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Common Sense Prevails For California Franchisors: Ninth Circuit Focuses On Actual Control of the Worker in Joint Employment Analysis

Seyfarth Synopsis: The Ninth Circuit’s recent decision in Salazar v. McDonald’s Corporation is welcome news for entities facing concerns about joint employment status under California law, and in particular, for franchisors. In Salazar, the Ninth...By: Seyfarth Shaw LLP
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Seyfarth Shaw LLP | Oct 18,2019 |

Basic considerations associated with the use of public-private partnerships (P3s) by colleges and universities with a focus on energy/utility P3s

Higher education institutions increasingly leverage P3s to deliver campus projects, including with respect to energy and utility assets, instead of traditional project structures that involve the institution owning and funding the assets. Please see...By: Hogan Lovells
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Hogan Lovells | Oct 18,2019 |

OSHA-Reportable Injuries: Not All Employee Hospitalizations Are Created Equal

When it comes to OSHA-reportable fatalities and injuries, there are some important exceptions in the regulation that employers should be aware of. An OSHA-reportable in-patient hospitalization is limited to a formal, in-patient admission to a...By: Snell & Wilmer
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Snell & Wilmer | Oct 18,2019 |

Nationwide FLSA Class Action Fails Because Out-of-State Plaintiffs Are Not Sufficiently Connected To State Where Lawsuit Filed: A New Defendant Strategy Pays Off!

Many times, plaintiff lawyers will try to file FLSA class actions as nationwide lawsuits so the size of the class and potential recovery can be magnified geometrically. Well, that just got a little harder to do as a federal judge rejected an attempt...By: Fox Rothschild LLP
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Fox Rothschild LLP | Oct 18,2019 |

Board Affirms Reasonable Employer Policies On Confidentiality And Media Contact

Last week, the National Labor Relations Board (“Board”) held that employer policies that prohibit disclosure of confidential and proprietary information, and certain media contact rules are lawful under the National Labor Relations Act (“NLRA”). LA...By: Sherman & Howard L.L.C.
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Sherman & Howard L.L.C. | Oct 18,2019 |

Time To Reassess The Pros And Cons Of Mandatory Employment Arbitration

With the passage of AB 51, which we discussed in yesterday’s post, it’s understandable for employers and HR professionals to be asking if mandatory workplace arbitration still makes sense. After all, according to the new bill set to take effect on...By: Fox Rothschild LLP
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Fox Rothschild LLP | Oct 18,2019 |

Thoughts About The Supreme Court LGBT Arguments

Who's the "swing vote," the "parade of horribles," and more. I'm sorry that I haven't blogged lately, but duty called. I've missed you, dear readers! As you all knew, the U.S. Supreme Court heard oral argument last week in the cases addressing...By: Constangy, Brooks, Smith & Prophete, LLP
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Hurricane Season Poses Challenges for Employers

Wages - Employers frequently face a rash of absences and call-offs in the wake of a natural disaster. Generally, whether a business is required to pay an employee who misses work depends on whether the employee is exempt or non-exempt under the Fair...By: Saul Ewing Arnstein & Lehr LLP
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Pennsylvania Expands Mandatory E Verify Use to Entire Construction Industry

Pennsylvania recently passed noteworthy new legislation known as the Construction Industry Employee Verification Act (the “Act”). The Act requires all employers in the construction industry to use E-Verify, a free government database, to confirm the...By: Kilpatrick Townsend & Stockton LLP
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The State AG Report Weekly Update October 2019 #3

2019 AG Elections- Republican Jeff Landry Secures Second Term as Louisiana’s Attorney General- Louisiana held an election for AG on October 12, 2019; unlike other states, Louisiana holds “jungle” primary in which all candidates compete and, if one...By: Cozen O'Connor
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Cozen O'Connor | Oct 18,2019 |
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