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DOL Proposes Rule to Make Bonus and Incentive Pay Compatible With Fluctuating Workweek
November 5, 2019
On November 5, 2019, the U.S. Department of Labor published a proposed rule that would make it easier for some employers to apply the “Fluctuating Workweek” method of calculating overtime pay for certain non-exempt employees.
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UAW – GM Strike: Winners and Losers
November 4, 2019
So why did the strike occur among highly paid UAW employees and a highly profitable General Motors?
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Distracted Driving Disturbs OSHA
November 1, 2019
OSHA has increased its focus on employer accountability for employee distracted driving, regardless of whether the employee is driving a personal vehicle or a company vehicle.
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EEOC Increases Harassment and ADA Litigation
November 1, 2019
September 30 concluded Fiscal Year 2019 for the federal government. According to our monthly and year to date analysis of EEOC lawsuits, the EEOC filed 112 lawsuits during FY 2019, down from 154 during FY 2018. Harassment lawsuits increased to 31.1% of all lawsuits filed during FY 2019, compared to 22.7% for FY 2018.
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What Does the EEOC Think About Religious Accommodations? It’s Spooky!
October 31, 2019
In its latest edition of the Digest of EEO Law, the EEOC included an article entitled, “Religious Accommodation in the Workplace: An Overview of the Law and Recent Commission Decisions.” It provides guidance to private employers on the EEOC’s overall position on religious accommodations – and (just in time for Halloween) the conclusions are a little scary!
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Illinois Supreme Court Will Opine on District’s Ability to Restrict Sick Leave
October 24, 2019
Last month, the Illinois Supreme Court granted a petition for leave to appeal the Illinois Appellate Court’s decision in Dynak v. Board of Education of Wooddale School District 7, 2019 IL App (2d) 180551, which held that a school district may restrict a request to use sick leave for the birth a child pursuant to Section 24-6 of the Illinois School Code when a teacher’s use of the leave would be interrupted by the summer break.
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New York Employees Entitled to up to Three Hours of Paid Time Off to Vote
October 21, 2019
In April 2019, the New York State Legislature amended New York Election Law § 3-110 to provide employees with up to three hours of working time without loss of pay to vote in any election, provided they are registered voters.
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Executive Rules of Etiquette for RIFs
October 18, 2019
By now most everyone has heard about the travails of WeWork arising from the swift downfall of founder Adam Neumann.
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Nevada Labor Commissioner Issues Advisory Opinion On New Paid Leave Law – Senate Bill 312
October 17, 2019
On October 4, 2019, the Nevada Labor Commissioner issued an Advisory Opinion on Nevada’s new paid leave law, seeking to provide “as much as guidance as possible on SB 312.” The new law becomes effective on January 1, 2020.
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Nevada Supreme Court Issues Decision On Wrongful Termination Claims
October 17, 2019
                  In Nevada, a wrongful termination claim provides a former employee with a legal remedy if she is terminated because she engaged in behavior that is protected by public policy, such as seeking workers' compensation benefits, performing jury duty, or refusing to violate the law.
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Minneapolis Wage Theft Ordinance Imposes New Burdens On Employers Even Employers Without Facilities in Minneapolis
October 15, 2019
We have previously alerted you to new obligations on employers as a result of the Wage Theft Law that went into effect earlier this year.  Employers also must keep in mind the requirements of a Minneapolis ordinance that goes into effect on January 1, 2020.
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Unfettered Free Speech or Profane Outbursts? NLRB Invites Input to Determine Scope of Section 7 Protection
October 11, 2019
The National Labor Relations Board is inviting input “to aid the Board in reconsidering the standards for determining whether profane outbursts and offensive statements of a racial or sexual nature, made in the course of otherwise protected activity” should lose the protection of Section 7 of the National Labor Relations Act.
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