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Top 10 Things Employers Need To Know About Midterm Election Results

As many predicted, Democrats recaptured the House for the first time in eight years in yesterday’s midterm elections, while Republicans retained and strengthened their grip on the Senate. That will lead to a dynamic in Washington, D.C. that the Trump administration has yet to face: a fractured legislature and a tug-of-war at the federal level. What does this development mean for employers? Here are the top 10 things to expect in the labor and employment law arena given the results in yesterday’s historic elections.

5 Common Issues Multinational Employers May Encounter When Implementing Leave Policies

For the purposes of talent acquisition and retention, multinational employers with U.S. parental leave policies may wish to roll out the exact same policies at all locations. However, this can easily turn into a tale of “no good deed goes unpunished” because certain provisions may run afoul of local laws and customs or inadvertently grant additional benefits. Below are several common issues multinational employers may want to keep in mind when drafting parental leave policies, as well as steps they can take to harmonize policies globally.

For Employers, Inclement Weather Preparedness Includes Readying for Employee Questions on How Office Closures Affect Pay, Leaves of Absence, and More

Executive Summary: Winter Storm Avery may be on its way out, but the early winter weather is a reminder that employers should be prepared to address storm-related issues if they are required to close their businesses and as they prepare to resume normal operations. For example, employers need to determine whether closing the office means having to pay workers who stay home, being on the hook for unemployment compensation, and whether workers' compensation applies to weather-related injuries.

Google Changes Policies in Response to #MeToo Walkout

Google recently announced significant changes to its sexual harassment policies. The announcement came in response to a one-day walkout by employees around the world following a New York Times report that revealed Google had made payments at termination to employees accused of sexual harassment, including providing a $90 million exit package to an executive accused of sexual assault

Employers are Preparing Now to Tackle 2019's Newest Labor and Employment Laws

As 2018 draws to a close, employers are looking to the next wave of labor and employment laws and regulations that will take effect in 2019 and beyond. On January 1, and throughout the coming year, employers across the nation must address a host of new or amended federal, state, and/or local obligations. This article summarizes the laws and regulations taking effect in 2019 that will impact most employers, and highlights some anticipated activity in the coming months.

Sweetening The “Gig” – Tech Companies May Soon Offer Stock Options To Contractors

tock options, in large part, make some of the biggest public tech companies tick; a means of attracting top talent with the promise of big payouts down the road. In recent years, the gig economy has dominated the landscape in Silicon Valley and those lucky enough to land a job there have seen their personal fortunes grow overnight. Independent contractors, on the other hand – the pillars of the gig economy – have largely been left on the sidelines. That may soon change.

Tenth Circuit Rules that False Claims Act (FCA) Does Not Cover Post-Employment Retaliation

In a win for employers, the Tenth Circuit Court of Appeals recently held that “…the False Claims Act’s anti-retaliation provision unambiguously excludes relief for retaliatory acts occurring after the employee has left employment.” Potts v. Center for Excellence in Higher Education, Inc., No. 17-1143 (10th Cir. Nov. 6, 2018) (emphasis added).

DOL Withdraws "80/20 Rule" for Tipped Employees

The US Department of Labor (DOL) will no longer place limits on the amount of time that tipped employees spend performing duties - such as washing dishes or making coffee - that do not directly produce tips.

Voters in Three States Approve Marijuana Laws on Election Day [Missouri, Utah and Michigan]

Three states approved new marijuana laws on Election Day 2018. Voters approved medical marijuana laws in Missouri and Utah, while Michigan voters approved a recreational marijuana law.

Voters in Michigan, Missouri and Utah Expand Access to Marijuana

As has become common in recent years (and despite marijuana’s continued illegality under federal law), citizens in several states voted on marijuana-related measures this election cycle. Advocates in two states—Michigan and North Dakota1—placed initiatives on the ballot to legalize the recreational use of marijuana. Missouri and Utah voters, meanwhile, weighed proposals to allow marijuana for medicinal purposes. While measures succeeded in Michigan, Missouri and Utah, employers should bear in mind that none of these legalization efforts expressly change state employment law.
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