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Tread Carefully When Relying on EEOC Guidance

Employers visiting the EEOC’s website to obtain information regarding employment practices often encounter agency guidance documents. Many employers understandably assume EEOC guidance simply contains a summary of applicable legal requirements....By: Pessin Katz Law, P.A.
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Pessin Katz Law, P.A. | Aug 28,2019 |

New Oklahoma medical marijuana rules go into effect Friday

When Oklahoma’s new medical marijuana law goes into effect this Friday, August 30, employers will have more ways to maintain a safe workplace. Under the current law, employers have been able to discharge any employee who possesses or uses medical...By: McAfee & Taft
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McAfee & Taft | Aug 28,2019 |

Courts, Not Arbitrators, Decide Gateway Issue of Class Proceedings

Who should decide the gateway issue of whether an arbitration agreement permits class proceedings? Courts, not arbitrators, the U.S. Court of Appeals for the Fifth Circuit has concluded, joining the Fourth, Sixth, Seventh, Eighth, Ninth and Eleventh...By: Manatt, Phelps & Phillips, LLP
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Manatt, Phelps & Phillips, LLP | Aug 28,2019 |

Compensation and Benefits Insights – August 2019

Multiple Employer Plans: Proposed IRS Regulations Eliminate the “One Bad Apple” Rule - A multiple employer plan (MEP) is a tax qualified retirement plan that is maintained by two or more employers who are not part of the same group of controlled...By: King & Spalding
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King & Spalding | Aug 28,2019 |

California Haze: Confusion Around Employee Use of Legalized Marijuana

What is the Law? - California legalized medical use of marijuana in 1996. California then legalized the recreational use of marijuana in 2016. California disability related laws, the Fair Employment Housing Act and CA Family Rights Act, require...By: Greenberg Glusker Fields Claman & Machtinger
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First Circuit Rules Inconsistent SSDI Statements Doom ADA Claim

In Pena v. Honeywell International, Inc., issued on July 22, 2019, the U.S. Court of Appeals for the First Circuit denied a former employee’s petition for rehearing en banc of the court’s April 26, 2019, decision addressing whether her inconsistent...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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DOL Opinion Letter Applies the Highly Compensated Employee Exemption to Paralegals

In July 2019, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued Opinion Letter FLSA2019-8 addressing whether paralegals are exempt from minimum wage and overtime requirements under Section 13(a)(1) of the Fair Labor Standards Act...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Orrick’s 101 – Legal Q&A Fixed-Term Contracts

German employment law provides for rather strong dismissal protection. This is the main reason why more and more employers are hiring employees on a fixed-term basis, since this will in most cases end employment legally sound, may save the company a...By: Orrick, Herrington & Sutcliffe LLP
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Illinois' New Recreational Marijuana Law Creates New Hurdles for Employers with Zero Tolerance Policies

With the passage of the Cannabis Regulation and Tax Act in June, Illinois became the 11th state in the country to legalize the recreational use of marijuana....By: Stinson LLP
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Stinson LLP | Aug 28,2019 |

What the DOL Guidance on Nondiscretionary Bonuses Means for Nonexempt Employees

A common challenge for employers of hourly or nonexempt employees who receive quarterly or annual nondiscretionary bonuses is how to factor such bonuses into the employees’ regular rates of pay and calculate the appropriate overtime premiums due to...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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