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Searching Content indexed under Employment and HR by Holland & Knight ordered by Published Date Descending.
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1
California Supreme Court Confirms Unpaid Wages Not Recoverable As "Civil Penalties" Under PAGA
The favorable ruling for employers curtails PAGA's reach and should help to limit runaway settlement demands in PAGA cases.
United States
14 Oct 2019
2
New California Law Codifies And Expands Strict ABC Test For Independent Contractor Status
There are numerous exemptions from the "ABC" test, and each exemption has its own set of complex requirements.
United States
1 Oct 2019
3
DOL Issues Final Regulations For Salary Cutoff Amount For Overtime Exemption
The employee's primary duty must be office or nonmanual work.
United States
30 Sep 2019
4
Prepare To Implement Paid Family And Medical Leave Under New Massachusetts Law
Massachusetts employers should be making their final preparations for the Massachusetts Paid Family and Medical Leave program in advance of the Oct. 1, 2019, effective date for payroll deductions.
United States
23 Sep 2019
5
NLRB Tunes Up Appropriate Standard In Determining Bargaining Unit Of Mechanics At Boeing
In its decision, The Boeing Company, the National Labor Relations Board clarifies what constitutes an "appropriate" bargaining unit under the "community of interest" standard, using a three-part test.
United States
23 Sep 2019
6
EEOC Won't Require Employers To Produce EEO-1 Component 2 Data After This Year
As mentioned in previous Holland & Knight alerts, employers are required, by Sept. 30, 2019, to produce to the U.S. Equal Employment Opportunity Commission what is referred to as EEO-1 Component 1 data, ...
United States
19 Sep 2019
7
Be Prepared For New Federal Overtime Rule Regarding Salary
It is expected that the U.S. Department of Labor (DOL) will set a new salary threshold in the near future for the various exemptions to overtime pay under the Fair Labor Standards Act.
United States
19 Sep 2019
8
NLRB Restores Employer Property Rights
Generally, employers are within their rights to prohibit access to their property by nonemployee union agents.
United States
13 Sep 2019
9
Religious Institutions Update: September 2019
Rehearing Denied for Elementary School Against Catholic Teacher's ADA Claim
United States
5 Sep 2019
10
Ninth Circuit Decisions Overrule 35-Year Precedent In ERISA Arbitration Disputes
In a pair of opinions issued on Aug. 20, 2019, the U.S. Court of Appeals for the Ninth Circuit expressly overruled its 35-year precedent that Employee Retirement Income Security Act disputes were not arbitrable.
United States
29 Aug 2019
11
NLRB Proposes Amendments Promoting Employee Free Choice In Representation Matters
The National Labor Relations Board (NLRB) has proposed amendments to its rules and regulations that will enhance employee freedom of choice in representation matters
United States
20 Aug 2019
12
First Circuit Splits From Sixth Circuit And Education Department On Title IX
The U.S. Court of Appeals for the First Circuit determined that constitutional due process principles do not require public universities to permit respondents or their advisors to cross-examine complainants in Title IX matters.
United States
15 Aug 2019
13
CMS Releases Fiscal Year (FY) 2020 Inpatient Prospective Payment System (IPPS) Final Rule
The rule will affect discharges occurring on or after October 1, 2019.
United States
14 Aug 2019
14
Predictive Scheduling Comes To Chicago With Passage Of Fair Workweek Ordinance
The Chicago City Council recently passed the Fair Workweek Ordinance (SO2019-3928), and Mayor Lori Lightfoot is expected to sign the Ordinance.
United States
9 Aug 2019
15
Connecticut Enacts Business Tax Credit For Student Loan Assistance
Qualified employees only include those who are residents of Connecticut.
United States
23 Jul 2019
16
Latest Developments And Deadlines Regarding The New Massachusetts PFML Law
Employers must begin payroll deductions for PFML contributions on Oct. 1, 2019.
United States
23 Jul 2019
17
U.S. Supreme Court Reaffirms Primacy Of Federal Law On Outer Continental Shelf
U.S. Supreme Court reaffirms primacy of federal law on Outer Continental Shelf holding state law may not be adopted where federal law already addresses the issue.
United States
22 Jul 2019
18
Multistate Claims For Product Labeling Fraud Require Specification Of Other States' Laws
In Augustine v. Talking Rain Beverage Co., Inc., No. 18-cv-2576-CAB-BGS, 2019 WL 1590469 (S.D. Cal. April 12, 2019), the court dismissed a putative nationwide class action for fraud by omission...
United States
22 Jul 2019
19
Trial Necessary On Whether Employer Must Indemnify Indicted Employee Against Whom Charges Were Dismissed
The defendant also argued that indemnity should not apply to the plaintiff as a former employee and that most of her legal bills were incurred after her termination.
United States
22 Jul 2019
20
Drive-Thru Windows Alleged Inaccessible In Violation Of ADA
This is the second such lawsuit against a restaurant franchise filed in the same court.
United States
22 Jul 2019
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