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California Supreme Court Rules That Employees Who Have Settled Their Individual Wage And Hour Claims May Still Pursue Representative PAGA Claims As “Aggrieved Employees.”
March 26, 2020
In an issue of first impression, and an important loss for employers, the California Supreme Court recently decided that employees still can pursue claims under the California Labor Code Private Attorneys General Act of 2004 ("PAGA") even if they settle and dismiss their individual claims for California Labor Code violations.
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Extraordinary Employee Misconduct: FMLA Does Not Cover Travel to and from an NFL Game
March 12, 2020
This installment in our occasional series of extremely poor judgment by employees illustrates the point that social media has led to the downfall of many an FMLA abuser.
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NLRB Issues Final Joint Employer Rule, Making Such Findings Less Likely
February 25, 2020
The National Labor Relations Board announced a Final Rule on joint-employer status under the National Labor Relations Act that retreats from the broad expansion of the joint employment principle in recent years and returns to its prior, more restrictive standard, which it describes as “carefully balanced.”
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Minnesota: Potpourri of Wage & Hour News
February 25, 2020
In the past week there was nothing really Earth-shattering as far as wage and hour updates, but certainly some updates to note.
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Economy Expands, Unions Decline
February 24, 2020
According to the Bureau of Labor Statistics, private and public union membership in 2019 declined.
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What Has the EEOC Been Up to Recently?
February 24, 2020
Little has been announced by the EEOC about new priorities or whether charge handling procedures will change. But we can put together some statistics as to the agency’s recent accomplishments.
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Wage and Hour Update
February 24, 2020
Employers should remain diligent to ensure they are complying with the various wage hour statutes.
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Must an Employer Pay for Medical Marijuana?
February 21, 2020
In Hager v. M&K Construction, a New Jersey state appellate court recently affirmed a workers’ compensation judge’s order for an employer to reimburse a former employee for his use of medical marijuana for chronic pain following a work-related accident.
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EEOC Charges Reach Record Low
February 20, 2020
According to information recently released by the EEOC, a total of 72,675 charges were filed during Fiscal Year 2019. This is the fewest ever since the EEOC began releasing charge statistics in 1997.
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Ontario: "Creative Sentencing" for Corporations Convicted of OH&S Offences Arrives
February 19, 2020
An Ontario Court may have altered the legal landscape with respect to sentencing corporations convicted of offences under the Occupational Health and Safety Act (the “OHSA”).
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Illinois: A Not So Sweet Deal for Employers Seeking to Protect Trade Secrets Under the Inevitable Disclosure Doctrine
February 12, 2020
An Illinois appellate court recently clarified the outer limits of the controversial “inevitable disclosure doctrine” under the Illinois Trade Secrets Act.
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Medical Marijuana Creates Joint Employer
February 10, 2020
In a case of first impression, an employer was ordered to pay a medical marijuana prescription for an employee on workers’ compensation.
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