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An Epic Checklist: What to Consider When Adopting Class Action Waivers in Employment Arbitration Agreements

Ogletree Deakins • July 17, 2018
In Epic Systems Corporation v. Lewis, the Supreme Court of the United States held that class action waiver in an employment arbitration agreement are enforceable. Yet, arbitration agreements containing such waivers may still be challenged on a variety of grounds. The law in this area is often unsettled or unclear and changes frequently. The following checklist identifies key issues employers may want to consider when adopting a class action waiver in an employment arbitration agreement. In adopting a class action waiver in an employment arbitration agreement, an employer may want to consider the following:

Should Public Employers Consider Issuing a Janus Notice Where a Checkoff Clause is Contained in a CBA?

Ogletree Deakins • July 17, 2018
As of the Supreme Court’s recent decision in Janus v. American Federation of State, County, and Municipal Employees, Council 31, state laws requiring public sector collective bargaining agreements to contain agency shop clauses that compel the discharge of employees for refusing to provide financial support to unions are deemed to violate the First Amendment.

NLRB Expands Its Alternative Dispute Resolution Program

Jackson Lewis P.C. • July 17, 2018
The National Labor Relations Board has announced it will begin a pilot program to encourage parties to use its Alternative Dispute Resolution program.

The Latest Buzz: New Jersey Employer Must Reimburse Injured Employee for Cost of Medical Marijuana

FordHarrison LLP • July 17, 2018
Executive Summary: Rejecting Freehold Township’s claim the entire case was barred by the federal Controlled Substances Act (CSA), a workers’ compensation judge ruled the municipality must reimburse its employee for the cost of medical marijuana to treat his work-related injury. This contrasts with a recent decision from Maine’s highest court, which held that compliance with an administrative order compelling an employer to subsidize an employee’s use of medical marijuana constitutes aiding and abetting, which is a violation of the CSA.

Major Changes Proposed to Pennsylvania’s Overtime Rules

Ogletree Deakins • July 17, 2018
Employers with operations in Pennsylvania may want to take note of significant changes in the pipeline to the state’s wage and hour rules. Specifically, on June 23, 2018, the Pennsylvania Department of Labor and Industry (PA DLI) published proposed rulemaking containing drastic changes to some of the state’s white collar exemptions to the Pennsylvania Minimum Wage Act (PMWA).

Federal Judge Determines that California’s Immigration Law Goes Too Far

Ogletree Deakins • July 17, 2018
A federal district judge in California issued a preliminary injunction preventing the State of California from enforcing certain provisions of Assembly Bill (AB) 450, a state statute that, among other things, prohibits private employers from cooperating with federal immigration enforcement agencies in the absence of a judicial warrant or a subpoena. The law, which is also known as the Immigrant Worker Protection Act, went into effect on January 1, 2018. The U.S. Department of Justice (DOJ) filed a lawsuit in March 2018, alleging that AB 450, and two other California immigration statutes, preempt federal law and interfere with the government’s ability to carry out its duties.

6 FAQs on California’s Meal and Rest Break Rules

Ogletree Deakins • July 17, 2018
California’s meal and rest break rules are extremely technical and nuanced—and a failure to properly comply with them can result in penalties. Here are answers to six frequently asked questions (FAQs) regarding compliance with this intricate area of California labor and employment law.

Illinois Jury Rejects Transgender Worker’s Discrimination Claim

Jackson Lewis P.C. • July 17, 2018
A federal jury in Illinois has rejected a transgender employee’s claim that she was discriminated against and illegally fired after she told her employer that she was transitioning.
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