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Archive by tag: Epstein Becker & GreenReturn

California Court of Appeal Rejects Employee’s Attempt to Seek Derivative Wage Statement and Waiting Time Penalties Based on Alleged Meal and Rest Period Violations

In bringing meal and rest period claims on behalf of their clients, the plaintiffs’ bar has long argued that merely because there was an alleged meal or rest period violation, there were also “derivative” statutory violations entitling their clients...By: Epstein Becker & Green
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Epstein Becker & Green | Oct 14,2019 |

California Governor Signs Legislation Outlawing Mandatory Arbitration Agreements with Employees

As employers with operations in California had feared, Governor Gavin Newsom has signed AB 51, which effectively outlaws mandatory arbitration agreements with employees – a new version of a bill that prior Governor Jerry Brown had vetoed repeatedly...By: Epstein Becker & Green
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Epstein Becker & Green | Oct 14,2019 |

Employers with Operations in California Must Revise Policies and Practices to Comply with New Law Outlawing Mandatory Arbitration Agreements with Employees

As employers with operations in California had feared, Governor Gavin Newsom has signed AB 51, which effectively outlaws mandatory arbitration agreements with employees—a new version of a bill that prior Governor Jerry Brown had vetoed repeatedly...By: Epstein Becker & Green
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Epstein Becker & Green | Oct 14,2019 |

The Failing Firm Defense Is an Absolute Defense to an Otherwise Anticompetitive Merger

The fact that a merger might be anticompetitive is not a reason to prohibit a transaction if all of the elements of the “failing firm defense” are met, as described below.  In fact, the antitrust agencies have long recognized that the failing firm...By: Epstein Becker & Green
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Epstein Becker & Green | Oct 12,2019 |

October 2019 Immigration Alert

USCIS Will Accept Only New Employment-Based and Adjustment of Status Application Forms as of October 15, 2019 - On October 8, 2019, U.S. Citizenship and Immigration Services (“USCIS”) announced that will no longer accept previous editions of the...By: Epstein Becker & Green
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Epstein Becker & Green | Oct 12,2019 |

Updated Job Accommodation Network Toolkit Available for Disability Accommodation Resources

Employers seeking information about potential reasonable accommodations, and tips on the interactive process, can turn to the newly updated Job Accommodation Network (JAN) Toolkit....By: Epstein Becker & Green
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Epstein Becker & Green | Oct 11,2019 |

U.S. DOL Announces Proposed New Rule on Tip Credits and Pooling

Rules relating to tip credit and pooling have resulted in significant debate among legislators, regulators, and the courts, leading to confusion, further litigation, and, in many cases, substantial liability or settlements involving employers that...By: Epstein Becker & Green
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Epstein Becker & Green | Oct 09,2019 |

In Adopting “Contract Coverage” Standard, NLRB Gives Employers Greater Flexibility to Act Unilaterally on Subjects Encompassed by Collective Bargaining Agreements

As summer turned to fall, the National Labor Relations Board (“NLRB” or the “Board”) issued a steady stream of decisions with significant and favorable implications for employers. In the flurry of recent decisions, the Board addressed...By: Epstein Becker & Green
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Epstein Becker & Green | Oct 09,2019 |

[Video] Employment Law This Week®: DOL’s Final Overtime Rule, CA Codifies “ABC Test,” Pay Data Collection Beyond 2018, NLRB’s Busy Summer

This Employment Law This Week® Monthly Rundown discusses the most important developments for employers heading into October 2019. The episode includes: 1. DOL Issues Final Overtime Rule On September 24, the U.S. Department of Labor (“DOL”) issued a...By: Epstein Becker & Green
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Epstein Becker & Green | Oct 07,2019 |

Federal Court’s Approval of Settlement in Litigation Over Expenses Charged to Brokers Offers Guidance on Settlement of Parallel Class Actions

On September 6, 2019, the U.S. District Court for the Northern District of California preliminarily approved a settlement in Harvey v. Morgan Stanley Smith Barney LLC. The significance of the result is two-fold. First, substantively, it is a...By: Epstein Becker & Green
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Epstein Becker & Green | Oct 04,2019 |
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