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Landmark Bill Passes: California Codifies “ABC” Test for Worker Classification

On Thursday, September 12th, the California State Assembly passed Assembly Bill 5 (“AB 5”), the controversial new law that codifies the three-factor “ABC” test introduced by the California Supreme Court in its 2018 Dynamex decision. The passage of AB...By: Proskauer - Employee Benefits & Executive
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Ohio Federal Judge Crafts An Unprecedented Class Action Mechanism To Bring Relief To Counties And Cities Struggling To Address Opioid Crisis

Seyfarth Synopsis: In complex class actions, courts have looked to Rule 23 to authorize class actions either for trial, or for approval of a previously negotiated settlement. Now as thousands of public entities nationwide pursue financial relief from...By: Seyfarth Shaw LLP
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Seyfarth Shaw LLP | Sep 16,2019 |

Understand the Dangers of Housing Independent Contractors in an HRIS

The 1099 independent contractor model can be the ideal setup for some employers and workers. However, the misclassification of workers — a risk that is significantly increased when housing independent contractors in an HRIS — can be costly....By: Openforce
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Openforce | Sep 16,2019 |

Lessons in Drafting and Implementing an Enforceable Mandatory Arbitration Agreement

Recently, the California Supreme Court invalidated a mandatory arbitration agreement in OTO, LLC v. Kho (August 29, 2019) finding the agreement was both procedurally and substantively unconscionable. The case involved arbitration of a former...By: FordHarrison
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FordHarrison | Sep 16,2019 |

[Video] Converge19-Scott McCleskey on Mapping Ethical Risk in Your Organization

CONVERGE is in its 4th year of bringing together the world’s leading companies for 2 days of dynamic speakers, thought-provoking breakout sessions, and opportunities to connect with like-minded professionals. You will leave the conference with new...By: Thomas Fox
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Thomas Fox | Sep 16,2019 |

Banking Standards Board Publishes Good Practice Guidance on Regulatory References

The Banking Standards Board has published a statement of good practice for firms when providing and requesting regulatory references in accordance with the Senior Managers and Certification Regime. The SM&CR for banks and building societies was...By: Shearman & Sterling LLP
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Shearman & Sterling LLP | Sep 16,2019 |

UPDATE: EEOC Will Not Collect Pay Data for 2019, 2020 or 2021

As we reported in previous alerts (April 26, 2019 and May 9, 2019), all employers with 100 or more employees must submit employee pay data for 2017 and 2018 to the U.S. Equal Employment Opportunity Commission (EEOC) on an updated Employer Information...By: Foley Hoag LLP
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Foley Hoag LLP | Sep 16,2019 |

NLRB to Revisit Issue of When Employees Lose NLRA Section 7 Protection When Using Threatening and Demeaning Language

While discussing work assignments with his supervisor, an employee uses abusive and profane language. In another incident, the employee disrupts a workplace meeting by playing loud music with racial and political overtones. These and other behaviors...By: Hinshaw & Culbertson LLP
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Hinshaw & Culbertson LLP | Sep 16,2019 |

California Supreme Court Hands Employers A Rare Victory, Trims Bloated PAGA Claims

Yesterday September 12, 2019, the California Supreme Court held that private litigants may not recover unpaid wages under the Labor Code Private Attorneys General Act (“PAGA”).  See ZB, N.A. v. Superior Court (Lawson) (Cal. S. Ct. Sept. 12, 2019)....By: Proskauer - California Employment Law
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Employees Seeking ADA Accommodations Do Not Have to Make Formal Request

Employees or applicants with disabling medical conditions must place the employer on notice of such condition in order to claim protection under the Americans with Disabilities Act. However, as reminded in a new decision from the Tenth Circuit Court...By: Parker Poe Adams & Bernstein LLP
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