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Archive by tag: Saul Ewing Arnstein & Lehr LLPReturn

DOL Proposed Rule Abolishes 80/20 Rule

On October 8, 2019, the Department of Labor ("DOL") issued long awaited rules that could have a significant impact in the restaurant industry. The proposed rules would broaden employers' abilities pay tip credit wages for non-tipped work and to...By: Saul Ewing Arnstein & Lehr LLP
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Hurricane Season Poses Challenges for Employers

Wages - Employers frequently face a rash of absences and call-offs in the wake of a natural disaster. Generally, whether a business is required to pay an employee who misses work depends on whether the employee is exempt or non-exempt under the Fair...By: Saul Ewing Arnstein & Lehr LLP
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New Jersey Next State to Take Action on Discrimination Based on Hair

Following on the heels of a much publicized incident in high school athletics, the New Jersey Division of Rights ("DCR") issued enforcement guidance ("Guidance") clarifying and explaining discrimination based on hairstyles, "with a particular focus...By: Saul Ewing Arnstein & Lehr LLP
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Cannabis Industry Subject to Federal Wage Law Says Tenth Circuit

On September 20, 2019, the Tenth Circuit held that cannabis industry employers are subject to the Fair Labor Standards Act (FLSA). Defendant contended that because the employer’s employment activities are in violation of the Controlled Substances...By: Saul Ewing Arnstein & Lehr LLP
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Language in Performance Bond Critical in Determining Surety’s Rights to Complete

If an owner terminates a contractor due to a contractor default on a bonded project, can the surety hire the same contractor to complete the work under the bond? Depending on the language of the bond, it may be permissible in Florida....By: Saul Ewing Arnstein & Lehr LLP
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The Friday Five: Five Current ERISA Litigation Highlights – October 2019

This month’s Friday Five covers recent cases addressing class certification, pre-existing condition limitations, consideration of extrinsic evidence on a motion to dismiss a purported ERISA action, fee awards, and what level of factual detail is...By: Saul Ewing Arnstein & Lehr LLP
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Labor Law Update: Contractors Lawfully Prohibited From Leafleting on Third Party Premises

On August 23, 2019, the National Labor Relations Board ("NLRB") determined that property owners may prohibit non-employees from accessing their premises to engage in conduct that could be protected by federal labor law....By: Saul Ewing Arnstein & Lehr LLP
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The Friday Five: Five Current ERISA Litigation Highlights – September 2019

This month’s Friday Five covers recent cases addressing eligibility requirements to qualify for disability benefits, the application of plan-prescribed time limits for filing suit, partial versus total disability and a claimed circuit split regarding...By: Saul Ewing Arnstein & Lehr LLP
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Illinois’ New Retainage Law

Effective August 20, 2019, Illinois law provides that a maximum of 10 percent retainage may be withheld from payments under private construction contracts and, after the contract is one-half complete, retainage must be reduced to 5 percent and kept...By: Saul Ewing Arnstein & Lehr LLP
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DOL Confirms FMLA Leave for Special Education Meetings

On August 8, 2019, the Department of Labor (DOL) released an Opinion Letter clarifying that parents of students with special education needs may take leave under the Family Medical Leave Act (FMLA) to attend a meeting related to addressing those...By: Saul Ewing Arnstein & Lehr LLP
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