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Archive by tag: Phelps & PhillipsReturn

Tenth Circuit Refuses to Dismiss FLSA Suit Against Marijuana Business

The U.S. Court of Appeals for the Tenth Circuit was not persuaded that because marijuana remains illegal under the federal Controlled Substances Act (CSA), an employer was absolved of the requirements of the Fair Labor Standards Act (FLSA)....By: Manatt, Phelps & Phillips, LLP
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Manatt, Phelps & Phillips, LLP | Dec 19,2019 |

Whistleblower Protections Begin to Take Center Stage - Employment and Labor Law Tip of the Month

As “whistleblower” issues pervade national headlines, lawmakers in some jurisdictions, including New York, have recently sought to expand existing whistleblower protections. The New York Labor Law, for example, currently prohibits employers from...By: Manatt, Phelps & Phillips, LLP
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Manatt, Phelps & Phillips, LLP | Dec 02,2019 |

California Court Finds Arbitration Agreements Unconscionable

Agreeing with a trial court that the arbitration agreements at issue were both procedurally and substantively unconscionable, a California appellate panel denied the employer’s motion to compel arbitration....By: Manatt, Phelps & Phillips, LLP
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Manatt, Phelps & Phillips, LLP | Nov 21,2019 |

Court Decertifies 6.5 Million Member Class in Background Check Suit

A California federal court decertified a class of millions of Walmart employees after concluding that the named plaintiffs lacked Article III standing to bring their challenge to the employer’s use of background checks....By: Manatt, Phelps & Phillips, LLP
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Manatt, Phelps & Phillips, LLP | Nov 21,2019 |

Court Takes Narrow Read of Policy Exclusion for ‘Wage and Hour’ Claims

In a potentially beneficial decision for employers, a California appellate panel ruled that the term “wage and hour … law” in an insurance policy’s exclusion was limited to laws “concerning duration worked and/or remuneration received in exchange for...By: Manatt, Phelps & Phillips, LLP
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Manatt, Phelps & Phillips, LLP | Nov 21,2019 |

‘Menial’ Tasks Can Support Hostile Work Environment Claim

The diminution of an employee’s duties can constitute an adverse employment action in violation of Title VII, a New York federal court recently held in a case involving an African-American medical doctor....By: Manatt, Phelps & Phillips, LLP
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Manatt, Phelps & Phillips, LLP | Nov 21,2019 |

The 5 Biggest Employment Law Developments of 2019

What were the five biggest employment law developments in 2019? From new laws to big decisions, we tracked down some of the top headlines of the last year....By: Manatt, Phelps & Phillips, LLP
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Manatt, Phelps & Phillips, LLP | Nov 21,2019 |

Enhanced Workplace Protections for Domestic Violence Victims

Effective November 18, 2019, amendments to the New York State Human Rights Law will provide enhanced protections to employees who are victims of domestic violence. In particular, unless an employee’s absence would create an “undue hardship,” New York...By: Manatt, Phelps & Phillips, LLP
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Manatt, Phelps & Phillips, LLP | Oct 31,2019 |

Three Issues To Watch This Supreme Court Term

The 2019-2020 U.S. Supreme Court term could have a significant impact on the employment law area, with three major issues already on the docket for the justices to consider....By: Manatt, Phelps & Phillips, LLP
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Manatt, Phelps & Phillips, LLP | Oct 23,2019 |

DOL’s White Collar Exemptions Final

After several years—and significant changes to the plans—the Department of Labor (DOL) finalized the new minimum annual salary requirement for exempt executive, administrative and professional employees....By: Manatt, Phelps & Phillips, LLP
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Manatt, Phelps & Phillips, LLP | Oct 23,2019 |
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