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Blog

EEOC Sues 71 Employers In September
October 27, 2017
FY 2017 (Sept. 30) ended with the EEOC filing 71 lawsuits, the highest number in any one month we have ever reported. Thirty of those lawsuits alleged ADA violations and five alleged pregnancy discrimination. Thus, virtually half of all lawsuits alleged discrimination based on medical conditions.
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Update on the Volatile State of the Affordable Care Act
October 27, 2017
A couple weeks ago, President Trump took a major step in dismantling the Affordable Care Act, or "Obamacare,"when he announced his Administration would stop providing federal subsidies to health insurers that help provide insurance coverage to millions of low-income Americans.
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New York Labor and Employment Law Update
October 26, 2017
The past few weeks have seen a flurry of new developments in the New York labor and employment law landscape. A summary of these new developments is below.
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Employers are Optimistic About Pro-Business Changes at the EEOC
October 26, 2017
Employers are hopeful that, with the confirmation of President Trump’s nominees for the Equal Employment Opportunity Commission, the agency will adopt a more business-friendly approach to the issues before it.
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Be Careful of What You Say About Your Former Employee…
October 25, 2017
Many savvy employers know that a neutral reference policy – in which you confirm a former employee’s position, dates of employment and (maybe) salary – is typically the safest choice for avoiding a defamation claim.
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Minnesota Supreme Court Allows Private Cause of Action for Employees Terminated for Refusing to Share Tips & October 2017 Updates in Labor and Employment Law
October 23, 2017
On October 11, 2017, the Minnesota Supreme Court held in Burt v. Rackner, 2017 WL 4532933 (Minn. 2017), the Minnesota Fair Labor Standards Act (MFLSA) grants an employee a private cause of action for wrongful discharge when terminated for refusing to share gratuities.
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Bring In Your Parents Day?
October 19, 2017
Following my earlier post about “Take Your Dog to Work Day,” I recently heard about another event taking place on November 10, 2017 – “Bring In Your Parents Day.” My initial reaction was utter disbelief. Have we really come to the point where helicopter parents are officially invited to buzz the workplace?
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U.S. Department of Justice Rescinds Policy Protecting Transgender Employees
October 17, 2017
On October 4, 2017, the United States Department of Justice, through Attorney General Jeff Sessions, issued a memorandum rescinding an Obama-era policy protecting transgender employees from employment discrimination pursuant to Title VII of the Civil Rights Act of 1964.
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The EEOC’s Civility Training Program – Watch Out For That NLRB Charge!
October 12, 2017
Last week, the Equal Employment Opportunity Commission (EEOC) announced it was offering a training program on respectful workplaces as an alternative to traditional harassment prevention training.
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Employee Fingerprinting and the Illinois Biometric Information Privacy Act: Class Action Suits Filed
October 9, 2017
On September 29, 2017, a group of employees at Peacock Foods filed a class action lawsuit claiming that the company’s collection of employee fingerprints for time-tracking purposes violated the Illinois Biometric Information Privacy Act.
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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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Tweets Follow

Feb 21

New #SHRM Federal Court Report: References to FMLA Were Not Representations of FMLA Eligibility. https://t.co/wzXFCbDtBF

Feb 20

Tax Cuts & Jobs Act Impacts Employee Benefits and Executive Compensation: https://t.co/LbCpbCozcn

Feb 16

NLRB Extends Time For Public Comments On Ambush Election Rules: https://t.co/fpv6Ub8r8i