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Searching Content indexed under Employment and HR by Masuda, Funai, Eifert & Mitchell, Ltd. ordered by Published Date Descending.
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1
New Unlawful Workplace Practices In California
SB 1300 made several changes and additions to the employment regulations under FEHA. First, with the exception of negotiated settlement agreements for the purpose of resolving a formal FEHA
United States
5 Jun 2019
2
Employers May Not Delay Designating FMLA Leave Or Expand FMLA's 12-Week Statutory Entitlement, DOL Says
An employer may not wait to designate leave as FMLA-qualifying, i.e. an employer may not voluntarily permit its employees to exhaust some or all available paid sick (or other leave)
United States
26 Apr 2019
3
Illinois Supreme Court Issues Ruling In Landmark Biometric Information Privacy Case
The Illinois Supreme Court's recent ruling that actual harm is not required to establish a cause of action for a violation of Illinois's Biometric Information Privacy Act affirmed BIPA's "preventative and deterrent" purposes.
United States
1 Apr 2019
4
Make Sure Your Arbitration Agreement Is Enforceable
Ever since (and even before) the U. S. Supreme Court's decision in Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018), companies are asking its employees to sign mandatory arbitration agreements.
United States
29 Mar 2019
5
Drafting Mistakes Sink An Arbitration Agreement
Courts throughout the United States are closely examining arbitration agreements, especially when current and former employees are seeking to proceed with their cases in court.
United States
29 Mar 2019
6
Are You Ready For The Michigan Paid Medical Leave Act?
First, you must analyze whether your company employs the requisite number of individuals to be covered by the Act.
United States
28 Mar 2019
7
Non-Solicitation Of Employees
In California, courts have found unenforceable provisions in employment agreements restricting competition and the non-solicitation of customers.
United States
28 Mar 2019
8
United States Supreme Court To Continue String Of Arbitration Related Decisions
Fresh on the heels of this ruling, the Supreme Court this October heard arguments in three additional arbitration-related matters.
United States
14 Jan 2019
9
California Redefines Independent Contractor
The Court of Appeal determined that Garcia satisfied (A) and (B), but not (C) of the ABC test.
United States
11 Jan 2019
10
California Law: Non-Hire Clauses In A Land Without Non-Competes
Out-of-date agreements and clauses can result in unnecessary litigation, confusion and waste of the company's resources.
United States
11 Jan 2019
11
Trimming The Employer's Arguments, The Seventh Circuit Upholds Claim Of Male-On-Male Harassment Under Title VII
While there have been cases where conduct was found to be "sexual horseplay" that could give rise to tort liability, but not discrimination, asserting such a defense is extremely risky.
United States
12 Sep 2018
12
Workplace Privacy In California
California recently passed one of the strictest data privacy laws in the country, the California Consumer Privacy Act of 2018, which will go into effect on January 1, 2020.
United States
12 Sep 2018
13
Sexual Harassment Prevention Training Redefined, Again
California employers with 50 or more employees are required to provide sexual harassment training to their supervisory employees ...
United States
6 Aug 2018
14
Keeping The Foreign Parent Corporation Out Of Legal Trouble
A subsidiary of a foreign parent corporation should try to protect the parent from liability under America's employment laws
United States
3 Aug 2018
15
Buyer Beware Of Pension Plan Withdrawal Liability
We have written before on our experience, generally, with the 4 main areas of successor liability that can arise in asset acquisitions in the U.S
United States
3 Aug 2018
16
U.S. Supreme Court Announces New Standard For Interpreting FLSA Exemptions
Rejecting a ruling by the United States Court of Appeals for the Ninth Circuit and nearly fifty years of prior court decisions, on April 2, 2018 the United States Supreme Court ...
United States
27 Jun 2018
17
Advisory Council On Employee Welfare And Pension Benefits Provides Report On Plan Notices And Disclosures
In November 2017, the Advisory Council on Employee Welfare and Pension Benefit Plans (the "Council") issued a report to the Department of Labor (the "DOL") ...
United States
27 Jun 2018
18
California Supreme Court Redefines Bonus Pay Calculation
The California Supreme Court's recent ruling in Alvarado v. Dart Container Corp. of California (March 5, 2018) clarifies the rules ...
United States
26 Jun 2018
19
Non-Compete Found So Overbroad As To Be Unenforceable And Unfixable
Recently, a former employer sought injunctive relief against a former executive whom it claimed had violated his Employee Confidentiality/Non-Compete Agreement ...
United States
26 Jun 2018
20
Your Part-Time Employees May Be Eligible For Your Company's 401(K) Plan
Although part-time employees are not likely eligible for a company's group health plan because they work fewer than the 25 or 30 hours per week ...
United States
22 Jun 2018
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