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The First Rollout of Proposed Amendments to the NLRB’s Election Rules

On August 9, 2019, the National Labor Relations Board (NLRB) issued the first of its planned series of highly anticipated proposed amendments to its union election procedures. These proposed amendments follow the NLRB’s request for public input in...By: Franczek P.C.
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Franczek P.C. | Aug 15,2019 |

Is It Illegal To Consider A Foreign Accent When Evaluating Candidates For a Customer-Service Job?

Yes, unless the candidate’s language skills would clearly interfere with their ability to do the job. Amidst all of the current controversy concerning immigration in the United States, the experience of immigrants in the workplace is also receiving...By: Cozen O'Connor
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Cozen O'Connor | Aug 15,2019 |

NYS Eases Burden of Proof for Discriminatory Harassment

On August 12, 2019, New York State (NYS) amended its Human Rights Law to make it easier to prove discriminatory harassment for members of all protected classes, including age, race, creed, color, national origin, sex, sexual orientation, gender...By: FordHarrison
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FordHarrison | Aug 15,2019 |

New Jersey and Illinois Join the Salary History Ban Train

On July 25, 2019, Acting Gov. Sheila Oliver signed NJ A1094 (“the Law”) banning salary history requests in New Jersey. The Law will take effect on Jan. 1, 2020....By: BakerHostetler
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BakerHostetler | Aug 15,2019 |

Governor Cuomo Signs Legislation Significantly Expanding Employee Rights Under the New York State Human Rights Law

We recently published a client alert concerning pending New York State legislation expanding worker protections under the New York State Human Rights Law (NYSHRL). On August 12, 2019, Governor Cuomo signed that legislation into law....By: Davis Wright Tremaine LLP
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Davis Wright Tremaine LLP | Aug 15,2019 |

Sweeping Legislation Signed Into Law: Illinois Employers Should Prepare for the Workplace Transparency Act

Workplace Transparency Act - On August 9, 2019, Governor Pritzker approved the Workplace Transparency Act (WTA), a sweeping piece of legislation that imposes a variety of restrictions and requirements on employers relating to workplace...By: Faegre Baker Daniels
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Faegre Baker Daniels | Aug 15,2019 |

What 401(k) Plan Sponsors Should Do When They’re Selected For An Audit

When I started my own law practice almost 10 years ago, I was very frank in my comments on LinkedIn about the need for plan sponsors to understand their fiduciary responsibility and keep their 401(k) plans in order to minimize their fiduciary...By: Ary Rosenbaum
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Ary Rosenbaum | Aug 15,2019 |

Third Circuit Joins Majority In Rejecting “De Facto Administrator” ERISA Theory

The U.S. Court of Appeals for the Third Circuit joins the Second, Seventh, Eighth, Ninth, and Tenth Circuits in declining to impose liability on alleged de facto plan administrators. Under Section 502(c) of ERISA, a plan administrator may be liable...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Aug 15,2019 |

New Jersey Wage Theft Act Beefs Up Penalties On Employers—A Lot!

The State of New Jersey has passed several laws in the wage-hour area that are definitely pro-employee, to say the least. The latest effort on this front is something quite special, or onerous, depending on which side you are on....By: Fox Rothschild LLP
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Fox Rothschild LLP | Aug 15,2019 |

Fifth Circuit Takes a Bite Out of EEOC’s Criminal Background Guidance

In the first-of-its-kind ruling last week, the Fifth Circuit held that the EEOC’s investigators and lawyers cannot rely on its “Enforcement Guidance on Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII” to bring...By: Orrick - Global Employment Law Group
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