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SHRM: Confront Employees Who Perpetrate Domestic Violence
October 1, 2014 | Blog
My colleague Tyrone Thomas was quoted in a SHRM article entitled Confront Employees Who Perpetrate Domestic Violence in which he comments on ways employers can investigate an employee’s alleged off-duty, off-site domestic violence. The article focuses on employers’ courses of action when they suspect an employee is committing domestic violence.
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Federal Court Stops the EEOC’s Assault on CVS’s Severance Agreement
September 30, 2014 | Blog
A federal court has tossed the EEOC’s controversial lawsuit against CVS seeking to invalidate its severance agreements. While the EEOC still has a similar lawsuit pending against another company in Colorado, employers can brief a sigh of relief for the moment.
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Employment Law Summer Recap 2014: Part 11 of 11 - GOOOOOOOOOOOOOOOOOOOOOAL: the World Cup and Onionhead Capture America’s Attention…Briefly
September 30, 2014 | Blog
This summer’s FIFA World Cup was truly spectacular. I know this because I’ve been working in the same office building for years and not once has every one of the 10+ pubs located within a five-block radius been packed to the gills on a weekday afternoon for a sporting event.
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Employment Law Summer Recap 2014: Part 10 of 11 - Derek Jeter and Big Macs: What Will Happen to Their Franchises Now?
September 29, 2014 | Blog
Sadly, for this writer, Yankee legend Derek Jeter’s playing days have come to a close. This summer we were able to watch the Captain and five-time World Series Champion take the final swings of his illustrious career where he finished 6th on the all-time hits list – a remarkable accomplishment.
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The Affordable Care Act—Countdown to Compliance for Employers, Week 13: IRS Notice 2014-49 Offers Useful Guidance on Changes in Measurement Periods or Changes in Testing Methods
September 29, 2014 | Blog
For purposes of complying with the Affordable Care Act’s employer shared responsibility rules (which are codified in Internal Revenue Code § 4980H), employers must identify their “full-time employees.”
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Employment Law Summer Recap 2014: Part 9 of 11 - Mo’ne Davis, Becky Hammon and Obama’s Equal Pay Disclosure Rule: Three More Cracks in the Glass Ceiling
September 25, 2014 | Blog
Thirteen year-old pitching sensation Mo’ne Davis made headlines this summer as she became the first female to throw a shut-out in a Little League World Series game. She dominated batter after batter and looked mature beyond her years when she addressed the media.
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Employment Law Summer Recap 2014: Part 8 of 11 - New York’s Coldest Summer, Especially for Employers Who Utilized Unpaid Interns
September 24, 2014 | Blog
It felt like we were in a dream. Or maybe San Diego. Day after day, 82 degrees and little humidity. In a word: pleasant. We know next summer probably won’t be the same, but we sure enjoyed this one.
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Putative Class Members Not Lovin’ It – Court Denies Conditional Certification of Supersized McDonald’s FLSA Class of More Than 1,000
September 23, 2014 | Blog
McDonald’s, the fast food giant known for supersizing its orders, avoided conditional certification of an FLSA collective action this week based on the “very large” size of the putative class.
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Employment Law Summer Recap 2014: Part 7 of 11 - Joey Chestnut Gets Engaged, Wins Yet Another Hotdog Eating Contest and … then Politely Declines to Participate in a Wellness Program?
September 23, 2014 | Blog
61 hot dogs in 10 minutes. Let me repeat: 61 hot dogs in 10 minutes. That’s an incredible 6.1 hotdogs per minute! But for competitive eating champion Joey Chestnut, it was just another day at the office.
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Bloomberg BNA Daily Labor Report: To Unions, McDonald’s Joint Employer Status No Slam Dunk, As Fast Food Push Intensifies
September 22, 2014 | Blog
My colleague Don Schroeder was quoted in Bloomberg BNA’s Daily Labor Report article entitled To Unions, McDonald’s Joint Employer Status No Slam Dunk, As Fast Food Push Intensifies in which he comments on the impact of social media in continued worker organizing efforts and McDonald’s new burden to prove the franchiser
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The Affordable Care Act—Countdown to Compliance for Employers, Week 14: IRS Notice 2014-55 Gets the Employer Shared Responsibility Rules to Play Nice with the Rules Governing Mid-Year Cafeteria Plan Elections, Among Others
September 22, 2014 | Blog
With so much attention being paid to compliance with the Affordable Care Act’s Employer Shared Responsibility rules, it is sometimes easy to forget that these are not the only rules that govern the maintenance and operation of employer-sponsored group health plans. In the case of mid-year cafeteria plan elections, however, the Act and prior law do not mesh well.
