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SEC Takes First Step Toward Improving Accountability of Proxy Advisers

The Background: The Securities and Exchange Commission ("SEC") published guidance affecting proxy advisory firms and the investment advisers that rely on them as a follow-up to its November 2018 proxy process roundtable. The Issue: The guidance...By: Jones Day
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Jones Day | Sep 18,2019 |

New York State Doubles Down on Data Privacy, Sets High Bar for “Reasonable Safety Standards”

On July 25, 2019, New York governor Andrew Cuomo signed into law two bills aimed at increasing the obligations of entities handling computerized private data. The Stop Hacks and Improve Electronic Data Security Act (SHIELD Act) expands the...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Court: 2013 CADA Amendments Give More Remedies to State Employees

On April 4, 2019, the Colorado Court of Appeals issued its decision in Houchin v. Denver Health and Hospital Authority, holding that under 2013 amendments to the Colorado Anti-Discrimination Act (CADA), state employees may file claims for certain...By: Holland & Hart - Employers' Lawyers
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Time is Running Out to File Revised EEO-1 Forms, But Some Good News for the Future

In 2016, the EEOC revised its EEO-1 form that collects pay data from employers with 100 or more employees. The previous version of the EEO-1 form required employers to report the number of employees across ten job categories according to race,...By: Burr & Forman
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Burr & Forman | Sep 18,2019 |

Who Are Independent (Contractors)? Throw Your Hands Up At Me!

Seyfarth Synopsis: California’s hotly contested and closely followed AB 5 independent contractor bill, which would extend the ABC test beyond Wage Order claims, just passed the California Senate, and now heads back to the State Assembly for...By: Seyfarth Shaw LLP
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Seyfarth Shaw LLP | Sep 18,2019 |

Will New York Be The Next Gig Economy Battlefield?

“Anything you can do, I can do better.” That’s essentially the sentiment floating around Albany these days as New York lawmakers look enviously towards California and its groundbreaking new law that will soon revolutionize the way workers are...By: Fisher Phillips
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Fisher Phillips | Sep 18,2019 |

National Labor Relations Board Reopens Rules Related to Union Activity

The National Labor Relations Board continues its efforts to revisit earlier decisions that expanded protections for employees engaged in concerted or union activities. On September 5, the board announced it is soliciting briefs on whether to change...By: Parker Poe Adams & Bernstein LLP
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The Women of Amazon Studios’ The Boys Offer Lessons on Title VII Retaliation

Piggybacking off my colleague Tim Reed’s recent post providing the background/plot and discussing employer liability issues in Amazon Studios’ The Boys, I am happy to continue expounding upon the various employment law issues that arose in season...By: FordHarrison
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FordHarrison | Sep 18,2019 |

Government Continues to Closely Scrutinize Pharmaceutical Marketing Practices

On September 4, 2019 the Department of Justice (DOJ) announced a $15.4 million settlement with pharmaceutical company Mallinckrodt ARD LLC (Mallinckrodt) to resolve alleged violations of the Anti-Kickback Statute (AKS) in two whistleblower suits...By: Robinson+Cole Health Law Diagnosis
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Peace for Piece-Rate Employers in Washington

On September 5, 2019, the Washington Supreme Court issued a huge win for all non-agricultural employers who pay commission or piece-rate pay to their employees in Washington state. In a 6-3 decision, the Washington Supreme Court held in Sampson v....By: Sheppard Mullin Richter & Hampton LLP
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