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What do Employer’s Need to Know Following the Passage of California’s New Law on Independent Contractor Misclassification?

On September 18, 2019, Governor Gavin Newsom signed into law Assembly Bill 5, which clarifies when workers should be considered “employees” under the California Labor Code and the California Unemployment Insurance Code, thereby entitling them to the...By: Dorsey & Whitney LLP
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Dorsey & Whitney LLP | Oct 09,2019 |

HR Two Minute Monthly: whistleblowing; religion or belief discrimination; employment status

Our October update considers recent developments in employment law, including cases on the whistleblowing public interest test, whether vegetarianism is a protected belief under discrimination law, and employment status. We also outline other points...By: Bryan Cave Leighton Paisner
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Bryan Cave Leighton Paisner | Oct 09,2019 |

NLRB Proposes End to Graduate Student Unions at Private Universities

Since 2000, the National Labor Relations Board has taken the position that some graduate students who are paid for teaching and research functions by private colleges and universities qualify as employees eligible to organize and bargain with their...By: Parker Poe Adams & Bernstein LLP
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DOL Issues Proposed Regulations on Handling Tips and the “80/20 Rule”

Over a year after Congress amended the Fair Labor Standards Act (FLSA) to clarify tip ownership questions, the U.S. Department of Labor (DOL) finally published a Notice of Proposed Rulemaking on October 8, 2019, with proposed changes to its current...By: Littler
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Littler | Oct 09,2019 |

Does the ADA Protect Employees from Discrimination Based on Potential Future Disabilities?

The Americans with Disabilities Act (ADA) does not protect employees from discrimination based on potential future disabilities, according to a recent ruling by the 11th Circuit Court of Appeals, which covers Florida, Georgia, and Alabama....By: Akerman LLP - HR Defense
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Akerman LLP - HR Defense | Oct 09,2019 |

OFCCP Announces Three Multimillion Dollar Bias Settlements

The OFCCP opened the month of October by announcing three multimillion dollar settlements with major government contractors.  The agency entered into early resolution conciliation agreements with Goldman Sachs & Co. LLC and Dell Technologies, Inc. to...By: Polsinelli
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Polsinelli | Oct 09,2019 |

No Vacation From Legal Uncertainty: Colorado's Conflicting Directions About Vacation Policies

May Colorado employers adopt “use-it-or-lose-it” vacation policies, in which employees lose paid vacation time if they do not use it within a certain time frame? May Colorado employers refuse to pay out the cash value of unused vacation time to...By: Husch Blackwell LLP
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Husch Blackwell LLP | Oct 09,2019 |

"ABC" Employment Test Imposed on Franchising in California; Better News on the Joint Employment Front

California Gov. Gavin Newsom signed Assembly Bill 5 (AB-5) on September 18, 2019, which adopts the “ABC test” for certain California employment laws. Soon after, on September 24, 2019, the U.S. Court of Appeals for the 9th Circuit held in Vazquez v....By: Faegre Baker Daniels
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Faegre Baker Daniels | Oct 09,2019 |

Working Time/Travel Time Case Thrown Out: No Integral Connection To Primary Duty

I have defended many claims and lawsuits involving working time, especially travel time. Employees are continually seeking innovative ways to convert their otherwise non-compensable home-to-work travel into compensable work hours. These efforts...By: Fox Rothschild LLP
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Fox Rothschild LLP | Oct 09,2019 |

North Carolina Court Awards $41 Thousand-Plus Penalty For Failure To Produce Documents Requested By Plan Participants

Section 104(b)(4) of ERISA provides that a plan administrator must respond to a written request for certain documents (including the plan documents and summary plan description) by a participant or beneficiary by providing the requested documents....By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Oct 09,2019 |
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