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ERISA-Exempt Governmental Plan Withstands Putative Class Action Challenge

Ogletree Deakins • October 16, 2019
Late last year, we wrote about Shore v. The Charlotte-Mecklenburg Hospital Authority, et al., in which former Atrium Health employees filed a putative class action in the U.S. District Court for the Middle District of North Carolina under the Employee Retirement Income Security Act of 1974 (ERISA).

Department of Labor Announces Notice of Proposed Rulemaking to Expand Tip Pooling Practices for Employers

Nexsen Pruet • October 16, 2019
Last week, our firm hosted a webinar on recent developments in federal wage and hour law compliance as part of Nexsen Pruet’s Employment Law Certificate Series. The topic proved to be very timely as the U.S. Department of Labor (DOL) has been busy over the past few weeks.

What Employers Can Learn From Major League To Avoid Big League Problems

Fisher Phillips • October 16, 2019
The iconic sports movie, Major League, premiered 30 years ago. Three decades later, nearly everyone remembers the classic comedic scenes with characters such as Ricky “Wild Thing” Vaughn (Charlie Sheen), Jake Taylor (Tom Berenger), Willie Mayes Hayes (Wesley Snipes), and Pedro Cerrano (Dennis Haysbert).

California Amends CCPA, Imposing Fewer Requirements on Employee Data Prior to January 1, 2020

Ogletree Deakins • October 16, 2019
On October 11, 2019, Governor Gavin Newsom signed into law Assembly Bill (AB) 25, which amends the California Consumer Privacy Act of 2018 (CCPA). AB 25 seeks to ease the pain for employers struggling to comply with the CCPA, which goes into effect on January 1, 2020.

Prepping for the Polls: What Employers Need to Know as New Yorkers Get Ready to Vote

Ogletree Deakins • October 16, 2019
As we approach the November 2019 elections, New York employers may want to keep in mind the state’s recently amended Election Law, which entitles employees to time off to vote. Since April 2019, all employers have been required to provide their New York employees who are registered voters with up to three hours of time off to vote without loss of pay. The time off to vote must be given at the beginning or end of an employee’s working hours, unless the employer and employee agree otherwise. An eligible employee seeking to take such time off must notify his or her employer at least two working days before the election.

New California Law Prohibits Most Mandatory Arbitration Agreements—For Now

Fisher Phillips • October 16, 2019
Under a new law just signed into effect by the California Governor and set to take effect on January 1, 2020, employers will no longer be able to compel workers into arbitration for state discrimination claims or those brought under the Labor Code.

Ground Shifts Under California Employers As Governor Signs Flurry Of Significant Legislation

Fisher Phillips • October 16, 2019
First-year Governor Gavin Newsom signed some significant pieces of legislation in recent days that will impact employers across California – ranging from a ban on mandatory arbitration agreements, to a complete rewrite to the rules for the use of independent contractors, to a general prohibition on “no-rehire” clauses in settlement agreements. This legal alert highlights the top employment legislation signed into law, including several signed in the last few days leading up to yesterday’s deadline for bills to be signed or vetoed. It also includes links to much deeper dives into these specific measures. California employers will want to read each of these articles closely.

Littler Global Guide - Puerto Rico - Q3 2019

Littler Mendelson, P.C. • October 16, 2019
Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

California Appellate Court Applies Dynamex Retroactively

FordHarrison LLP • October 16, 2019
Introduction: For a little over a year, California employers and courts have been wrestling with the impact of Dynamex Operations West, Inc. v. Superior Court, 4 Cal.5th 903 (2018), which dramatically altered the independent contractor landscape in the Golden State last year. Dynamex upended a long-standing multi-factor test which had been applied to determine if a worker was an employee or an independent contractor, ushering in the new “ABC test.” One of the main unresolved questions left in the wake of Dynamex was whether the new “ABC test” applies retroactively.
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