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You Misunderstood the Valuation: Court Rejects ESOP Fiduciary Breach Suit - Employee Benefits Alert

A federal trial court has dismissed a lawsuit brought by a participant in an employee stock ownership plan (ESOP) claiming that fiduciaries of the ESOP caused it to overpay for stock of the company in a leveraged transaction. The court concluded...By: Bradley Arant Boult Cummings LLP
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A Sweeping Overhaul: An Employer’s Guide to the Latest Expansion of New York State’s Discrimination Laws

After enacting progressive sexual harassment laws just last year, New York State (NYS) lawmakers have once again strengthened employee protections in the workplace. Governor Cuomo signed Assembly Bill No. 8421 into law on August 12, 2019, expanding...By: Arent Fox
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Arent Fox | Aug 14,2019 |

Multiple States Join Emerging National Trend Banning Noncompete Agreements with Low-Wage Workers

Maine, Maryland, New Hampshire, Washington and Rhode Island have recently joined the growing ranks of states that prohibit non-competes with lower income workers, reflecting a growing public policy concern regarding fairness of imposing...By: Nutter McClennen & Fish LLP
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Nutter McClennen & Fish LLP | Aug 14,2019 |

NLRB Announces Three Proposed Rulemaking Amendments Aimed at Overhauling Union Election Procedures – With More to Come!

The National Labor Relations Board published a Notice of Proposed Rulemaking (“NPRM”) on Monday, August 12, 2019, proposing three amendments to its current rules and regulations aimed at addressing representation election procedures – with...By: Proskauer - Labor Relations
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Proskauer - Labor Relations | Aug 14,2019 |

Garden Plaza of Greenbriar Cove to Pay $92,000 to Settle EEOC Religious Bias Lawsuit

Retirement Community Discriminated Against Two Employees by Demanding They Work on Sabbath, Federal Agency Charged - CHATTANOOGA-Century Park Associates, LLC, d/b/a Garden Plaza at Greenbriar Cove (Century), operating a senior and assisted living...By: U.S. Equal Employment Opportunity Commission
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Indiana Court of Appeals Decision Signals Change in State’s Restrictive Covenant Law

On April 15, 2019, the Indiana Court of Appeals issued a ruling that significantly developed restrictive covenant law in two areas: whether courts may reform contracts (as opposed to blue-penciling them) and whether non-solicitation provisions can...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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New York State Enacts Law Prohibiting Religious Discrimination Based on Appearance

On the heels of enacting a law to prohibit hairstyle discrimination, New York Governor Andrew Cuomo has signed into law a bill that amends the New York State Human Rights Law (NYSHRL) to expressly prohibit employment discrimination based on attire,...By: Proskauer - Law and the Workplace
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Wage Theft Act Becomes Law in New Jersey

New Jersey’s new Wage Theft Act will likely make the state a destination for wage and hour class actions as the new law includes critical employee protections and harsher penalties for employers, and extends the statute of limitations for minimum...By: Morgan Lewis
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Morgan Lewis | Aug 14,2019 |

[Podcast]: Worker Classification after Dynamex, Not as Simple as ABC

In its 2018 decision in Dynamex Operations West v. Superior Court of Los Angeles County, the California Supreme Court upended decades of precedent by setting out a new, stringent, three-factor test to determine proper worker classification for...By: Proskauer - Employee Benefits & Executive
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UPDATE: New York State Expected to Vastly Overhaul Harassment/Discrimination Laws Again

As we reported in our blog post, and our summer newsletter, in late June, the New York Legislature passed a bill that vastly changed the discrimination and harassment landscape for employers. Today, Gov. Cuomo signed that bill into law. ...By: BakerHostetler
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BakerHostetler | Aug 14,2019 |
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