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Minimizing Employers’ Holiday Party Risks: Don’t Be Left Out in the Cold

XpertHR • November 20, 2017
With holiday season almost here, workplace holiday parties are also coming soon. These parties are often a good idea to encourage camaraderie among employees and managers and thank your workforce for a job well done. However, a festive and happy celebration can carry a great deal of risk for employers as well. From claims of religious discrimination to sexual harassment to risks of drunk driving, if an employer is not careful things can turn sour in a hurry.

Salary History Bans Continue as Big 2017 Employment Trend

XpertHR • November 20, 2017
Employers may want to think twice before asking job applicants about their current or past salaries. Nine jurisdictions have passed laws banning or restricting such questions, most of them doing so in 2017. And the trend appears certain to continue in the coming year.

US Employers Hiring In Canada – The Basics Part I: Good Bye Employment At-Will; Hello Entitlements

Fisher Phillips • November 20, 2017
Fisher Phillips’ International Employment Practice Group routinely counsels employers that are planning to move into the Canadian employment market (or have done so already without the requisite due diligence). In these situations, we often find that even seasoned US HR Professionals are taken aback by the stark differences between the employment law regimes in the US and Canada. Accordingly, in this blog series, we will address at a high level some of the basic differences that employers should be aware of before hiring employees in Canada.

Salary-Threshold Autopilot Still Possible

Fisher Phillips • November 20, 2017
A BloombergBNA report suggests that the U.S. Department of Labor is seriously considering retaining the Obama Administration's procedure (or something like it) for automatic "updates" to the compensation thresholds specified in the federal Fair Labor Standards Act's Section 13(a)(1) exemption regulations. Apparently, U.S. Labor Secretary Acosta recently revealed this in closed-door remarks to the U.S. Chamber of Commerce.

Who’s Really Driving The Gig Train: the Young or the More “Mature”? How About Both?

Fisher Phillips • November 20, 2017
I couldn’t help but be struck by two recent headlines which appeared to stand diametrically opposed in answering the question of who is driving the gig economy.

Elder Abuse: Are Granny Cams a Solution, a Compliance Burden, or Both?

Jackson Lewis P.C. • November 20, 2017
In Minnesota, 97% of the 25,226 allegations of elder abuse (neglect, physical abuse, unexplained serious injuries and thefts) in state-licensed senior facilities in 2016 were never investigated.

OSHA Further Delays Deadline Regarding Crane Operator Certification to 2018

Goldberg Segalla LLP • November 20, 2017
On November 9, 2017, OSHA published a Final Rule further extending by one year the employer duty to ensure the competency of crane operators involved in construction work. Previously, this duty was scheduled to terminate on November 10, 2017, but is now extended to November 10, 2018. OSHA is also further extending the deadline for crane operator certification for one year to November 10, 2018.

New York City Expands Paid Sick Leave Law

XpertHR • November 20, 2017
New York City has expanded its paid sick leave law so that employees may take "safe time" when they or a family member are the victim of domestic violence, sexual assault, human trafficking or stalking. The Earned Sick and Safe Time Act does not change the total amount of leave an employee may take - no less than 40 hours per year - but expands the reasons for which they may use the leave.

City of Santa Monica Minimum Paid Sick Leave Accrual Limits to Increase January 1, 2018

Jackson Lewis P.C. • November 20, 2017
The grace period is over. Effective January 1, 2018, the City of Santa Monica’s minimum cap on accrued sick leave for eligible employees will increase from 40 to 72 hours for businesses with 26 or more employees. The accrual-cap for businesses with 25 or fewer employees will increase from 32 to 40 hours.

New Jersey Bill Seeks to Significantly Restrict the Use and Enforceability of Non-Compete Agreements

Ogletree Deakins • November 20, 2017
On November 9, 2017, the New Jersey Senate introduced Senate Bill 3518, which would drastically limit an employer’s ability to enter into, and subsequently enforce, restrictive covenants (or “non-compete” agreements) with employees. The bill would also impose certain notice and monetary obligations on employers that seek to enforce restrictive covenants against their former employees. If passed, Senate Bill 3518 will have a dramatic impact on a New Jersey employer’s ability to protect its legitimate business interests and prevent unfair competition by former employees.

Puerto Rico Treasury Department Issues Post-Hurricane Rules for Qualified Retirement Plan and IRA Distributions and Loans

Littler Mendelson, P.C. • November 20, 2017
On November 15, 2017, the Puerto Rico Department of the Treasury (the "PR Treasury") issued Administrative Determination Number 17-29 ("AD 17-29") to provide special rules and procedures applicable to distributions from qualified retirement plans and individual retirement accounts ("IRAs") following Hurricane María.

Non-Compete News: Georgia Court of Appeals Confirms Lack of Geographic or Material Contact Limitation Does Not Invalidate Non-Solicitation of Employees Covenant

FordHarrison LLP • November 20, 2017
Executive Summary: Georgia’s recent Restrictive Covenant Act, enacted in 2011, does not directly address non-solicitation of employees a/k/a non-recruitment covenants, thereby leaving such provisions subject to the principles developed by courts through “common law” (i.e. case law). Because Georgia common law is not well developed on the requirements of employee non-solicitation covenants, employers often second guess the enforceability of such covenants. Fortunately, the Georgia Court of Appeals recently provided some clarification on these covenants in CMGRP, Inc. v. Gallant, No. A17A1168 (Ga. Ct. App. Oct. 4, 2017), where it made clear that non-solicitation of employees covenants do not require geographic or material contact limitations to be enforceable.
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