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Answers to 10 Questions About California’s Ban on Mandatory Arbitration of Statutory Employment Claims

California is set to become the only state to outlaw predispute mandatory arbitration of statutory employment claims. On October 10, 2019, Governor Gavin Newsom signed California Assembly Bill (AB) 51, which prohibits employers from requiring...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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CA Proposes Changes to CFRA, NPLA and Regulations

On September 6, 2019, the California Fair Employment and Housing Council of the Department of Fair Employment and Housing proposed amendments to regulations regarding criminal history, the California Family Rights Act (CFRA), and the New Parent Leave...By: Locke Lord LLP
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Locke Lord LLP | Oct 22,2019 |

Many States and Municipalities Now "Ban the Box"

Over the last several years, the “ban the box” movement has gained an impressive amount of momentum and support from lawmakers and activists across the nation. With an aim to provide job applicants a chance to obtain employment without the stigma of...By: Locke Lord LLP
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Locke Lord LLP | Oct 22,2019 |

NLRB Approves Mandatory Arbitration Agreement Rollout During Pending Litigation

Last May, in Epic Systems Corp. v. Lewis, 584 U.S. __, 138 S.Ct. 1612 (2018), the United States Supreme Court held that employee agreements waiving workers’ rights to class and collective actions, and requiring individualized arbitration to resolve...By: Locke Lord LLP
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Locke Lord LLP | Oct 22,2019 |

California Imposes New Flexible Spending Account Notice Requirement On Employers

Beginning with plan years that end in 2020 California employers maintaining flexible spending accounts, or “FSAs,” will be required by a new amendment to the state’s Labor Code, enacted August 30, 2019, to notify the employee participants of any...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Oct 22,2019 |

Arbitration Agreements May Violate the NLRA Absent Carve-outs

In Prime Healthcare Paradise Valley LLC, 368 NLRB No. 10 (2019), the National Labor Relations Board ruled that an arbitration agreement that did not explicitly limit an employee’s ability to file charges with the Board nonetheless violated the...By: Locke Lord LLP
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Locke Lord LLP | Oct 22,2019 |

Worker Misclassification Is Not a Per Se NLRA Violation

In Velox Express, Inc., 368 NLRB No. 61 (2019), the National Labor Relations Board ruled that misclassifying an employee as an independent contractor, standing alone, does not constitute a violation of the National Labor Relations Act....By: Locke Lord LLP
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Locke Lord LLP | Oct 22,2019 |

NC-OSHA Willful Citations Remind Employers to Know the Legal Aspects of Citations.

NC-OSHA is a solid state-OSHA plan. They believe that their approach best reflect the needs of their citizens and challenged the Obama era Fed-OSHA when they felt that Fed demands were punitive and counterproductive. The agency values cooperative...By: Fisher Phillips
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Fisher Phillips | Oct 22,2019 |

The AHA Reports Economic Benefits Associated with Increased Hospital Consolidation

The American Hospital Association (“AHA”) recently released a report that concludes that hospital acquisitions result in better care for patients at lowers costs. The study described in the report consisted of structured interviews with the leaders...By: Sheppard Mullin Richter & Hampton LLP
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High Court of Australia clarifies the availability of the remedy of restitution on a ‘quantum meruit’ basis

a) On 9 October 2019, in the judgement of Mann v Paterson Constructions Pty Ltd [2019] HCA 32 (Mann), the High Court of Australia clarified the ability for contractors to claim on a quantum meruit basis....By: White & Case LLP
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White & Case LLP | Oct 21,2019 |
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