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Senate Votes to Revoke Department of Labor Guidance on State-Run Retirement Plans for Private Sector Employees
May 18, 2017
In yet another move to roll-back regulatory guidance issued during the Obama administration, earlier this month the U.S. Senate voted to revoke a final rule and associated interpretive guidance that the Department of Labor issued in 2016 that would have made it easier for states to set up state-sponsored retirement plans for private sector employees.
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HR Lessons from the Comey Termination
May 18, 2017
Whether you live in a blue state, red state, or just in the state of denial, you surely have heard by now about President Trump’s firing of FBI Director James Comey.
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Seventh Circuit Court Determines That Title VII Covers Sexual Orientation Discrimination
May 16, 2017
In what many are calling a landmark decision, the Seventh Circuit Court of Appeals recently determined that Title VII of the Civil Rights Act bars discrimination on the basis of sexual orientation.
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Ninth Circuit Rules That Hugging Can Create A Hostile Work Environment
May 16, 2017
Earlier this year, the Ninth Circuit Court of Appeals issued a decision in the case of Zetwick v. County of Yolo that addressed the issue of hugging in the workplace.
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Update On DOL Overtime Rule
May 16, 2017
Remember the new overtime rule adopted by the Department of Labor (DOL) that significantly raised the minimum salary requirement necessary to exempt from overtime many white-collar employees (specifically executive, administrative, professional, outside sales, and computer employees)?
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NLRB Alert - Finally Some Good News For Employers!
May 16, 2017
In late April 2017, President Trump appointed Philip A. Miscimarra as the new Chairman of the National Labor Relations Board ("NLRB").  Chairman Miscimarra has served as a Board Member of the NLRB since 2013 and is the only current Republican on the Board.
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Are You Ready for the Pregnant Workers Fairness Act?
May 16, 2017
Last week, the Massachusetts House voted 149-0 in favor of H.3680, An Act establishing the Massachusetts Pregnant Workers Fairness Act.
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Commissioned Employees Must Receive Separate Compensation For Rest Periods
May 12, 2017
Compensating commissioned employees in California got more complicated this year thanks to a decision by the California Court of Appeal holding that employers must separately compensate commissioned employees for their rest periods.
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Are Payment Contingencies in Commission Agreements Worth the Paper They’re Written On?
May 12, 2017
Last month, a federal trial court in Massachusetts held that a former employee was entitled to unpaid commissions under the Wage Act, despite an explicit statement in the employer’s plan that employees who voluntarily resigned were ineligible for incentive payments.
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Is Setting Pay Based on Prior Salary the Same as Setting Pay Based on Sex?
May 11, 2017
Can prior salary justify a pay differential, or does it necessarily perpetuate sex-based pay discrimination? This was the subject of a recent Equal Pay Act (EPA) case before the U.S. Court of Appeals for the Ninth Circuit.
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Wisconsin Surpreme Court Defines "Substantial Fault" Standard for Unemployment Insurance and Worker's Compensation Matters
May 9, 2017
On May 4, 2017, the Wisconsin Supreme Court released a long–awaited decision in Lela Operton vs. LIRC, 2017 WI 46, the first Supreme Court interpretation of Wisconsin’s “substantial fault” standard.
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Alabama Worker's Comp Law Struck Down
May 9, 2017
In a potentially monumental decision, on May 8th, Jefferson County Circuit Judge Pat Ballard struck down the Alabama Worker's Compensation Act as unconstitutional.
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