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Archive by tag: Hinshaw & Culbertson LLPReturn

NLRB Ruling: Simply Misclassifying Workers is Not an Unfair Labor Practice

The National Labor Relations Board (NLRB) continues to retreat from its previously expansive approach to what might be considered interference with Section 7 rights under the National Labor Relations Act (the "Act"). Followers of Hinshaw's blog...By: Hinshaw & Culbertson LLP
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Hinshaw & Culbertson LLP | Sep 04,2019 |

NLRB Announces Three Proposed Rules, ULPs May No Longer Block an Election

On August 12, 2019, the National Labor Relations Board (NLRB) issued three proposed amendments to the rules on union representation elections. These three amendments, outlined below, would change the "blocking charge" policy, the voluntary...By: Hinshaw & Culbertson LLP
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Hinshaw & Culbertson LLP | Aug 31,2019 |

New York Passes Significant Amendments to Anti-Harassment and Anti-Discrimination Law

In an effort to align its legislation with the broader standards of the New York City Human Rights Law, New York State recently passed an amended anti-harassment bill which will significantly impact how employers handle harassment claims. Governor...By: Hinshaw & Culbertson LLP
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Hinshaw & Culbertson LLP | Aug 30,2019 |

Florida Can Enforce Law Voiding Noncompete Contracts Between Doctors and Employers

Last week, the U.S. District Court for the Northern District of Florida held that Florida can enforce a law that voids noncompete agreements between doctors and their employers. The recently adopted legislation—section 542.336, Florida statutes—voids...By: Hinshaw & Culbertson LLP
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Hinshaw & Culbertson LLP | Aug 27,2019 |

NLRB Serves Up Guidance for Restaurants on Mandatory Arbitration Agreements in Post-Epic Systems Era

The National Labor Relations Board (NLRB) recently provided guidance in Cordúa Restaurants, Inc., 368 NLRB No. 43, for employers seeking to require employees to sign class action and collective action waivers in arbitration agreements when facing...By: Hinshaw & Culbertson LLP
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Hinshaw & Culbertson LLP | Aug 26,2019 |

DOL Opinion Letter Expands Scope of Activities Eligible for Intermittent Family Leave

On August 8, 2019, the U.S. Department of Labor – Wage and Hour Division (collectively the "DOL") issued Opinion Letter FMLA2019-2-A, which interpreted the Family and Medical Leave Act of 1993 (FMLA) to include providing intermittent family leave for...By: Hinshaw & Culbertson LLP
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Hinshaw & Culbertson LLP | Aug 24,2019 |

State of Illinois Prohibits Employers from Using Salary History in Hiring Process

On July 31, 2019, Illinois joined a growing list of state and local governments that have banned employers from using salary history in the hiring process. For those keeping count, there are now 18 state bans and 18 municipal bans nationwide....By: Hinshaw & Culbertson LLP
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Hinshaw & Culbertson LLP | Aug 21,2019 |

Major League Baseball Umpire Strikes Out in His Assertion of Union Privilege in Discrimination Claim

A Federal District Court in New York recently fielded the issue of whether there is such a thing as a union relations privilege and the extent of that privilege. In Hernandez v. Office of the Commissioner of Baseball (18 Civ.No.35), baseball umpire...By: Hinshaw & Culbertson LLP
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Hinshaw & Culbertson LLP | Aug 05,2019 |

Hair Today…Discrimination Tomorrow? California and New York Adopt Hair Style Protections, Others Surely to Follow

On July 3, 2019, California Governor Gavin Newsom approved Senate Bill No. 188 providing legal protection from discrimination in the workplace and in public schools for natural and protective hairstyles historically worn by black people and people of...By: Hinshaw & Culbertson LLP
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Hinshaw & Culbertson LLP | Jul 29,2019 |

Minnesota Appellate Court Finds Litigation-Funding Agreement Void and Unenforceable

Maslowski v. Prospect Funding Partners LLC, 2019 BL 25346, Minn. Ct. App., No. A18-1906 (July 8, 2019) - Brief Summary - A Minnesota appellate court upheld a trial court's conclusion that a litigation-funding agreement was invalid because it was...By: Hinshaw & Culbertson LLP
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Hinshaw & Culbertson LLP | Jul 18,2019 |
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