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.
Rhode Island: Employers Cannot Refuse to Hire Employees Because of Medical Marijuana Use
/in HR AlertsAPPLIES TO
All Employers with RI Employees
EFFECTIVE
May 23, 2017
QUESTIONS?
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(888) 378-2456
The Rhode Island Superior Court recently stated that employers cannot refuse to hire a prospective employee on the basis that the employee might fail a pre-employment drug screen due to medical marijuana use. This decision arose from Callaghan v. Darlington Fabrics Corporation and The Moore Company, in which the plaintiff complained that she was discriminated against for her lawful use of medical marijuana.
Texas: New Bill Amends Trade Secrets Statute, Aligning with the Defend Trade Secrets Act
/in HR AlertsAPPLIES TO
All Employers with TX Employees
EFFECTIVE
September 1, 2017
QUESTIONS?
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(888) 378-2456
House Bill 1995 amends the Texas Uniform Trade Secrets Act (“TUTSA”), bringing it into closer alignment with the federal Defend Trade Secrets Act (“DTSA”). The bill eliminates discrepancies between the TUTSA and DTSA’s definition of “trade secrets,” adds definitions for an “owner” of a trade secret, defines “willful and malicious appropriation” and “clear and convincing evidence” for the purpose of establishing willful and malicious appropriation, and further emphasizes what measures an organization must make in order to qualify information as a trade secret.
New York City: “Fair Work Week” Legislation Piles on New Employer Obligations for Scheduling
/in HR AlertsAPPLIES TO
All Employers with New York City, NY Employees
in Fast Food or Retail Industries
EFFECTIVE
November 26, 2017
QUESTIONS?
Contact HR On-Call
(888) 378-2456
July Updates
/in HR AlertsAPPLIES TO
Varies
EFFECTIVE
Varies
QUESTIONS?
Contact HR On-Call
(888) 378-2456
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U.S. Dept. of Labor Withdraws Guidance on Independent Contractors and Joint Employment
/in HR AlertsAPPLIES TO
All Employers
EFFECTIVE
June 7, 2017
QUESTIONS?
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(888) 378-2456
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
/in HR AlertsAPPLIES TO
All Employers
EFFECTIVE
April 27, May 31, and July1, 2017, respectively
QUESTIONS?
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(888) 378-2456
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U.S. Supreme Court: Individual States Cannot Treat Arbitration Agreements Different From Contracts
/in HR AlertsAPPLIES TO
All States
EFFECTIVE
May 15, 2017
QUESTIONS?
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(888) 378-2456
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
/in HR AlertsAPPLIES TO
All Employers with AR, IO, MN, MO, NE,
ND, and SD Employees who operate vehicles
EFFECTIVE
May 10, 2017
QUESTIONS?
Contact HR On-Call
(888) 378-2456
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
/in HR AlertsAPPLIES TO
All Employers with CA Employees
EFFECTIVE
July 1, 2017
QUESTIONS?
Contact HR On-Call
(888) 378-2456
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.
Read more
California: Supreme Court Spells Out “Day of Rest” Rules
/in HR AlertsAPPLIES TO
All Employers with CA Employees
EFFECTIVE
May 18, 2017
QUESTIONS?
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(888) 378-2456
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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