Previously, the Nevada Supreme Court declared that overly broad non-compete agreements will be wholly unenforceable, meaning agreements containing overly restrictive provisions beyond what is needed to protect an employer’s interest will be void in total. The Supreme Court stated that “blue penciling,” or modify parts of an agreement to make it enforceable, would not be allowed.
Sixth Circuit: Arbitration Provisions Prohibiting Concerted Protected Activity are Unenforceable
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May 26, 2017
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In National Labor Relations Board v. Alternative Entertainment, Inc., the Sixth Circuit court joined the Seventh and Ninth circuits in holding that mandatory arbitration provisions that contain class action waivers are unenforceable under the National Labor Relations Act (“NLRA”). The Second, Fifth, and Eighth circuit courts took the opposite opinion.
Oregon: New Oregon Equal Pay Act of 2017 Takes Aim at Pay Inequality
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October 6, 2017 and January 1, 2019*
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Similar to California’s expansion of equal pay protections early this year, the Oregon Equal Pay Act of 2017 (the “Act”) now further restricts an employer’s ability to seek past salary history as part of a nationwide trend of targeting discriminatory pay practices. Specifically, the Act expands upon existing Oregon pay equality provisions by rewording policy language to require equal pay between “protected classes,” rather than simply indicate equal pay between “the sexes.”
Nevada: Employers May Use Fluctuating Workweek to Compensate Certain Employees
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May 25, 2017
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The Nevada Labor Commission recently issued an Advisory Opinion regarding the fluctuating workweek (“FWW”) method of pay. The Opinion states that employers can use FWW to pay overtime hours worked in excess of 40 hours per week by a non-exempt employee who is paid a fixed-salary for all hours worked.
Nevada: Rules for Restrictive Non-Compete Agreements Change Again
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June 3, 2017
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Previously, the Nevada Supreme Court declared that overly broad non-compete agreements will be wholly unenforceable, meaning agreements containing overly restrictive provisions beyond what is needed to protect an employer’s interest will be void in total. The Supreme Court stated that “blue penciling,” or modify parts of an agreement to make it enforceable, would not be allowed.
Rhode Island: Employers Cannot Refuse to Hire Employees Because of Medical Marijuana Use
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May 23, 2017
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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
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September 1, 2017
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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
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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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