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1
California Court Of Appeal Finds That In-Home Caregivers May Be Employees Of Placement Agencies
In Duffey v. Tender Heart Home Care Agency, LLC, the California Court of Appeal for the First District addressed whether an in-home caregiver ...
United States
18 Feb 2019
2
South Carolina Court Of Appeals Weighs In On South Carolina's Political Opinions Statute, Approves Discharge Of Employee For Excessive Personal Use Of Company Phone And Laptop
In Owens v. Crabtree, Opinion No. 5616 (January 16, 2019), the South Carolina Court of Appeals held that a company's termination of an employee ...
United States
18 Feb 2019
3
Texas Workforce Commission Issues Proposed Rules Excluding Certain Gig Workers From The Definition Of "Employment" Under Texas Unemployment Laws
The issue of whether workers who utilize online digital platforms to obtain business and deliver services to third parties are employees or independent contractors has already been subject to much debate and litigation.
United States
15 Feb 2019
4
Third Circuit Rules That FAAAA Does Not Preempt New Jersey's ABC Test For Determining Independent Contractor Status
On January 29, 2019, the Third Circuit Court of Appeals concluded that the FAAAA does not preempt New Jersey's ABC test for determining whether a worker is an independent contractor or employee.
United States
15 Feb 2019
5
New Jersey's Minimum Wage To Reach At Least $15 By 2024
ew Jersey has joined the ranks of California, Massachusetts, New York, and the District of Columbia in requiring a phased increase of the minimum wage to $15 an hour as a result of a bill
United States
15 Feb 2019
6
Arizona Law Prohibiting Municipalities From Enacting Employee Benefits Ordinances Held Unconstitutional
An ordinance mandating the establishment of a typical benefit plan likely would be preempted by ERISA.
United States
15 Feb 2019
7
Pearce Withdraws (Beltway Buzz, February 8, 2019)
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what's happening in Washington, D.C. could impact your business.
United States
15 Feb 2019
8
A Back-To-School Progress Report
This is an update to our article, Back to School for ERISA Fiduciary Claims: How to Prepare for This Trend in University Litigation, which was published on August 22, 2017.
United States
14 Feb 2019
9
E-Verify Resumes Operations And Provides Instructions For Employers
On January 28, 2019, E-Verify resumed operations after being offline for more than a month due to the government shutdown.
United States
14 Feb 2019
10
Massachusetts Supreme Judicial Court Holds Denial Of Lateral Transfer May Constitute Adverse Employment Action
n January 29, 2019, the Massachusetts Supreme Judicial Court issued a decision that addressed for the first time whether an employer's failure to grant an employee's lateral transfer request
United States
13 Feb 2019
11
Second Verse, Same As The First: Ninth Circuit Weighs In Again On Background Check Disclosures, Raising The Compliance Bar Even Higher
he disclosure requirement of the federal Fair Credit Reporting Act (FCRA) remains one of the most contentious and expensive litigation areas for employers.
United States
13 Feb 2019
13
Changes To H-4 Work Authorization Rule Could Be On The Horizon
The Department of Homeland Security (DHS) is expected to advance its plan to rescind the H-4 employment authorization document (EAD
United States
12 Feb 2019
14
IRS Notice Offers Good News For State Colleges And Universities (At Least For Now)
In January 2019, the Internal Revenue Service (IRS) issued Notice 2019-09, which provides interim guidance for Section 4960 of the Internal Revenue Code of 1986.
United States
12 Feb 2019
15
Overbroad Geographic Restriction Dooms Covenant Not To Compete
Texas law allows for the enforcement of covenants not to compete that impose reasonable restrictions on competition.
United States
12 Feb 2019
16
Due Process And Primary Jurisdiction Defenses To Website Accessibility Claims Fall Like Dominoes In The Ninth Circuit
It remains to be seen whether Domino's will appeal to the Supreme Court of the United States.
United States
11 Feb 2019
17
New Year, New Laws: 2019 Brings Mini-COBRA, Nondisclosure Restrictions, And Minimum Wage Increase To Arizona
When Arizona's fifty-third legislature ended last spring, we reported on four new laws that impact Arizona employers and employees
United States
11 Feb 2019
18
Illinois Supreme Court Opens Floodgates For Biometric Lawsuits: Will The Business Community Lobby For Change?
The Illinois Supreme Court issued its long-awaited ruling in Rosenbach and reversed the appellate court's decision that technical violations ...
United States
8 Feb 2019
19
Is Paris Burning? France Considers Whether Damages For Employee Dismissals Should Be Capped
The latest version of Article L. 1235-3 of the French Labor Code, based on the "Macron Ordinances," has recently been the subject of major dispute, with several labor tribunals issuing conflicting decisions
France
8 Feb 2019
20
2018 EEO-1 Survey Site Will Open In Early March 2019
As we previously reported, the Equal Employment Opportunity Commission (EEOC) was one of the federal agencies affected by the partial federal government shutdown.
United States
7 Feb 2019
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