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Blog

Lessons from Shake Shack: A Higher Minimum Wage = Loss of Jobs
October 5, 2017
This week, Shake Shack excitedly announced that it was implementing kiosk-only service at its newest NYC location, with an ostensible focus on digital innovation and improved customer experience.
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Is An Employer Responsible When an Employee Doesn’t Report All Hours Worked?
October 4, 2017
Employers often place the burden on employees of recording hours worked.  Employee handbooks have provisions that require employees to record and report all time worked.  Employers may require employees to review and sign their timecards verifying their hours.  Policies may prohibit off-the-clock work and notify employees that they must report errors in pay.  But are these things enough to free employers from liability for unrecorded, unpaid wages?
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October Immigration Update: H-1B premium processing, new interview requirements, and I-9 update
October 4, 2017
A Roundup of recent updates.
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End of Fiscal Year Filings Signal Business as Usual at the EEOC – For Now
October 3, 2017
Just like the leaves turning colors, you can count on a flurry of court filings from the Equal Employment Opportunity Commission (EEOC) every September as the agency rushes to get cases on file before the end of its fiscal year, September 30.
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Oregon Employers Can No Longer Seek Salary History Information Beginning October 6
October 2, 2017
Bullard Law has previously written about the Oregon Equal Pay Act of 2017 which was passed by the 2017 Legislature and signed into law by the Governor on June 1st. While most of the provisions of the new law do not go into effect until 2019 or even later, the provision that makes it an unlawful employment practice for a prospective employer to seek salary history of an applicant or employee goes into effect October 6, 2017.
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Take Two: The Supreme Court Again to Decide the Constitutionality of Public Sector Union “Fair Share Fees”
October 2, 2017
As we previously reported, in July 2015, the United States Supreme Court decided to hear an appeal of a case from the United States Court of Appeals for the Ninth Circuit regarding the legality of “fair share” fees for public employees. Fair share fees are fees that are proportionate to the union’s costs associated with collective bargaining, contract administration and other activities germane to the union’s duties as the collective bargaining representative. 
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Don’t Get Too Excited That The 7th Circuit Says Extended Medical Leave Is Not An ADA Reasonable Accommodation
September 29, 2017
Sometimes at Blog Central we ask ourselves, “Is it exhausting being right all the time?”  We always answer in the same way: “YES, and actually, it is being ‘correct’ all the time, not ‘right.’”
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Fired for Kneeling During the Anthem? Maybe Not So Fast…
September 28, 2017
President Trump has spoken (and tweeted) his views loud and clear: it is a privilege to play a sport and be paid handsomely for doing so, and any player (as you know, he actually referred to them by another name) that disrespects the flag or our anthem should be fired. Regardless of your views on that subject, can an owner fire a player for doing so?
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NLRB Update - Senate Confirms Appointment Of Former Management-Side Labor Lawyer
September 27, 2017
Monday, the U.S. Senate confirmed William J. Emanuel to join the National Labor Relations Board ("NLRB").  Mr. Emanuel is the second of President Trump's appointees to the NLRB, which has in recent years been operating with only three Board members.
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7th Circuit Ruling Halts Trump’s Threat to Withhold Federal Funds from Sanctuary Cities
September 27, 2017
On September 15, the City of Chicago successfully obtained a preliminary injunction to enjoin U.S. Attorney General Jeff Sessions from leveraging federal funds against “sanctuary cities” to enforce compliance with new immigration policy conditions. The 7th Circuit’s ruling applies nationwide and took effect immediately.
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Ninth Circuit Pauses Seattle Ride-Share Union Ordinance, But Uncertainty Remains
September 26, 2017
Recently, the U.S. Circuit Court of Appeals for the Ninth Circuit blocked the implementation of Seattle Ordinance 124968, which would allow drivers for ride-sharing apps such as Uber and Lyft to form unions, while a suit over the new law is on appeal. The lengthy court dispute over the Ordinance is just the latest battle front facing companies in the “Gig Economy.”
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President Trump Issues Proclamation Instituting Travel Restrictions on New List of Nations
September 25, 2017
On Sunday, September 24th, President Donald Trump announced new travel restrictions for certain nationals of seven countries that have refused to comply with the Department of Homeland Security’s (DHS) new information-sharing requirements.
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Tweets Follow

Jul 18

We Sued the DOL, and the DOL Blinked. A Summary of the Persauder Rule outcome: https://t.co/YkWTg02mn4

Jul 18

New #SHRM Court Report: FMLA Leave May Not Preclude Unemployment Benefits: https://t.co/RRbbRGHSZg

Jul 18

NLRB Expands Weingarten Rights - What this Means for Employers: https://t.co/L54DiYJvEv