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Update: Equal rights to survivor’s benefits for civil partners?
Shepherd and Wedderburn LLP, February 2014

Last year, we reported on the Employment Tribunal’s decision in Walker v Innospec Limited (ET 2411316/2011) that a pension scheme’s failure to provide survivor’s benefits for civil partners equal to those provided for spouses was unlawful discrimination...

"False" Self-Employment and the Gig Economy - Where are We Now?
A&L Goodbody, July 2018

The question of 'employment status', continues to concern many employers working within today's 'gig economy'. The UK Supreme Court recently provided guidance on the correct "label" to be bestowed on 'gig economy' workers. Pimlico Plumbers recently lost an appeal in the UK Courts against a finding that one of its plumbers was a "worker" for the purposes of relevant UK employment legislation – not a self-employed independent contractor...

"Hurricane Harvey" and the Winds of Change
TSMP Law Corporation, January 2018

Have we reached the tipping point in the fight against sexual harassment in the workplace? In late August 2017, Hurricane Harvey struck the Caribbean and the United States, causing unprecedented devastation and destruction. Less thantwo months later, a very different “Hurricane Harvey” followed, one that precipitated a renewed global consciousness over issues of sexual harassment...

"Opportunity Zone Benefits; Nuts and Bolts; and Loose or Missing Screws" By J Leigh Griffith and Shane P Morris Taxes - The Tax Magazine
Waller, February 2019

The Tax Cuts and Jobs Act of 2017 (the “TCJA”) created a new tax incentive designed to encourage long-term investment in low income communities, as defined in Code Sec. 45D(e),1 which are specifically designated as “qualified opportunity zones” (“QOZs”) in accordance with procedures set forth in Code Sec. 1400Z-1...

"Text Me?" Proposed Electronic Disclosure Rule Would Allow Greater Flexibility for Retirement Plans
Hanson Bridgett LLP, November 2019

Under a new proposed rule, certain required disclosures could be provided electronically to all retirement plan participants, including former employees and beneficiaries. On October 23, 2019, the U.S. Department of Labor issued a proposed rule intended to expand the use of internet technology to furnish ERISA-required disclosures to plan participants, and to reduce printing and mail expenses...

#MeToo: It May Be Happening in Your Workplace Too
Dinsmore & Shohl LLP, November 2017

The resurgence of the #MeToo campaign highlights that sexual harassment comes in all variations, affects all classes of people, and cuts across all industries. While employers could dismiss the social media moniker as a “them” not an “us” problem, they do so at their peril. People, some of whom may be your employees, are talking, posting, and tweeting, and employers would be wise to listen and revisit their anti-harassment policies...

#NotHere: 5 Steps to Prevent Harassment in the Workplace in Wake of the #MeToo Movement
Dinsmore & Shohl LLP, November 2018

One year later, the #MeToo movement has caused a seismic cultural shift in American society and in the workplace. It continues to gain momentum and attracts wide-sweeping media coverage keeping the issue of sexual misconduct against women at the forefront of our national dialogue...

“Bring Your Own Device” (BYOD): Pros and Cons
Garrigues, July 2013

In the last few years, many multinationals are implementing in their organizations so-called “Bring Your Own Device” (BYOD) policies.  What is “BYOD”? It is a new trend in the management of technological infrastructure within companies where employees bring their own devices to the workplace, thereby reducing the number of devices that companies have to provide to employees, with the consequent reduction in costs...

“No Rehire” Language in Settlement Agreement Found Unlawful Where Not Narrowly Tailored
Hunton Andrews Kurth LLP, October 2018

When negotiating a settlement agreement in an employment dispute, “no rehire” language is often a standard term. This language typically bars the litigating employee from seeking re-employment with the former employer. However, in California, at least one “no rehire” provision was invalidated because it was not narrowly tailored to the employer at issue. In Golden v. California Emergency Physicians Medical Group (“CEP”), CEP terminated Dr...

“Ruff” Days at the Office: Service Dogs (and Other Animals) in the Workplace
Spilman Thomas & Battle, PLLC, March 2017

With everything from alpacas, pigs and turkeys, to even a snake being claimed as service animals, it is not surprising that many business owners are asking what truly qualifies as a “service animal” under the law. Just last fall, a Wisconsin McDonald’s encountered a situation where a patron wanted to dine with her service kangaroo...

“Second-Hand” Harassment: Can an Employer Get Burned?
Haynes and Boone, LLP, October 2005

You’ve probably heard about the dangers of second-hand smoke. But what about the employment-related danger of “second-hand” harassment? Consider this scenario: Mr. Jerk, a bank manager in the credit department, repeatedly harasses his administrative assistant, Gina. He invites Gina to have drinks with him, repeatedly touches her shoulders, and brushes up against her. Gina never complains to anyone in bank management about Jerk’s conduct...

“Text Me?” Proposed Electronic Disclosure Rule Would Allow Greater Flexibility for Retirement Plans
Hanson Bridgett LLP, November 2019

Under a new proposed rule, certain required disclosures could be provided electronically to all retirement plan participants, including former employees and beneficiaries. On October 23, 2019, the U.S. Department of Labor issued a proposed rule intended to expand the use of internet technology to furnish ERISA-required disclosures to plan participants, and to reduce printing and mail expenses...

“Waive” Goodbye to Employer Liability Under the ADA for Voluntary Accommodations of Essential Job Functions
Spilman Thomas & Battle, PLLC, May 2014

An employer faces a difficult situation when a temporarily disabled employee who cannot perform his or her essential job functions requests an accommodation. This situation becomes significantly more complicated when the employee receives the “accommodation,” but never recovers enough to resume performing the essential job functions...

