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DOL Withdraws Guidance Documents on Joint Employment and Independent Contractor Status
June 7, 2017
The Trump administration continues to roll back the anti-business positions asserted by various federal agencies under the Obama administration, as most recently evidenced by the Department of Labor’s June 7, 2017 withdrawal of two Administrator Interpretations on joint employment and independent contractor status.
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Ready, Set, Go…Write or Update Those Job Descriptions Now!
June 6, 2017
In August 2016, Massachusetts Governor Charlie Baker signed a new law strengthening pay equity in the Commonwealth.  Under the new law, which goes into effect on July 1, 2018, pay differences between persons performing “comparable work” will be acceptable only if based upon one of the following factors: (1) a seniority system; (2) a merit system; (3) a per unit or sales compensation scheme; (4) geographic location of the job; (5) education, training and experience; or (6) the amount of travel required.
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Take Your Dog to Work Day!
June 1, 2017
Take Your Dog to Work Day (TYDTWDay) was created by Pet Sitters International (PSI) “to celebrate the great companions dog make and promote their adoptions.” It takes place annually on the Friday after Father’s Day; this year it will be celebrated on June 23.
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Termination Because Of Medical Marijuana Cardholder Status Is Unlawful
May 31, 2017
Implications for employers everywhere. We believe the court’s decision will be overturned on appeal.  Nevertheless, there are a number of aspects of it that are relevant for employers in any state with legalized marijuana.
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​(Fictional) Mailbag: What Do Dinosaurs Have To Do With Age Discrimination?
May 26, 2017
Turning to the (fictional) mailbag, we have a letter from Sam who works for a social media start-up.  She is concerned about potential liability for age discrimination flowing from the owner’s regular complaints about employing “dinosaurs.”
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“Go Back to Your Country” Is Not Evidence of National Origin Discrimination?
May 25, 2017
I am a die-hard management-side attorney. Typically, I cheer on federal courts that rule in favor of employers – but there are the rare occasions where I think the court gets it unquestionably, unutterably wrong.
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Round and Round and Round We Go, Where the Health Care Bill Will End Up...Nobody Seems to Know!
May 25, 2017
On May 4, 2017, the U.S. House of Representatives finally voted on and passed the much debated  American  Health  Care Act, H.R. 1628 (“AHCA”). The next step, of course, is for the Senate to consider the bill, but one thing appears to be certain – vast changes to the current bill are expected.
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EEOC Pursues Obama Administration Agenda
May 25, 2017
Assumptions that the EEOC under a Republican administration will be more favorable to business than under a Democratic administration are not necessarily correct.
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I-9 Compliance: Will You Recognize Redesigned Green Card and Employment Authorization Documents?
May 23, 2017
Since January 22, 2017, employers have been required to use the new Form I-9 to verify the identity and employment authorization of individuals hired for U.S. employment.  Employers should be aware of additional changes that may impact the verification process. 
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Senate Votes to Revoke Department of Labor Guidance on State-Run Retirement Plans for Private Sector Employees
May 18, 2017
In yet another move to roll-back regulatory guidance issued during the Obama administration, earlier this month the U.S. Senate voted to revoke a final rule and associated interpretive guidance that the Department of Labor issued in 2016 that would have made it easier for states to set up state-sponsored retirement plans for private sector employees.
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HR Lessons from the Comey Termination
May 18, 2017
Whether you live in a blue state, red state, or just in the state of denial, you surely have heard by now about President Trump’s firing of FBI Director James Comey.
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Seventh Circuit Court Determines That Title VII Covers Sexual Orientation Discrimination
May 16, 2017
In what many are calling a landmark decision, the Seventh Circuit Court of Appeals recently determined that Title VII of the Civil Rights Act bars discrimination on the basis of sexual orientation.
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