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New York Legislature Passes Sweeping Amendments to its Discrimination and Harassment and Pay Equity Laws

Building in part on amendments passed last year, the New York State Legislature has passed legislation significantly broadening protections for employees. Governor Cuomo is expected to sign the amendments into law shortly....By: Dorsey & Whitney LLP
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Dorsey & Whitney LLP | Jul 02,2019 |

You’re a Grand Old Flag – A (Very) Brief History in Employment Law

With Independence Day nearly upon us (and with many offices on skeleton crews this week), I thought I would take a very brief look back at a case that has particular relevance to the Grand Old Flag and displays of patriotism in the workplace. If...By: Shipman & Goodwin LLP
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Shipman & Goodwin LLP | Jul 02,2019 |

Oregon Governor Signs Sweeping Union Rights Law Affecting Public Employers

On June 20, 2019, Oregon governor Kate Brown signed House Bill (HB) 2016 into law. The legislation brings sweeping changes for public sector employers and unions in an effort to increase unions’ direct access to represented employees at the...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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UK Court of Appeal Ruling Paves Way for Collective Bargaining Without Veto Right for Unions

The UK Court of Appeal (the CoA) issued its judgment on 13 June in the case of Kostal UK Ltd v Dale Dunkley and Others, which called into question the scope of S.145B of the Trade Union and Labour Relations Consolidation Act 1992 (the Act). The...By: Morgan Lewis
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Morgan Lewis | Jul 02,2019 |

Right to Enforce Arbitration Is Waived Upon Default

Generally, the right to enforce arbitration may be waived. While there is no established rule as to what constitutes waiver, it typically requires a showing of prejudice through undue burden resulting from the delay in demanding arbitration. That...By: Nexsen Pruet, PLLC
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Nexsen Pruet, PLLC | Jul 02,2019 |

Employer Name Error Doesn’t End Plaintiff’s ADEA Action

An employee’s error with regard to the name of his employer when he filed a charge of discrimination was not fatal to his age discrimination claim, the U.S. Court of Appeals, Seventh Circuit held....By: Manatt, Phelps & Phillips, LLP
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Manatt, Phelps & Phillips, LLP | Jul 02,2019 |

Employer’s Profit-Sharing Plan Is Not Covered by ERISA, Pennsylvania Federal Court Finds

One of the most fundamental, but often overlooked, defenses in ERISA litigation is that the plaintiff did not allege a violation of an actual ERISA plan....By: BakerHostetler
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BakerHostetler | Jul 02,2019 |

Not So Fast: Southern District of New York Holds Federal Law Pre-Empts State Sexual Harassment Arbitration Law

As we reported on June 21, New York blew the lid off 30 years of sexual harassment and discrimination law by passing legislation that, among other things, bars mandatory arbitration of all claims of discrimination. That earthquake was followed by a...By: Kelley Drye & Warren LLP
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Kelley Drye & Warren LLP | Jul 02,2019 |

Legalized Marijuana in Illinois: The Basics for Employers

On June 25, 2019, Governor Jay B. Pritzker signed the Cannabis Regulation and Tax Act (HR1438) (“Cannabis Act”) into law. When the law goes into effect on January 1, 2020, Illinois will be the second largest state (after California) to allow the use...By: Kelley Drye & Warren LLP
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Kelley Drye & Warren LLP | Jul 02,2019 |

A New Era of HRAs Begins in 2020

A triumvirate of agencies is bringing a fresh set of health reimbursement arrangements (HRAs) to the table for 2020. Our Employee Benefits & Executive Compensation Group breaks down the nuances between the new individual coverage HRAs (ICHRA) and...By: Alston & Bird
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Alston & Bird | Jul 02,2019 |
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