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Board Ends Union’s “Gotcha” Strategy to Counter Anticipatory Withdrawal of Recognition

The National Labor Relations Board (“NLRB”) recently determined in Johnson Controls, Inc., 368 NLRB No. 20 (July 3, 2019), that a new framework was required to analyze employees’ representation wishes when an employer receives evidence before an...By: Benesch
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Benesch | Jul 31,2019 |

10 Insurance Questions Personal Transportation Manufacturers Should Ask About Their Coverage

In our recent article, “10 Questions Personal Transportation Manufacturers Should Answer Before Selling a New or Redesigned Product,” we identified areas that should be addressed before a new product goes to market. One of the areas we highlighted...By: Nilan Johnson Lewis PA
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Nilan Johnson Lewis PA | Jul 31,2019 |

Employer Reminder: California Employers Without Employee Retirement Plans Must Offer State Retirement Program

Beginning as early as June 30, 2020, California employers with 5 or more California-based employees not already offering an employer-sponsored retirement plan will have to begin offering a retirement savings program, either through the private market...By: Ervin Cohen & Jessup LLP
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Ervin Cohen & Jessup LLP | Jul 31,2019 |

Amendment to New Jersey's Prevailing Wage Act Significantly Expands the Authority of the Commissioner

CSG Labor & Employment Alert - Effective July 9, 2019, employers who fail to pay prevailing wages to employees working on projects in New Jersey subject to the Prevailing Wage Act (“Act”) may be subject to the issuance of stop-work orders by the...By: Chiesa Shahinian & Giantomasi PC
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Something to augment what you do

As everyone knows, I’m not a big fan of payroll providers being third-party administrators, at least the big two. However, there may be opportunities for you to augment your services and make a couple of extra bucks....By: Ary Rosenbaum
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Ary Rosenbaum | Jul 31,2019 |

H-1B Employers May Face Fines for Non-Compliance with LCA Requirements

A staffing and recruiting company based in El Segundo, California recently paid $58,815 in fines to two H-1B workers after an investigation by the Department of Labor (DOL)’s Wage and Hour Division (WHD) found that the company had not complied with...By: Miles & Stockbridge P.C.
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Miles & Stockbridge P.C. | Jul 31,2019 |

Employment Law Checklist Project: Relaying Information of a Family Emergency to Employees

One of the reasons I’m working on this project is to highlight the mandates and requirements that employers in the state need to follow. Some can lead to possible litigation; some can lead to, well, something less....By: Shipman & Goodwin LLP
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Shipman & Goodwin LLP | Jul 31,2019 |

Holiday pay: case law update

The calculation of holiday pay has been the subject of a number of cases over recent weeks. There are take-aways for employers in the decisions in Neil Flowers and others v. East of England Ambulance Service (NHS Trust) and Chief Constable of...By: Dentons
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Dentons | Jul 31,2019 |

Lack of Clear Procedures Defeats Use of OSHA Employee Misconduct Defense

When cited for violation of OSHA safety rules, employers can assert an “unpreventable employee misconduct” defense. This defense claims that the employee knew that he or she should safely engage in the work activity, yet ignored these instructions...By: Parker Poe Adams & Bernstein LLP
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Bankruptcy Court Determines That The Right Of A Surety To Recover Retainage In A Construction Contract Due To Equitable Subrogation Is Superior To A Creditor's Security Interest Even If Perfected

On July 2, 2019, the United States Bankruptcy Court for the Southern District of Mississippi sent a clear message to secured lenders that their security interests on a contractor's account receivables, even if perfected, will not be superior to the...By: Moritt Hock & Hamroff LLP
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Moritt Hock & Hamroff LLP | Jul 31,2019 |
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