“Weingarten” Rights - Flip Flop
Lowenstein Sandler LLP, November 2004

In a far-reaching decision, the National Labor Relations Board (“NLRB”) recently ruled that the right of an employee to have a representative or co-worker present at a investigatory meeting that the employee reasonably believes might result in discipline covers unionized workplaces only...

2012 E-Verify Laws Update
Spilman Thomas & Battle, PLLC, June 2012

On May 26, 2011, in Chamber of Commerce of the United States of America et al. v. Michael B. Whiting et al., 131 S.Ct. 1968 (2011), the Supreme Court of the United States upheld states’ rights to mandate use of the employment verification program (E-Verify) organized by the United States Department of Homeland Security (DHS) and Social Security Administration (SSA)...

2012: Another year of change...
Shoosmiths LLP, December 2012

Yet again, this year has been a busy one for employers, HR teams and their lawyers: employment law changes and decisions from the Courts have kept us all on our toes! Here is a reminder of some of the most significant cases and legal developments of 2012.1. The unfair dismissal qualifying period increased to two years for those employed on or after 6 April 2012. The qualifying period for employees whose employment started before this date remains 12 months.2...

2016 California Labor and Employment Update
Haynes and Boone, LLP, February 2017

2016 California Labor and Employment Legislation SB 3 Raises California's Minimum Wage SB 3 will increase the state minimum wage to $15.00 per hour over the next six years. The bill sets two minimum wage rate hikes, depending on whether an employer has 26 or more, or 25 or fewer, employees. All employers in the state must comply with the new minimum wage law...

2017 and the West Virginia Legislature - The Year of the Employer
Spilman Thomas & Battle, PLLC, June 2017

The 2017 regular session of the West Virginia Legislature saw several changes in laws relevant to employers. Changes of interest to employers include the West Virginia Safer Workplace Act, Second Chance for Employment Act, West Virginia Workplace Freedom Act, West Virginia Medical Cannabis Act, striking employees and unemployment benefits, Physicians Freedom of Practice Act, and bonds for wages and benefits...

2019 New California Laws Impacting Cannabis Businesses
Hanson Bridgett LLP, October 2019

Governor Newsom has signed several bills that impact the cannabis industry by providing relief from federal income tax deduction limitations, encouraging minority participation, encouraging union membership, and clarifying some other existing regulations. The bills include: Assembly Bill 37 repeals the limitation on deductions for business expenses for cannabis businesses, which had previously conformed to Internal Revenue Code section 280E for state tax purposes...

2019 Novel Coronavirus & Flu: What Employers Need to Know on Quarantines and Preventing the Spread of Disease in the Workplace
Dinsmore & Shohl LLP, February 2020

Flu season is in full swing. with the Center for Disease Control (CDC) confirming over 155,000 positive U.S. cases of influenza since Sept. 29, 2019. Simultaneously, the coronavirus COVID-19 has spread rapidly across China, with at least 70,000 confirmed cases, including 15 confirmed cases in the United States. In response, employers need to be prepared to assist employees in staying safe and complying with potential quarantines. Beginning Feb...

2020 Annual Employment Law Update Materials
Verrill, January 2020

On Thursday, January 30, members from Verrill's Employment & Labor group, as well as some from the Employee Benefits & Executive Compensation group, conducted a full-day seminar full of employment law related topics that would prepare HR professionals, managers, and in-house counsel for the year ahead. The presentation slides and handout materials from the 2020 seminar are available for download as PDF files below...

24 Pennsylvania Counties Selected to Start the Reopening Process on May 8
Spilman Thomas & Battle, PLLC, May 2020

Governor Wolf announced that 24 Pennsylvania counties will move from the red phase to the yellow phase of the reopening plan beginning at 12:01 a.m. Friday, May 8. The 24 counties announced today are: Bradford, Cameron, Centre, Clarion, Clearfield, Clinton, Crawford, Elk, Erie, Forest, Jefferson, Lawrence, Lycoming, McKean, Mercer, Montour, Northumberland, Potter, Snyder, Sullivan, Tioga, Union, Venango and Warren...

7 Tips For Hiring And Firing Employees While Minimizing Legal Liabilities
Dinsmore & Shohl LLP, April 2018

Hiring an employee is exciting — it’s an opportunity for both employer and prospective employee to develop a mutually beneficial and profitable relationship. However, when done incorrectly, hiring can create liability. To avoid turning a potentially promising encounter into a problematic one, VARs and MSPs need to adhere to a few best practices. Ask the right questions. Candidates should be asked similar questions geared toward determining if they can perform the job...

8 Important Things You Should Know About the Employment Non-Discrimination Act
Spilman Thomas & Battle, PLLC, November 2013

The Employment Non-Discrimination Act (“ENDA”) is federal legislation that would prohibit employers from discriminating against potential or actual employees during hiring and employment based on their sexual orientation or gender identity. The Act defines sexual orientation as “homosexuality, heterosexuality, or bisexuality...

A Boost for Entrepreneurs: Minority-, Women- and Veteran-owned Businesses
Spilman Thomas & Battle, PLLC, March 2017

Recognizing that our country -- our “team,” if you will -- is stronger when all our players are on the field and playing to their full potential, our federal and some state governments have developed programs to help disadvantaged entrepreneurs get started on the path of business ownership. In the last issue of The Construct we talked about the Historically Underutilized Business (“HUBZone”) Program...

 

 

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