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USCIS Rolls Out Full-Scale Implementation of L-1 Site Visit Program: Employers of L-1 Transferees Should Now Set up Processes to Prepare for Such Visits
July 24, 2014 | Advisory
U.S. Citizenship and Immigration Services’ (USCIS) Fraud Detection and National Security (FDNS) Directorate has recently begun implementation of an L-1 site inspection program in response to an August 2013 report released by the U.S. Department of Homeland Security’s Office of Inspector General (OIG) titled “Implementation of L-1 Visa Regulations.”
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The Affordable Care Act—Countdown to Compliance for Employers, Week 23: The Impact of Employment Contract Terms on Variable Hour Employee Status
July 20, 2014 | Blog
For applicable large employers (i.e., employers who employed at least 50 full-time and full-time equivalent employees on business days during the preceding calendar year) endeavoring to comply with the Affordable Care Act’s employer shared responsibility rules, determining an employee’s status as “full-time” is critically important.
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Having Employees Sign Non-Compete Agreements After They Have Already Started Working Could Be A Big Problem For Some Employers
July 16, 2014 | Blog
A non-compete agreement is a vital tool that companies use to protect their confidential and trade secret information and their customer and employee relationships. Employers, of course, want to avoid the trouble of running to court to enforce their non-compete agreements, but if they do, they better make sure their non-competes will withstand a judge’s scrutiny.
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Back to the Basics: Non-Compete Lost to a Superseding-Agreement Clause
July 16, 2014 | Blog
With so much focus on the reasonableness of restrictive covenants, it’s easy to forget that non-competes are plain old contracts—nothing more. And when it comes to enforcing non-competes, basic contract law still applies.
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California Supreme Court Nixes Certification Denial Ruling Against Newspaper Carriers Classified as Independent Contractors
July 16, 2014 | Blog
The California Supreme Court recently held that a trial court needed to revisit its class certification decision regarding newspaper carriers who alleged that they should have been classified as employees rather than independent contractors.
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The EEOC Releases Updated Enforcement Guidance on Pregnancy Discrimination and Related Issues
July 15, 2014 | Blog
The EEOC released its updated enforcement guidance on pregnancy discrimination yesterday -- the first time it's done so in more than 30 years. You can access the guidance and related documents here.
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The Employer Shared Responsibility provisions of the Affordable Care Act (“ACA”) generally require “applicable large employers” (i.e., employers who employed at least 50 full-time and full-time equivalent employees on business days during the preceding calendar year) to offer group health plan coverage or face the prospect of having to pay an assessable payment.
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Employee Benefits: Important Wellness Plan and Mental Health/Substance Use Disorder Parity Effective Dates Have Arrived!
July 10, 2014 | Blog
Employers and insurers offering medical plans: take note! Two important final regulations issued jointly by the IRS, DOL and HHS (the “Departments”) are now in effect.
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NY Wage Law Repeal a Mixed Blessing for Companies
July 9, 2014 | Blog
Corporate Counsel followed up on my entry on the amendments to the New York Wage Theft Prevention Act, which we expect Governor Cuomo to sign shortly.
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A Recent D.C. Circuit Court of Appeals Decision Calms Employer Fears that Internal Investigations May Not Be Privileged and Lays Out Roadmap to Protect Attorney-Client Privilege
July 8, 2014 | Blog
A recent decision from the D.C. Circuit Court of Appeals, one of the most important courts in the nation, reaffirmed that a company’s internal investigations—if structured properly—are protected from disclosure in litigation by the attorney-client privilege.
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Pay Careful Attention to Pregnancy Accommodation Requests as EEOC Plans New Enforcement Guidance
July 8, 2014 | Blog
My article on pregnancy accommodations, the EEOC's updated Enforcement Guidance and the Young v. UPS case, which the Supreme Court will hear in its next term, was published in Thompson's ADA Compliance Guide August 2014 Newsletter.
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5 Attributes of a Successful Non-Compete Agreement
July 8, 2014 | Blog
JD Supra's Business Advisor recently asked my colleague Jennifer Rubin what is "the one thing that a business's non-compete agreement should accomplish."
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The Affordable Care Act—Countdown to Compliance for Employers, Week 25: What Hobby Lobby Means for the Affordable Care Act—Absolutely Nothing
July 7, 2014 | Blog
To call the Supreme Court’s recent decision in Burwell v. Hobby Lobby Stores, Inc. much-anticipated or highly controversial is an understatement. And, to be clear, any time the Supreme Court weighs in on bed-rock constitutional principle—particularly as it affects the church-state relationship, it is a big deal.
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New Jersey’s “Ban the Box” Bill Sent to Governor Christie’s Desk; Final Version More Employer-Friendly
July 7, 2014 | Blog
In December, we wrote about New Jersey’s proposed “ban the box” measure, known as the Opportunity to Compete Act, making its way through the legislature – a law that would prohibit employers from inquiring about job candidates’ criminal histories early in the hiring process.
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Supreme Court Declines to Hear Appeal on Enforceability of FLSA Collective Action Waivers
July 2, 2014 | Blog
Yesterday, the Supreme Court denied a request to review the issue of whether the Fair Labor Standards Act grants employees a non-waivable right to bring a collective action and thus, renders arbitration agreements with collective action waivers unenforceable.
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Massachusetts Becomes Latest State to Raise its Minimum Wage
July 2, 2014 | Blog
Massachusetts is the latest state to take up the minimum wage mantle, as Governor Deval Patrick signed a law raising minimum wage in the state on June 26th. As we have discussed on this blog, there is a movement afoot nationally to raise the minimum wage for low wage workers, and states and cities keep upping the minimum wage ante.
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California Supreme Court Upholds Employment Class Action Waivers, but Rejects Waivers of PAGA Claims
June 30, 2014 | Blog
The California Supreme Court issued an important decision last week on the enforceability of employment class action waivers included in arbitration agreements. The result: private parties can contract for the waiver of the right to pursue a class action in any forum.
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The Affordable Care Act—Countdown to Compliance for Employers, Week 25 (Early Edition): What Hobby Lobby Means for the Affordable Care Act—Absolutely Nothing
June 30, 2014 | Blog
To call the Supreme Court’s recent decision in Burwell v. Hobby Lobby Stores, Inc. much-anticipated or highly controversial is an understatement. And, to be clear, anytime the Supreme Court weighs in on bed-rock constitutional principle—particularly as it affects the church-state relationship, it is a big deal.
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The Departments of the Treasury/IRS, Labor and Health and Human Services (the “Departments”) recently issued a final regulation under the 90-day waiting period limitation, which is included among the Affordable Care Act’s (the “Act”) insurance market reforms.
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Massachusetts Federal Court Refuses to Transform Non-Disclosure Agreement into a Non-Competition Agreement
June 30, 2014 | Blog
A recent decision from the Massachusetts federal district court serves as a good reminder to Massachusetts employers that courts are unlikely to view the breach of a non-disclosure/confidentiality agreement as justification to impose a non-competition restriction on a former employee where no such express restrictive covenant exists.
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