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Supreme Court Blocks Class-Wide Employment Arbitration Due to Vague Contract...

Over the past several years, the U.S. Supreme Court has been expanding the enforceability of arbitration agreements and making it easier for employers to keep employment claims out of court.  In its...

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Welcome to the Machine(s): Can AI Save Employers From Discrimination or...

Employees who claim that they were discriminated against or retaliated against by their employer typically must prove that the employer was substantially motivated by their membership in a protected...

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Janet Dhillon Confirmed as EEOC Chair — What’s Next for the Commission?

On May 8, 2019, the U.S. Senate confirmed Janet Dhillon as the new Chair of the Equal Employment Opportunity Commission (“EEOC”), by a vote of 50-43.  Ms. Dhillon, the former general counsel for...

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Do I Have To Treat My At-Will Employees Fairly? No, but Yes.

A common misconception by employers is that they have carte blanche to treat their at-will employees however they want as long as their reason for doing so is not illegal. Technically, this is true—an...

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UBER Update: NLRB Advice Memo Reaffirms the “Entrepreneurial Opportunity”...

The “gig economy” has prompted a nationwide debate about which workers should be deemed employees (and therefore entitled to certain rights and benefits under labor and employment laws) as opposed to...

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Is It Time to Update Your Company’s Appearance Policies?

On June 13, 2019, bills were introduced in the New Jersey Assembly (A5564) and New Jersey Senate (S3945) that would amend the New Jersey Law Against Discrimination (“LAD”) to include discrimination on...

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Your Employee Filed An EEOC Charge. Now What?

Charges of discrimination filed with the Equal Employment Opportunity Commission (“EEOC”) (and similar charges with state and local human relations agencies) are a critical first step in an employee’s...

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DOL Finalizes Overtime Rule With Brief Window For Compliance

Earlier this year, HR Legalist updated readers about a proposed rule unveiled by the Trump Administration’s Department of Labor (“DOL”) that would increase the salary threshold, under which all...

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New York State Sexual Harassment Training Must Be Completed By October 9, 2019

Are you an employer in New York State or New York City?  Did you comply with the new sexual harassment training law yet?  As previously covered by HRLegalist, on October 9, 2018, the State of New York...

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Back In the Saddle and Ready To Ride: Will SCOTUS Buck Social Trends in the...

October 7, 2019 marked the beginning of a new U.S. Supreme Court term.  One significant employment law matter the Court is expected to rule on has to do with lesbian, gay, bisexual and transgender...

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Employment Arbitration Agreements in California: A Soon-To-Be Relic?

Often perceived – rightfully or not – as an overly employer-friendly forum, mandatory arbitration agreements between employers and employees have been the bane of the plaintiff’s bar’s existence for...

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Medical Marijuana gets a New “Test Case” in PA

In a new case filed in the Court of Common Pleas of Allegheny County, Pennsylvania on October 10, 2019 at Docket No. GD-19-014418, Derek Gsell of Moon Township, Pennsylvania is suing Universal Electric...

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Employer’s Swift Decisive Action Helps Defeat Hostile Work Environment Claim

On October 24, 2019, Judge Cathy Seibel of the Southern District of New York issued her ruling granting Defendants’ summary judgment motion in the matter of Lawrence v. Chemprene, Inc., et al.,...

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Misclassification “Double Whammy”: New Jersey Hands the Gig Economy Two...

In state governments’ continuing efforts to target “Gig Economy” companies and other organizations who rely on independent contractors, New Jersey recently handed Uber Technologies, Inc. a bill for...

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NLRB Announces Rollbacks to 2014 “Ambush-Election” Rule

Today, the National Labor Relations Board (“NLRB”) publicized a pending restructuring of Obama-era regulations governing the timelines for union elections. The prior regulations (finalized in December...

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Arbitration Update: Federal Judge Prohibits California’s Mandatory Employee...

As previously covered here, the California Legislature has long been searching for a way to prevent employers from requiring prospective employees to sign arbitration agreements as a condition of...

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It’s time to mediate a case with an ex-employee. Now what?

Today’s blog will review a scenario that is a common occurrence for many practicing employment lawyers, but that might not be as common for our readers. Let’s say that a former employee has filed a...

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USCIS To Implement New Electronic Registration Process for FY 2021 H-1B...

Many employers seek to leverage foreign talent by hiring highly skilled foreign professionals through use of the United States’ H-1B visa program. As covered previously by HR Legalist, because there is...

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UPDATE: NLRB Tightens Joint Employer Rule in Favor of Employers

This week the National Labor Relations Board (“NLRB”) released the final version of its new standard for the test to be used in determining whether workers are jointly-employed by affiliated businesses...

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Implications of Coronavirus in the Workplace

According to the United States Center for Disease Control, Coronaviruses are a large family of viruses that are common in humans and animals. The coronavirus disease recently widespread in China has...

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