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Employment Law Summer Recap 2014: Part 6 of 11 - A Farewell to the BCS and Amateurism in College Athletics (At Least as You Knew It)
September 22, 2014 | Blog
The advent of a playoff system in Division I FBS college football is not the only new change in intercollegiate athletics. After the most active summer in the history of college sports, the following events will have a large effect on compliance going forward
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Employment Law Summer Recap 2014: Part 5 of 11 - Old School’s Frank Ricard and Contractual Statute of Limitations Provisions: I Don’t Know If We’ll Have Enough Time
September 19, 2014 | Blog
“I told my wife I wouldn't drink tonight. Besides, I got a big day tomorrow. . . . Well, um, actually a pretty nice little Saturday, we're going to go to Home Depot. Yeah, buy some wallpaper; maybe get some flooring, stuff like that. Maybe Bed, Bath & Beyond, I don't know, I don't know if we'll have enough time.”
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Employee's LinkedIn Contacts Once Again Become Focus of Trade Secrets Claim
September 19, 2014 | Blog
Following up on the piece I wrote with Jim Ninivaggi, “Whose LinkedIn Profile is it Anyway,” the information contained in an employee’s LinkedIn contacts were discussed in the context of trade secrets in a recent California Federal District Court case, Cellular Accessories for Less, Inc. v. Trinitas.
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Daddy Dearest?: Some Considerations Concerning Paid Parental Leave for Fathers in the United States
September 18, 2014 | Blog
Recently I had a conversation with my father about his options for parental leave when I was born (1979). As a new father myself, I was curious what leave options were open to baby-boomer Dads. My father told me that it was fairly standard to take a day or two off after the birth of a child and to then return to the office, with cigars and tired eyes.
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Employment Law Summer Recap 2014: Part 4 of 11 - Chris Pratt and Unexpected Surprises in Hollywood and the World of California Employment Law
September 18, 2014 | Blog
This summer, those (31?) of us who watched Chris Pratt steal scene after scene in Parks & Recreation saw him ripen into the star we always hoped he’d become. First he charmed audiences as the voice of Emmett in the Lego Movie (you know, the one that easily broke the record for most references that went over your kid’s head in a G-rated movie).
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D.C. the Latest Jurisdiction to Ban the Box
September 17, 2014 | Blog
The District of Columbia is on the verge of joining the 13 other states (and numerous cities and counties throughout the country) that have enacted “Ban the Box” laws prohibiting or limiting an employer from asking job applicant’s about their criminal record.
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Employment Law Summer Recap 2014: Part 3 of 11 - The Decision 2.0: This Time, LeBron Leaves the Right Way; Will Your Employees?
September 17, 2014 | Blog
While it seems like it happened forever ago, it was just back in July when LeBron James once again held this nation captive over where he would play basketball. Four years ago, he jumped ship to Miami to join forces with Dwayne Wade and Chris Bosh, which led to two championships and four straight finals appearances.
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California Employers May Get Ill Over California’s New Mandatory Paid Sick Leave Law
September 17, 2014 | Blog
The collective sobbing you may have recently heard from the west coast of the United States was that of California employers in response to Governor Jerry Brown’s September 10, 2014 signing of AB 1522 – California’s new paid sick leave law called the Healthy Workplaces, Healthy Families Act of 2014.
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The Affordable Care Act—Countdown to Compliance for Employers, Week 15: Can a Plan That Fails to Cover Inpatient Hospitalization Services Provide Minimum Value?
September 16, 2014 | Blog
A recent Washington Post article (“Glitch in health care law allows employers to offer substandard insurance,” September 12, 2014) highlights an Affordable Care Act compliance strategy being marketed heavily (and adopted widely) in industries that traditionally did not previously offer coverage to large cohorts of variable hour and contingent workers.
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