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Archive by tag: BeneschReturn

Recently Published Department of Labor Final Rule Overhauls FLSA Joint Employer Test

On January 12, 2020, the Department of Labor (Department) announced a final rule to revise and update its regulations interpreting joint employer status under the Fair Labor Standards Act (FLSA) (see prior alert on Department of Labor rulemaking...By: Benesch
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Benesch | Jan 15,2020 |

InterConnect FLASH! No 77: California AB5 Litigation Update - The TRO is Extended

Yesterday, on January 13, 2020, Judge Benitez of the United States District Court for the Southern District of California extended the temporary restraining order previously entered in the litigation brought by the California Trucking Association...By: Benesch
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Benesch | Jan 14,2020 |

Trump Administration Proposes New Guidelines for Implementing the National Environmental Policy Act

For the first time in over forty years, the White House Council on Environmental Quality (the “CEQ”) is proposing to revise the National Environmental Policy Act (“NEPA”) regulations. On January 9, 2020, the Trump Administration and the CEQ...By: Benesch
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Benesch | Jan 14,2020 |

Employers Take Note - 2020 Defense Spending Bill Includes “Ban the Box” Law

On December 20, 2019, President Trump signed into law a defense spending bill which included the Fair Chance to Compete for Jobs Act of 2019  (“Fair Chance Act”). Employers should take note that the law (1) prohibits the federal government from...By: Benesch
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Benesch | Jan 07,2020 |

InterConnect FLASH! No 76 - Federal Court Temporarily Enjoins Enforcement of AB5 Against California Motor Carriers

Champagne bottles popped earlier than expected on New Year’s Eve when Judge Roger T. Benitez of the United States District Court for the Southern District of California granted a temporary restraining order prohibiting the State of California from...By: Benesch
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Benesch | Jan 02,2020 |

NLRB Blesses Wal-Mart Policy Restricting Union Insignia at Work

Just before Christmas, the National Labor Relations Board (“NLRB”) evaluated two dress code policies limiting - but not prohibiting - employees from wearing union insignia at work. Wal-Mart Stores, Inc., 368 NLRB No. 146 (2019). The NLRB applied its...By: Benesch
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Benesch | Dec 27,2019 |

NLRB Continues Employer-Friendly Shift; Employers Can Prohibit Discussion of Workplace Investigations

Adding to its recent spate of employer-friendly moves, the National Labor Relations Board (the “Board”) issued a precedent-shifting decision on December 17, 2019. Apogee Retail LLC, 368 NLRB No. 144 (2019). The 3-1 decision, opposed only by outgoing...By: Benesch
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Benesch | Dec 19,2019 |

Employers May Stop Deducting Employee Union Dues When Contract Expires

On December 16, the final day of lone Democrat Lauren McFerran’s term, the National Labor Relations Board (“NLRB” or the “Board”) overruled a recent, Obama-era decision that required an employer to comply with its union dues checkoff obligations...By: Benesch
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Benesch | Dec 18,2019 |

NLRB Gives Employers Two Big Gifts This December

Just before the holiday season, the National Labor Relations Board (“NLRB” or “Board”) provided employers with two big wins. First, on December 13, 2019, the NLRB announced its long awaited final rule to relax the Obama-era quickie or ambush election...By: Benesch
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Benesch | Dec 17,2019 |

Drug Testing in the Age of Cannabis Legalization

Last, week, Governor Pritzker signed into law an amendment to the Illinois Cannabis Regulation and Tax Act (the “CRTA”). The CRTA, signed by Governor Pritzker last June, permitted employers in Illinois to prohibit the use of marijuana in the...By: Benesch
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Benesch | Dec 10,2019 |
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