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New Mexico Court Rules Employee Is Entitled To Nationwide Discovery in FMLA Case

Jackson Lewis P.C. • October 17, 2017
On October 10, 2017, Judge Ritter issued the Memorandum Opinion and Order which granted a former employee’s Motion to Compel and held that the former employee was entitled to information from the company’s nationwide offices relating to other employees fired under the company’s 100% healed policy and other FMLA or ADA complaints.

Update: The Diversity Lottery Will Restart Following Resolution of Technical Issue

Jackson Lewis P.C. • October 17, 2017
We previously reported on the Department of State’s acceptance of applications for the diversity immigrant lottery. Since then, the DOS has announced on the Diversity Lottery website:

Ogletree Deakins International Video Series: At-Will Employment

Ogletree Deakins • October 17, 2017
In the final chapter of our four-part video series, Bonnie Puckett, of counsel in our International Practice Group, and Jean Kim, an associate in our International Practice Group, discuss the absence of at-will employment outside the U.S. Tune in to our five-minute video below, in which they cover considerations for U.S.-based in-house counsel who need to know how to structure—and dissolve—employment relationships outside the U.S.

The Holiday Hiring Frenzy: 10 Tips That Will Keep You Off the Naughty List

Ogletree Deakins • October 17, 2017
It’s that time of year again—many employers, especially retailers and hospitality employers, are hiring seasonal workers for the holiday shopping season. Despite the challenge of adding so many employees in a short period of time, human resources departments should be cautious of taking shortcuts with recruiting, onboarding, and training. Below are 10 tips to keep in mind during this hectic time of year.

Rule 68 Offers of Judgment

Nexsen Pruet • October 17, 2017
If there is any occasion in civil litigation that calls for caution by counsel, it is the drafting of a Rule 68 offer of judgment, so warns the Fourth Circuit. Consistent with the general rule of contract construction, responsibility for clarity and precision in a Rule 68 offer is that of the offeror. That concept, along with a few twists and turns unique to a SCUTPA claim, was recently visited by our District Court in Bradley Johnson, as a general guardian, for and on behalf of S.J., a minor and individually on behalf of S.J. v. Hyatt Hotels Corporation, et al, 2017 WL 4473469 (October 6, 2017).

U.S. Department of Justice Rescinds Policy Protecting Transgender Employees

Franczek Radelet P.C • October 17, 2017
On October 4, 2017, the United States Department of Justice, through Attorney General Jeff Sessions, issued a memorandum rescinding an Obama-era policy protecting transgender employees from employment discrimination pursuant to Title VII of the Civil Rights Act of 1964.

Recusal: Use it or Lose it

Goldberg Segalla LLP • October 17, 2017
Attorneys and their clients must make strategic decisions during litigation whether to take certain actions that are available to them. Should you move for dismissal or answer the complaint? Should you seek more specific answers to written discovery, or just save your questions for a deposition? These are common questions that do not necessarily have a “right” answer.

Governor Brown Has Signed ‘Ban the Box’ Legislation into Law for California

Jackson Lewis P.C. • October 17, 2017
Effective January 1, 2018, California will be the next jurisdiction to implement statewide “ban the box” legislation. On October 14, 2017, Governor Jerry Brown signed into law Assembly Bill 1008, which prohibits pre-offer inquiries regarding applicants’ conviction histories and regulates employers in their decisions to deny employment to an applicant based on his/her conviction history. For more details regarding this important law, please see our earlier post.

Washington State Enacts Healthy Starts Act, Requires Accommodation for Pregnant Employees Regardless of Disability

Ogletree Deakins • October 17, 2017
The new Washington state Healthy Starts Act requires employers with 15 or more employees to provide accommodations to pregnant employees above and beyond those accommodations required by other available laws, including the Washington Law Against Discrimination (WLAD) and the Americans with Disabilities Act Amendments Act (ADAAA). Some of the required accommodations must be provided without medical certification and regardless of whether such accommodations would create an undue hardship.

Continued Employment Isn’t Always Sufficient – Minnesota Requires Additional Consideration For Non-Compete With Current Employee

Jackson Lewis P.C. • October 17, 2017
The Minnesota federal district court recently refused to enforce a non-compete agreement, in part, because the employer failed to establish that the agreement was supported by valuable consideration.

Hurricane Maria's Aftermath, Part II: Puerto Rico Government Provides Various Exemptions and Extensions to Multiple Upcoming Deadlines

Littler Mendelson, P.C. • October 17, 2017
In the aftermath of Hurricane Maria's catastrophic impact on Puerto Rico, in order to assist in rebuilding and recovery, Puerto Rico’s governor and several agencies have issued multiple exemptions to previously established rules for operations, as well as extensions to multiple deadlines.1 Highlighted below are some of these exemptions and extensions. Given the scope of the damage caused by María, it is likely that additional exemptions and extensions will be approved in the coming weeks and months.

https://www.littler.com/publication-press/publication/california-statewide-ban-box-law-signed-governor

Littler Mendelson, P.C. • October 17, 2017
On October 14, 2017, Governor Jerry Brown signed Assembly Bill 1008, which will add a section to the California Fair Employment and Housing Act (FEHA) containing new state-wide restrictions on an employer’s ability to make pre-hire and personnel decisions based on an individual’s criminal history, including a significant and far reaching “ban-the-box” component.1 AB 1008 is effective on January 1, 2018.

With Governor Brown’s Signature, California Employers Face a Gauntlet of New Laws

Littler Mendelson, P.C. • October 17, 2017
The October 15, 2017 deadline has come and gone for Governor Jerry Brown to weigh the bills passed by the California legislature this year. Governor Brown has now signed into law a jaw-dropping number of bills that pertain to labor and employment issues, ranging from teacher retirement funding to hazardous materials notification.

New California Laws on the Horizon

FordHarrison LLP • October 17, 2017
Executive Summary: California has passed a number of employment laws this year, including the expansion of baby bonding leave to small employers, prohibiting inquiries into an applicant’s salary history, and restricting the use of applicants’ criminal background information. These new laws, which go into effect January 1, 2018, are expected to have a significant impact on employers operating in California. Below is a brief overview of five of the most notable new laws affecting businesses in California.
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