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

Jackson Lewis P.C. • November 14, 2018
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

XpertHR • November 14, 2018
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.

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

Fisher Phillips • November 14, 2018
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.

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

Littler Mendelson, P.C. • November 14, 2018
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.

Some Employers Will Have Workplace Rules Re-Evaluated By NLRB

Jackson Lewis P.C. • November 14, 2018
The National Labor Relations Board is affording dozens of employers the chance to have cases involving the legality of their workplace rules re-evaluated under a 2017 Board decision. The Board decision overruled Obama-era Board precedent that hampered employers’ ability to maintain workplace conduct rules without running afoul of the National Labor Relations Act. The Board’s new initiative, first reported by Bloomberg Law, involves remanding numerous cases that held against employers for reconsideration by NLRB administrative law judges.

Chicago City Council Creates Office of Labor Standards to Enforce Chicago’s Employment Ordinances

Littler Mendelson, P.C. • November 14, 2018
On October 31, 2018, the Chicago City Council unanimously approved the formation of the Office for Labor Standards (OLS).1 The new OLS was created to facilitate more rigorous enforcement of the city’s employment ordinances and to promote investigation into alleged violations. The law will go into effect on January 1, 2019.
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