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Passage of Small Business Efficiency Act Gives Professional Employer Organizations Federal Certainty

Jackson Lewis P.C. • December 18, 2014
In a historic day for professional employer organizations (“PEO”) and the National Association of Professional Employer Organizations (“NAPEO”), Congress passed the Small Business Efficiency Act (“SBEA”) on December 16, 2014, bringing federal legislative certainty to the PEO industry as to the services offered by PEOs, including payment of wages, payroll tax collection authority, and other critical employment-related responsibilities. President Barack Obama is expected to sign the bill.

2014 Employment and Labor Law Final Exam Answer Key

Nexsen Pruet • December 18, 2014
Thank you to everyone who participated in this year’s Employment and Labor Law Final Exam. We hope the exam was challenging and informative. Congratulations to Margi Fleming and Danisha Sheppard. Both Margi and Danisha will receive an awesome prize for their perfect scores.

Court Affirms Spoliation Sanctions for Plaintiff's Destruction of Facebook Social Media Content

Littler Mendelson, P.C. • December 18, 2014
In Painter v. Atwood, No. 2:12–CV–1215 JCM (NJK), 2014 WL 3611636 (D. Nev. July 21, 2014), U.S. District Judge James C. Mahan affirmed Magistrate Judge Nancy Koppe's order granting spoliation sanctions following the plaintiff’s destruction of social media evidence. Because the plaintiff did not dispute a defense witness’s declaration that the plaintiff had failed to produce favorable Facebook posts, the magistrate issued an adverse inference instruction that the “destroyed evidence” was “detrimental to Plaintiff’s claims.” The District Court found no error in this sanction.

San Francisco's OLSE Issues "FAQs" On Fair Chance Ordinance

Littler Mendelson, P.C. • December 18, 2014
Starting on August 13, 2014, employers doing business in the City of San Francisco, California have had to comply with sweeping amendments to San Francisco Police Code, Article 49, and Administrative Code, Article 12 ("the amendments," "the ordinances" or the "FCO"), which significantly restrict the ability of covered employers to inquire into, and use, criminal records for hiring and other employment purposes. The scope of the amendments far exceeds the breadth of any of the other so-called "ban-the-box" laws.

Puerto Rico: Important Updates and Upcoming Deadlines Concerning Employee Benefits

Littler Mendelson, P.C. • December 18, 2014
In this blog post, we discuss important updates, including upcoming deadlines, with respect to employee benefits impacting plan sponsors.

Minnesota Court Overturns 20 Years of Precedent to Extend Whistleblower Statute of Limitations to Six Years

Littler Mendelson, P.C. • December 18, 2014
On December 15, 2014, the Minnesota Court of Appeals extended the statute of limitations for Minnesota Whistleblower Act (MWA) claims from two to six years. In Ford v. Minneapolis Public Schools,1 the court overturned 20 years of precedent2 and held that because the claim was created by statute, recent Minnesota Supreme Court case law3 dictates that the longer six-year limitations period applies. Unless and until the Minnesota Supreme Court considers the issue, this will become the latest expansion of employee rights under the MWA in the past two years.
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