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Ignorance of Interplay between FMLA and ADA Can Be Costly To Employers

Jackson Lewis P.C. • February 15, 2018
One mistake often made by employers is assuming that after an employee has exhausted his or her 12 weeks of protected Family Medical Leave Act (FMLA) leave, the employer’s obligation is fulfilled.

Did You Know There Is a Supplement to the ‘EEO Is the Law’ Poster for Federal Contractors? Here’s Where to Find It

Ogletree Deakins • February 15, 2018
In addition to posting the Equal Employment Opportunity is the Law poster, federal contractors and subcontractors that enter into new or modified federal contracts on or after January 11, 2016, must also post the EEO is the Law Poster Supplement. The poster and supplement are available in Arabic, Chinese, English, and Spanish.

Protecting the Collected Knowhow of an Assembled and Trained Workforce

Nexsen Pruet • February 15, 2018
The notion of protecting knowhow is strange to those who think of intellectual property as comprising patents, trademarks, and copyrights. Knowhow is not associated with agencies of the US federal government that issue “Letters Patent” and Trademark and Copyright Registration Certificates. Knowhow has no federal agency to give it sovereign gravitas. However, public and private schools issue documents, such as diplomas, degrees and certificates, that indicate particular students have demonstrated knowhow by meeting defined requirements.

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

Jackson Lewis P.C. • February 14, 2018
In a recent decision, Judge Philip S. Gutierrez of the United States District Court for the Central District of California clarified an available avenue for employers with collective bargaining agreements (“CBAs”) to combat the growing trend of wage and hour lawsuits in California. In granting defendant Kiewit Infrastructure West Co. (“Kiewit”) motion for summary judgment (by way of a motion for reconsideration), Judge Gutierrez dismissed various Labor Code claims, including claims for meal and rest break violations, because the claims were exempted by (rather than pre-empted by) Kiewit’s existing CBA. See Peter Zayerz v. Kiewit Infrastructure West Co., 16-CV-6405-PSC (PJW)(January 18, 2018).

Louisiana Court Upholds Ruling That House Painters Are Independent Contractors

Ogletree Deakins • February 14, 2018
The Louisiana Fifth Circuit Court of Appeal has held that painters may be treated as independent contractors if they bring some of their own tools, control their own schedules, and make decisions on how to complete the work for which they have been hired.

New York City Expands Definitions of ‘Sexual Orientation’ and ‘Gender’ in Human Rights Law

Jackson Lewis P.C. • February 13, 2018
A new law passed by the New York City Council amends and significantly broadens the definitions of “sexual orientation” and “gender” in the New York City Human Rights Law (NYCHRL). The new law will become effective on May 11, 2018.
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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)

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)

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)

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

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

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

Ogletree Deakins | California | As Marijuana Shops Thrive, California Employers Revisit Drug Policies (January 18, 2018)

Jackson Lewis P.C. | California | Reminder! California Employers Must Provide Notice of the Federal and California Earned Income Tax Credit (January 15, 2018)