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Moonlighting: The Indian Legal Perspective
September 25, 2022
Moonlighting has emerged as a frequent challenge for work-from-home employers in India in light of the nationwide lockdown, following an urgent need to ensure workplace safety.
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Retaliation Claims Can Drive You Nuts!
September 20, 2022
As many employers sadly know, those retaliation claims can be more problematic than a discrimination or harassment claim.
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CMS Legal's Expert Worldwide Guide on Discrimination in the Workplace
September 18, 2022
This CMS Expert Guide profiles a number of key jurisdictions worldwide, looking both at statutory requirements on employers to prevent discrimination and best practice.
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Wait – But the Disability Law Doesn’t Actually Say That!
September 14, 2022
Awhile back, I wrote a blog post about Washington, DC laws that were passed but not implemented. But we just ran into the opposite issue – apparently DC has implemented a law that doesn’t – technically – exist!
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Paid Leave Oregon – Volume 1: Is Pursuing an “Equivalent Plan” Right for Your Business?
September 12, 2022
Paid Leave Oregon, the brand name of the Oregon Family and Medical Leave Insurance (“FMLI”) program, is ready for its debut.
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Your Neutral Uniform Policy May Violate the NLRA
September 6, 2022
This case arose in the backdrop of a union organizing campaign, when Tesla employees first wore black cotton shirts at work, with the union’s campaign slogan, “Driving a Fair Future at Tesla” on the front and a larger logo with the slogan and “UAW” on the back.
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NLRB Issues Notice of Proposed Rulemaking on Joint-Employer Status
September 6, 2022
On September 6, 2022, the National Labor Relations Board issued a Notice of Proposed Rulemaking as to the legal standard for determining joint-employer status under the National Labor Relations Act.
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Eleventh Circuit Distinguishes “Service Charges” From “Tips” Under the FLSA
August 31, 2022
In Compere v. Nusret Miami, LLC, a case of first impression, the United States Court of Appeals for the Eleventh Circuit recently addressed the question of whether mandatory service charges imposed by restaurants are “tips” under the Fair Labor Standards Act.
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Employers – Be Prepared for More Union Apparel in the Workplace
August 31, 2022
On Monday, August 29, 2022, the National Labor Relations Board issued its first precedent-shifting decision under the Biden administration, which will have the effect of permitting more apparel with union insignia in the workplace.
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Massachusetts: Divided Appeals Court Makes Summary Judgment Even Less Likely for Employers
August 28, 2022
Getting an employment case dismissed before trial has always been pretty elusive in Massachusetts state courts, but if a recent ruling by a divided panel of the Appeals Court stands as written, it just became even more difficult.
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Employer’s Aggressive Tactics Allow Court to Deny Enforcement of Restrictive Covenant
August 24, 2022
Imagine that you have an employee that is leaving your company that has signed a non-competition and non-solicitation agreement. Now, let us imagine that same employee starts a business that not only directly competes with your business, but is taking clients from your business from the contacts he or she developed there.
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Pregnancy Accommodation Win for Wal-Mart Over the EEOC
August 23, 2022
The Seventh Circuit Court of Appeals affirmed the grant of summary judgment in favor of Wal-Mart Stores East, LP (“Wal-Mart”) regarding a lawsuit brought by the Equal Employment Opportunity Commission (“EEOC”) under Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act.
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