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Labor Board: Unions Waived Right to Bargain Over Changes to Retiree Medical Benefits

Jackson Lewis P.C. • October 15, 2019
The National Labor Relations Board (NLRB) has held that an employer did not violate the National Labor Relations Act (NLRA) when it unilaterally changed retirees’ medical benefits without first negotiating with the unions that represented its employees. E.I. Du Pont De Nemours and Co., 368 NLRB No. 48 (Sept. 4, 2019).

Sparked by US Women’s Soccer Team, 5 Steps Employers Can Take to Promote Equal Pay

XpertHR • October 15, 2019
The US Women’s National Soccer team (USWNT) became back-to-back FIFA Women’s World Cup winners this summer with their impressive run in the 2019 tournament in France. The players generated headlines both on and off the field for their swagger, their domination of other teams and their continuing fight for equal pay.

Today’s Affinity Groups: Risks and Rewards

Littler Mendelson, P.C. • October 15, 2019
Affinity groups, also known as employee resource groups (ERGs), bring together employees with similar backgrounds or interests and can have a powerful influence in the workplace.

Third-Party Harassment and Discrimination: The Customer Isn’t Always Right

Jackson Lewis P.C. • October 15, 2019
As fiscal year 2019 ends for the Equal Employment Opportunity Commission (EEOC), it has announced it is pursuing several new discrimination suits, including one alleging a casino failed to protect female staffers from sexual harassment by patrons.

Takeaways for College, University, and K-12 Leaders from Recent Harvard Race Discrimination Decision

Franczek Radelet P.C • October 15, 2019
On October 1, a federal trial court in Massachusetts upheld Harvard University’s use of race in its admissions process against a challenge that the policy discriminates against Asian-American students on the basis of race. The decision followed a long line of U.S. Supreme Court cases holding that colleges and universities may use race as a “plus factor” among many in admissions decisions.

California Prohibits Most “No Rehire” Provisions in Settlement Agreements

Ogletree Deakins • October 15, 2019
Employment litigation settlement agreements often include a mutually negotiated “no-rehire” provision by which the departing employee agrees not to seek employment with the company in the future. A recently enacted California law will require companies to refrain from including such provisions in most instances.

New California Law Mandates Enhanced Lactation Accommodations and Significant New Penalties for Employer Non-Compliance

Jackson Lewis P.C. • October 15, 2019
A new California law, Senate Bill 142 (“SB 142”), effective January 1, 2020, expands on existing Labor Code requirements for employee lactation accommodations and provides significant new consequences to employers for non-compliance. Under pre-existing law (Cal. Labor Code 1030 et seq.), employers were required to make reasonable efforts to provide a private location, other than a bathroom, in close proximity to the employee’s work area, for employees to express milk in private and to provide reasonable break time to express milk.

California Expands “Red Flag” Law To Permit Gun Violence Restraining Orders In Workplaces And Schools

Fisher Phillips • October 15, 2019
Mass shootings have become a tragic reality in the United States. Recent years have witnessed a number of high-profile incidents at schools, workplaces, churches, and other public places. While the country remains deeply divided about the cause of such incidents and how to prevent them, there has been significant bipartisan discussion, at both the national and state levels, about so-called “red flag” laws as a potential tool to combat gun violence.

New California Law Attacks Mandatory Arbitration Again ... But Is It More Bark Than Bite?

Jackson Lewis P.C. • October 15, 2019
California has joined a number of states in passing legislation purporting to prohibit mandatory arbitration agreements for sexual harassment and other claims. Such laws have gained popularity in the wake of the #MeToo movement, but are subject to challenge under Federal Arbitration Act (FAA) preemption principles.
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