of Appeals for the D.C. Circuit to resume considering an appeal of Browning-Ferris Industries, 362 NLRB No. 186 (2015), the NLRB decision that made it easier for unions and employees to... Read More

April 13, 2018

New Jersey Legislature Passes Paid Sick Leave Bill

April 13, 2018

On April 12, 2018, the New Jersey State Senate, by a vote of 24-12, passed the New Jersey Paid Sick Leave Act (the “Act”). The Act, which passed the Assembly last month by a 50-24 margin, requires businesses of all sizes to provide up to 40 hours of paid sick leave to employees during an employer-established benefit year. The Act, which... Read More

April 12, 2018

Double Take: NJ Governor Poised to Enact Equal Pay Act on Equal Pay Day

April 12, 2018

On April 24, 2018, New Jersey Governor Phil Murphy plans to sign the Diane B. Allen Equal Pay Act (the “Act”) into law. Senate Bill S-104, reintroduced in this legislative session, contains sweeping changes to the New Jersey Law Against Discrimination (LAD), including, among other items, a prohibition against discrimination with respect... Read More

April 11, 2018

New York City Council Passes Legislative Package Aimed at Preventing Sexual Harassment in the Workplace

April 11, 2018

The New York City Council passed a package of legislation on April 11, 2018, that will strengthen the City’s laws against harassment in the workplace. Mayor Bill de Blasio is expected to sign the legislation into law in the coming weeks. Most private employers in New York City will be required to conduct mandatory annual sexual... Read More

April 10, 2018

NLRB GC: Participating in Nationwide ‘Day Without Immigrants’ Is Protected Concerted Activity

April 10, 2018

Participating in the February 2017 “Day Without Immigrants” demonstration was protected concerted activity, according to an August 30, 2017, advice memorandum released on March 13, 2018, by the National Labor Relations Board General Counsel’s Division of Advice. The memorandum concludes that a group of Mexican-American employees who... Read More

April 10, 2018

Salary History is Not a Permitted ‘Factor Other Than Sex’ under Equal Pay Act, Ninth Circuit Holds

April 10, 2018

Prior salary alone or in combination with other factors cannot justify a wage differential between male and female employees under the Equal Pay Act, the U.S. Court of Appeals for the Ninth Circuit has held in an en banc decision. Rizo v. Yovino, No. 16-15372 (Apr. 9, 2018). This decision overturns the 2017 decision of a three-judge... Read More

April 10, 2018

Trump: Winning Over Union Leaders

April 10, 2018

In a speech advertised as addressing the country’s infrastructure woes, and his $1.5-trillion plan for a fix, President Donald Trump reportedly told the crowd that he thought he was winning over union leaders. Speaking in Richfield, Ohio, on March 29, 2018, Trump told the crowd that he “really think[s] the [union] leadership is... Read More

April 9, 2018

State Data Breach Notification Laws: Overview of the Patchwork

April 9, 2018

The nation’s patchwork of state data breach notification laws is now complete. All 50 states, as well as the District of Columbia, Puerto Rico, Guam, and the Virgin Islands, have enacted breach notification laws requiring private organizations or government entities to notify individuals of a security breach involving their personally... Read More

April 6, 2018

New York Legislature Passes Significant Changes to Laws Combating Sexual Harassment in the Workplace

April 6, 2018

As part of the 2018-2019 New York State Budget, the Governor and the Legislature have agreed to legislation aimed at combating sexual harassment in the workplace (Part KK of S7507-C). The legislation, including the anti-sexual harassment provisions, has passed both the Senate and Assembly, and the Governor expects it to be signed ... Read More

April 4, 2018

Retail Industry Workplace Law Update – Spring 2018

April 4, 2018

When ICE Knocks Immigration and Customs Enforcement, or ICE, is responsible for enforcement of laws related to unlawful employment of workers, and the agency’s increased enforcement activities should have retailers reviewing their plans. Read full article… Washington Ban-the-Box Law Limits Criminal Background Inquiries Retailers... Read More

April 3, 2018

Supreme Court Exempts Auto Service Advisors from Overtime, Rejects ‘Narrow Construction’ Principle in Applying FLSA Exemptions

April 3, 2018

After years of litigation, including two trips to the U.S. Supreme Court, on whether service advisors who work in an automobile dealership are exempt from overtime under the Fair Labor Standards Act (FLSA), the Court finally has held, in a 5-4 decision, that service advisors are exempt from overtime under the “automobile dealer”... Read More

April 3, 2018

Washington State Enacts New Laws Addressing Sexual Harassment in the Workplace

April 3, 2018

Responding to the national “#MeToo” movement, Washington has enacted four new workplace laws intended primarily to protect victims of sexual harassment and assault in the workplace. The first new law relates to protection for victims of domestic violence and was discussed in our article, Washington Expands Employment Discrimination... Read More

April 2, 2018

Employee Benefits Newsletter – Spring 2018

April 2, 2018

In this issue: View from Jackson Lewis: The Curious Odyssey of the Multiemployer Defined Benefit Pension Fund. A review of the state of multiemployer funds. 2018 Tax Reform. A summary of the changes made by the Tax Cuts and Jobs Act, including practical advice for employers. Recent Developments. Recent developments in... Read More

March 30, 2018

Calculating Withdrawal Liability with ‘Segal Blend’ Violated Multiemployer Pension Plan Amendments Act, Judge Rules

March 30, 2018

In a decision that could have far-reaching implications for multiemployer pension plans and employers, a federal district court has held that the use of the “Segal Blend” to calculate a company’s withdrawal liability when it withdrew from a multiemployer pension plan violated the Employee Retirement Income Security Act (ERISA), as... Read More

March 30, 2018

Multiemployer Pension Plans: Potential Successor Liability from Buyer’s Attempts to Continue Seller’s Business

March 30, 2018

The district court erred in finding a multiemployer pension plan did not show sufficient continuity of business operations to support imposing successor liability on an asset purchaser, the federal appeals court in Chicago has ruled in a case under the Multiemployer Pension Plan Amendments Act (MPPAA) involving withdrawal liability of $... Read More

Showing 1-20 of 4057