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Beware of Age Discrimination When Recruiting in the Facebook Age

XpertHR • February 23, 2018
Employers are increasingly using social media as a recruiting tool to reach job candidates. However, while platforms like Facebook and LinkedIn may be a good way to find potential new superstar employees, employers need to be careful to avoid age discrimination claims, as several large employers recently learned.

House Takes a Step to Curb ADA Title III Lawsuits by Serial Plaintiffs and Attorneys

Goldberg Segalla LLP • February 23, 2018
In an effort to curb the onslaught of Americans with Disabilities Act (ADA)Title III lawsuits, which have increased dramatically over the past few years, the House of Representatives passed H.R. 620. The bill requires potential plaintiffs intending to bring lawsuits under Title III (for failure to remove architectural barriers to access from public accommodations) first to provide written notice to owners and operators along with an opportunity to make improvements or repair.

Top Five Labor Law Developments for January 2018

Jackson Lewis P.C. • February 23, 2018
Management-side labor and employment lawyer John Ring has been nominated by President Donald Trump to fill the vacant seat on the five-member National Labor Relations Board. If confirmed, Ring would replace former-Board Chairman Philip Miscimarra, a Republican, and restore a 3-2 Republican majority to the Board. Miscimarra’s term ended on December 16, 2017. Ring’s confirmation hearing before the U.S. Senate Health, Education, Labor and Pensions Committee, originally scheduled for February, is scheduled to take place on March 1, although some expect it may be further postponed.

Paid Sick Leave Trend Comes South to Austin, Texas

XpertHR • February 23, 2018
Austin, Texas, has enacted a new ordinance that will soon require employers to provide paid sick leave to employees.

Maine Recreational Marijuana Law Limits Workplace Drug Testing As Well As Disciplinary Consequences Imposed By Employers

Jackson Lewis P.C. • February 23, 2018
A provision of Maine’s recreational marijuana law prohibits employers from taking adverse employment actions for off-premises marijuana use, as of February 1, 2018. This law effectively prevents Maine employers from testing for marijuana for pre-employment purposes. The law also affects employers who employ employees subject to federal drug and alcohol testing regulations as well as those employers who are exempt from complying with Maine’s drug testing law.

Sexual Harassment Dominates California Legislation in 2018

Fisher Phillips • February 21, 2018
As we discussed back in January, sexual harassment appears to be the hot topic for the California State Legislature’s 2018 session. This is certainly not a surprise, as issues related to sexual harassment and the #MeToo movement have dominated discussion across all industries and sectors of business, entertainment, sports, and politics.
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Ogletree Deakins | California | The Opportunities and Obligations of Venture Capital and Private Equity in the #MeToo Environment (February 01, 2018)

Fisher Phillips | California | Glimmers of Hope? Pair of Recent PAGA Cases Provide Rare Procedural Victories for California Employers (January 31, 2018)

Fisher Phillips | California | DLSE Publishes Voluntary Template for Required Employer AB 450 Notice (February 11, 2018)

Ogletree Deakins | California | California’s Salary History Ban: Answers to Frequently Asked Questions (January 23, 2018)

Fisher Phillips | California | The ICEman Cometh? Recent War of Words Puts California Employers in the Crosshairs of National Immigration Debate (January 22, 2018)

Ogletree Deakins | California | Cal/OSHA Approves Long-Awaited Housekeeper Injury Prevention Regulations (January 24, 2018)

Jackson Lewis P.C. | California | Trial Court Properly Denied Attorneys’ Fees To Plaintiff Who Proved His Termination Was Substantially Motivated By His Disabilities, But Was Not The Prevailing Party At Trial (January 21, 2018)

Jackson Lewis P.C. | California | California Labor Department Releases Form for Employers Responding to Immigration Agency Inspection (February 12, 2018)

Fisher Phillips | California | Cal/OSHA Approves Hotel Housekeeping Injury Standard – Likely to Go Into Effect Later This Year (January 21, 2018)

Jackson Lewis P.C. | California | Exemption, Not Pre-Emption: California Federal Court Clarifies Meal and Rest Break Rules May Be Exempt From Labor Code Enforcement For Employers With Valid Collective Bargaining Agreements (February 14, 2018)