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Court Refuses to Enforce "Misleading" and "Sham" Arbitration Agreements

Nexsen Pruet • February 21, 2018
Courts usually enforce mandatory arbitration agreements in the employment context if the agreements are not too one-sided.

“It Says What It Says”: Dodd-Frank Whistleblower Protection Requires SEC Reporting, SCOTUS Rules

Ogletree Deakins • February 21, 2018
On February 21, 2018, the Supreme Court of the United States ruled that the anti-retaliation provision of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act does not extend to an individual who has not reported a violation of the securities laws to the Securities and Exchange Commission (SEC). According to the Court, the language of the law requires that “[t]o sue under Dodd-Frank’s anti-retaliation provision, a person must first ‘provid[e] . . . information relating to a violation of the securities laws to the Commission.’” As Justice Kagan noted in oral argument in November, Dodd-Frank has “this definitional provision, and it says what it says.” Digital Realty Trust, Inc. v. Somers, No. 16-1276, Supreme Court of the United States (February 21, 2018).

Trump’s 2019 Budget Proposal: Systemic Pay Discrimination Will Remain Priority

Jackson Lewis P.C. • February 21, 2018
President Donald Trump’s budget proposal projects that both the EEOC and OFCCP will be “doing more with less.” Consequently, the agencies plan to focus resources.

One-Stop Shop: Think Tank Joins Forces With Cornell To Provide Premier Gig Economy Data Hub

Fisher Phillips • February 21, 2018
The Aspen Institute’s Future of Work Initiative has partnered with Cornell University’s School of Industrial and Labor Relations (ILR) to introduce the “Gig Economy Data Hub.” Set to launch this spring, the database aims to serve as a comprehensive source of the knowns and unknowns of the gig economy.

The Dark Web and its Impact on Small Business

Jackson Lewis P.C. • February 21, 2018
Most business owners are all too familiar with identity theft. What they might not be sufficiently aware of is the “Dark Web” where identity theft thieves buy and sell stolen personal information.

Risky Wager – the Hidden Liability of March Madness Office Pools

FordHarrison LLP • February 21, 2018
Executive Summary: March Madness, the NCAA Division 1 college basketball tournament, is rapidly approaching. Second in betting popularity only to the Super Bowl, some have predicted as much as $3 billion will be bet on workplace bracket pools during March Madness this year.

Court Approves $22.5 Million Settlement Covering S.C. Workers

Nexsen Pruet • February 21, 2018
Last week, more than a hundred South Carolina employees became eligible to receive millions of dollars from a settlement fund of $22.5 million. A federal judge approved settlement of a lawsuit against a steel mill in Huger, S.C. Nearly half of the settlement will go to the plaintiffs’ lawyers and the remainder will be allocated to eligible employees based on a settlement formula focusing on individual factors, including pay differentials allegedly due to lost promotions, and the frequency, severity, and duration of alleged racial hostility within the workplace.

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.

Maine Recreational Marijuana Law Limits Drug Testing, Disciplinary Consequences Imposed by Employers

Jackson Lewis P.C. • February 21, 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.
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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)

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 | California Labor Department Releases Form for Employers Responding to Immigration Agency Inspection (February 12, 2018)

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