California continues to lead the nation in offering protections for transgender individuals. On July 1, 2017, a new set of regulations expanding existing protections under the Fair Employment and Housing Act (“FEHA”) go into effect, addressing an individual’s right to gender expression, equal access to facilities, and more.
New York City: “Fair Work Week” Legislation Piles on New Employer Obligations for Scheduling
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All Employers with New York City, NY Employees
in Fast Food or Retail Industries
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November 26, 2017
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July Updates
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Varies
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Varies
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U.S. Dept. of Labor Withdraws Guidance on Independent Contractors and Joint Employment
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June 7, 2017
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On June 7, 2017, in a somewhat surprising turn of events, the U.S. Secretary of Labor withdrew the Department’s previously issued informal guidance on independent contractors and joint employment. The Department’s announcement stated that:
“Removal of the administrator interpretations does not change the legal responsibilities of employers under the Fair Labor Standards Act and the Migrant and Seasonal Agricultural Worker Protection Act, as reflected in the department’s long standing regulations and case law.”
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OSHA Updates: Recordkeeping Rule Delayed; VEVRAA Benchmark; Revocation of Interpretation Letter
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April 27, May 31, and July1, 2017, respectively
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U.S. Supreme Court: Individual States Cannot Treat Arbitration Agreements Different From Contracts
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May 15, 2017
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The U.S. Supreme Court has reaffirmed its strong support of the Federal Arbitration Act (“FAA”) by remanding a recent Kentucky Supreme Court decision that targeted arbitration agreements. The U.S. Supreme Court stated that the FAA requires all states to treat arbitration and other types of contract agreements equally, and any state regulations that disfavor or discriminate against arbitration are invalid under the FAA.
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Eighth Circuit: Overtime Eligibility for Van Drivers Determined by Present Configuration of Vehicle, Not Original Manufacture
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All Employers with AR, IO, MN, MO, NE,
ND, and SD Employees who operate vehicles
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May 10, 2017
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In LaCurtis v. Express Medical Transporters, Inc., the Eighth Circuit determined that the present design and configuration of a vehicle, rather than its original manufacture capacity, determines the vehicle driver’s eligibility for overtime pay through the Motor Carrier Act exemption of the Fair Labor Standards Act.
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California: Adds New Workplace Protections for Transgender Individuals
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July 1, 2017
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California continues to lead the nation in offering protections for transgender individuals. On July 1, 2017, a new set of regulations expanding existing protections under the Fair Employment and Housing Act (“FEHA”) go into effect, addressing an individual’s right to gender expression, equal access to facilities, and more.
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California: Supreme Court Spells Out “Day of Rest” Rules
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May 18, 2017
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In Mendoza v. Nordstrom, the California Supreme Court clarified the application of the “day of rest” rule as set forth by the California Labor Code. Generally, employers cannot require employees to work more than six days in a seven-day workweek, unless the employee’s working hours do not exceed 30 hours in one workweek or six hours in any one day. The California Supreme Court provided guidance on the finer operational points of this “day of rest” rule, summarized below.
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California: Voluntarily Resigning in an “Altered Mental State” is Not a Disability Protected from Discrimination
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April 19, 2017
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The Second District Court of Appeals in California recently determined that an employer’s refusal to allow an employee to rescind her own voluntary resignation is not a valid basis for a disability discrimination lawsuit, even though the employee allegedly tendered her resignation in an “altered mental state.”
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California: Genetic Causes May be Considered in Apportioning Liability for Work Injuries
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April 26, 2017
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On April 26, 2017, the California Third District Court of Appeal stated that genetic causes, including inherited predispositions, may be considered in medical evaluations to apportion the employer’s share of liability for work-related injuries. This builds further upon the current standard for workers’ compensation injuries in which employers must compensate workers only for the portion of a disability caused by a work-related injury.