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.
U.S. Supreme Court: Individual States Cannot Treat Arbitration Agreements Different From Contracts
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All States
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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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All Employers with CA Employees
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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.
Georgia: New Kin Care Law; New Bill Protects On-Call Scheduling Practices
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All Employers with GA Employees
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July 1, 2017
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Governor Nathan Deal recently signed two bills affecting employers of Georgia employees. H.B. 243 is an employer-friendly bill addressing on-call scheduling practices, whereas S.B. 201 introduces kin care protections for employers that offer paid sick leave. Both will become effective on July 1, 2017.
Indiana: State Supreme Court Says Subcontractor’s Employees are Owed a “Duty of Care”
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All Employers with IN Employees
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April 26, 2017
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In the aftermath of Ryan v. TCI Architects/Engineers/Contractors, et al., Indiana employers should review their standard operating contracts and subcontracts to determine if they have an unexpected “duty of care” to workers of other entities. The Indiana Supreme Court’s ruling in this case determined that certain language in a general contractor’s form contract extended a duty of care to a sub-subcontractor, despite the general contractor’s arguments otherwise.
Missouri: State Human Rights Act Soon to be Amended
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Expected August 28, 2017
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On May 9, 2017, a bill seeking to amend the Missouri Human Rights Act (“MHRA”) passed the Missouri legislature and is now headed to Governor Greiten’s desk where it is expected to be signed into law. If enacted, Senate Bill 43 would implement significant changes to several employment regulations, and would go into effect on August 28, 2017. Highlights of these changes include:
Nevada: Workplace Protections, New Notice Requirements for Pregnancy-Related Conditions
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All Employers of 15+ NV Employees
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June 2, 2017 and October 1, 2017
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