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|Over 20 States and 50 Business Groups File Suit Seeking to Block Enforcement of New Overtime Rule|
Amanda Green; Brunn Flynn Attorneys;
September 29, 2016, previously published on September 26, 2016With less than 75 days before the U.S. Department of Labor’s (DOL) New Overtime Rules are scheduled to go into full effect, two separate federal court lawsuits were recently filed challenging the legality of DOL’s proposed changes. On September 21, 2016, a group of 21 states (lead by...
|Open the Floodgates: NLRB Announces Misclassification of Independent Contractors Can, In Itself, Violate Section 8(a)(1)|
Harold P. Coxson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
September 29, 2016, previously published on September 22, 2016On August 26, 2016, the National Labor Relations Board's Division of Advice publicly released an advice memorandum from December of 2015 in which it found a Section 8(a)(1) violation for an employer's misclassification of independent contractor status. Pacific 9 Transportation, Inc. (No....
|Health and Safety Trump Religious Freedom|
Justine B. Laurier; Borden Ladner Gervais LLP;
September 29, 2016, previously published on September 22, 2016On September 21, 2016, the Honourable Mr. Justice André Prévost of the Superior Court rendered judgment in the case of Singh et al. v. Montréal Gateways Terminals et al. In this decision, the Court confirmed that the operator of a marine terminal may require persons of the Sikh...
|Is Maryland's New Equal Pay for Equal Work Act a Game Changer?|
Marc R. Engel; Lerch, Early & Brewer, Chartered;
September 29, 2016, previously published on September 15, 2016In May, Maryland governor Larry Hogan signed the Equal Pay for Equal Work Act of 2016 significantly expanding and strengthening Maryland's current Equal Pay Act. The new legislation took effect on October 1. Here’s what you need to know.
|Eight Ways to Adjust Your Company’s Paid Leave Policy to Comply with Montgomery County’s Sick and Safe Leave Law|
Julie Alyce Reddig; Lerch, Early & Brewer, Chartered;
September 29, 2016, previously published on September 15, 2016Montgomery County’s Sick and Safe Leave law goes into effect on October 1, 2016. By now, most employers have heard of the law and understand that it requires employers with five or more employees to provide 56 hours of paid leave to employees on an annual basis.
|Insider Threat Programs - A New Challenge for Cleared Contractors|
Garen E. Dodge, Laura E. Jehl; Sheppard, Mullin, Richter & Hampton LLP;
September 28, 2016, previously published on August 16, 2016On May 18, 2016, the Department of Defense issued Conforming Change 2 of the “National Industrial Security Operating Manual” (“NISPOM”). NISPOM Change 2 requires all U.S. government contractors who require access to U.S. classified information to implement an Insider Threat...
|Court Decisions Could Frustrate Obama Administration Efforts to Protect Transgender Students, Employees|
Thomas Dorer, Mariah H. McGrogan, Michelle E. Phillips; Jackson Lewis P.C.;
September 28, 2016, previously published on September 21, 2016A flurry of judicial activity has surrounded the Obama Administration’s efforts to provide legal protection to transgender individuals by extending protection against sex discrimination to cover gender identity under Title IX of the Education Act of 1972 and Title VII of the Civil Rights Act...
|Attorney General, Federal Courts Push Back Against Serial ADA Litigator|
Jones Skelton Hochuli P.L.C.;
September 28, 2016, previously published on September 2016Since February 2016, Advocates for Individuals with Disabilities (“AID”) has filed more than 1,500 lawsuits against Arizona businesses, all alleging the businesses failed to comply with the Americans with Disabilities Act (or the state equivalent) mostly due to minor violations of...
|New York City May Ban Questions about Salary History|
Jonathan L. Bing, Javier A. Lacayo; Jackson Lewis P.C.;
September 28, 2016, previously published on September 21, 2016A bill in the City Council of New York City would prohibit employers from inquiring about a prospective employee’s salary history. The bill’s purported aim is to close the gender pay gap by reducing the likelihood that women will be prejudiced by prior salary levels.
|How to Respond When ACA Electronic Reporting Triggers Notification of an Incorrect TIN|
Maria Fernanda Gandarez, Matthew J. Kolodziej, Bernhard Mueller; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
September 28, 2016, previously published on September 26, 2016The Affordable Care Act’s (ACA) electronic reporting requirements for larger companies may inadvertently notify employers of employees using incorrect Social Security numbers. The ACA requires certain large employers with 50 or more employees to offer qualified healthcare plans to employees...