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Tom Douglas Settlement Highlights a $2.4 Million Technicality: Three Steps to Help Avoid Potential Costly Litigation Related to Washington’s Automatic Service Charge Laws

A recent settlement between Seattle chef Tom Douglas and his restaurant employees highlights the potentially costly technical requirements of Washington’s automatic service charge laws for hospitality businesses. Washington law allows all...By: Foster Garvey PC
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Foster Garvey PC | Nov 19,2019 |

ESG due diligence

Over the last 18 months, a raft of publicity has propelled environmental, social and governance (ESG) issues to the forefront of corporate thinking. Three sources of pressure are behind this: (1) from "below" i.e. civil society movements and evolving...By: Dentons
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Dentons | Nov 19,2019 |

Delaware Opens the Door to Third-Party Beneficiaries

Based on a recent Delaware Chancery Court decision, parties outside of a transaction—not just the buyer or seller—may be able to enforce continuing employment provisions in a purchase agreement. This decision shows that a third party can successfully...By: McDermott Will & Emery
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McDermott Will & Emery | Nov 19,2019 |

Is Mandatory Individual Arbitration Another Tool for the Plan Design Toolbox?

Recent decisions by the US Court of Appeals for the Ninth Circuit have reinvigorated the debate over whether mandatory individual arbitration provisions are enforceable with respect to ERISA claims and, if so, whether these provisions are worth...By: Morgan Lewis
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Morgan Lewis | Nov 19,2019 |

Delaware Court Of Chancery Rejects Demand To Inspect Books And Records Under Section 220 To Aid In Proxy Contest

On November 14, 2019, Vice Chancellor Joseph R. Slights III of the Delaware Court of Chancery rejected a demand by stockholders of Occidental Petroleum Corporation under Section 220, 8 Del. C. § 220, for documents and information relating to the...By: Shearman & Sterling LLP
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Shearman & Sterling LLP | Nov 19,2019 |

Air Systems Inc. Sued by EEOC for Race Harassment

Workers Found Scrawled Racial Slurs and Noose at Apple Park Construction Site, Federal Agency Charges - CUPERTINO, Calif. - A San Jose-based electrical subcontractor at the Apple Park construction project, Air Systems Inc. (ASI), violated federal...By: U.S. Equal Employment Opportunity Commission
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Truckers Seek To Toss California’s New Gig Economy Law

We’re now just a few weeks away from the nation’s most stringent independent contractor misclassification law taking effect in California. But if a group of truck drivers have their way, the law will stall out before it ever gets on the road. The...By: Fisher Phillips
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Fisher Phillips | Nov 19,2019 |

Oregon Upholds Meal-Break Compliance

On Thursday, November 14, 2019, the Oregon Court of Appeals released its decision in Maza v. Waterford Operations, LLC, 300 Or App 471 (2019), that clarified Oregon employers’ obligation to ensure that non-exempt employees take required meal breaks....By: Schwabe, Williamson & Wyatt PC
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New York State Enacts Law to Protect Employees’ Reproductive Health Decisions

New York Governor Andrew Cuomo has signed into law a bill which, effective immediately, prohibits employers from accessing information on employees’ or dependents’ reproductive health without prior consent....By: Proskauer - Law and the Workplace
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Debunking Conventional Labor and Employment Wisdom

In my 27 years of practicing labor and employment law, I have observed a number of repeated preconceptions and points that in my humble opinion are simply wrong. I am not arguing that everyone, or even most people, believes all of these points....By: Foley & Lardner LLP
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Foley & Lardner LLP | Nov 19,2019 |
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