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APPLIES TO All Employers with NV Employees |
EFFECTIVE May 25, 2017 |
QUESTIONS? Contact HR On-Call |
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.
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APPLIES TO All Employers with NV Employees |
EFFECTIVE June 3, 2017 |
QUESTIONS? Contact HR On-Call |
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.
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APPLIES TO All Employers with RI Employees |
EFFECTIVE May 23, 2017 |
QUESTIONS? Contact HR On-Call |
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.
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APPLIES TO All Employers with TX Employees |
EFFECTIVE September 1, 2017 |
QUESTIONS? Contact HR On-Call |
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.
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APPLIES TO All Employers with New York City, NY Employees in Fast Food or Retail Industries |
EFFECTIVE November 26, 2017 |
QUESTIONS? Contact HR On-Call |
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APPLIES TO Varies |
EFFECTIVE Varies |
QUESTIONS? Contact HR On-Call (888) 378-2456 |
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APPLIES TO All Employers |
EFFECTIVE June 7, 2017 |
QUESTIONS? Contact HR On-Call |
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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APPLIES TO All Employers |
EFFECTIVE April 27, May 31, and July1, 2017, respectively |
QUESTIONS? Contact HR On-Call |
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APPLIES TO All States |
EFFECTIVE May 15, 2017 |
QUESTIONS? Contact HR On-Call |
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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APPLIES TO All Employers with AR, IO, MN, MO, NE, |
EFFECTIVE May 10, 2017 |
QUESTIONS? Contact HR On-Call |
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.