Blog
U.S. Department of Labor Changes Course on Interns
January 9, 2018
In 2011, we alerted employers to the issue of unpaid interns bringing claims and lawsuits for unpaid wages, alleging that they qualified as employees entitled to the minimum wage and overtime protections of the Fair Labor Standards Act (FLSA) and corresponding state law.
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Immigration: Are Changes to H-1B Extensions Beyond the 6th Year Imminent?
January 5, 2018
Over the last two days, the media has been reporting that the Department of Homeland Security (DHS) is considering aggressive new measures that would potentially reduce or eliminate certain H-1B extensions available under the American Competitiveness in the Twenty-First Century (AC21) Act to individuals seeking green cards who are in lengthy backlogs.
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What Is a “Bomb Cyclone,” and Do We Have to Pay Employees Who Miss Work Because of the Weather?
January 4, 2018
For those of us who have lived in New England for all or most of our lives, we’re used to hearing a lot of different names for our not-uncommon winter storms. But the term “bomb cyclone” is a new one.
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The Federal Government Is Challenging State Legalization of Marijuana – What Does This Mean for Employers?
January 4, 2018
Only days after California started selling recreational pot, which had been legalized under state law, CNN reported that Attorney General Jeff Sessions will announce that he is rescinding Obama-era guidance that had set forth a policy of federal non-interference with state legalization laws.
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Reminder: NY Paid Family Leave Effective January 1
January 2, 2018
On January 1, New York State’s Paid Family Leave (“PFL”) Legislation went into effect. As a reminder, the law requires employers to include written PFL policies in their employee handbooks or other employee guidance and to post a notice about their PFL coverage in the workplace; a copy of the required poster can be obtained from the employer’s PFL insurance carrier.
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Oregon: New Timeframes for Responding to Public Records Requests
December 29, 2017
During the 2017 legislative session, the Oregon Legislature passed Senate Bill 481 which amends the current public records process and timelines. Prior law required completion of the records request “as soon as practicable without unreasonable delay.” The new law, effective January 1, 2018, retains that requirement, but adopts specific timeframes for acknowledging and responding to public records requests.
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NLRB Dismantles Former Board’s Handbook Rule: What Does This Mean for Employers?
December 28, 2017
For 8 years, the Obama-era Board scrutinized employer handbooks and held that facially neutral policies and rules maintained by employers (i.e., rules that, as written, did not target protected activity) were violations of the National Labor Relations Act (NLRA) if an employee could “reasonably construe” the policy or rule to prohibit a right protected under the NLRA.
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Some Highlights from the EEOC’s Latest Strategic Plan
December 28, 2017
On December 8, the Equal Employment Opportunity Commission (“EEOC”) has released its draft strategic plan for public notice and comment. Not to be confused with the revised Strategic Enforcement Plan published in September—which outlined substantive priorities for investigation and litigation—the strategic plan is akin to a company’s operational plan.
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Ontario Bill 148 is Now Law
December 22, 2017
Bill 148, the Ontario, Canada Fair Workplaces, Better Jobs Act, received Royal Assent on November 27, 2017. This means that the Bill has passed and is now law.
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NLRB Reverses Course on Employee Handbooks, Joint Employers, and More
December 22, 2017
Last week, the National Labor Relations Board (the “NLRB” or “Board”) issued four significant decisions reversing precedent under the National Labor Relations Act (the “NLRA” or “Act”) governing the legality of employee handbooks and employment policies, joint employment relationships, employers’ ability to unilaterally change terms and conditions of employment in accordance with a past practice, and the unionization of small bargaining units of employees (called “micro-units”).
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New York State Planning to Expand Call-In Pay Requirements for Most Employers
December 20, 2017
On November 22, 2017, the New York State Department of Labor (“NYDOL”) issued proposed regulations seeking to impose new pay obligations on employers who change employee work schedules on short notice or schedule shifts less than two weeks in advance, and expanding current requirements for additional pay when an employee subject to call reports for work.
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The Winds Keep Blowing: Miscimarra's Final Days with the NLRB Produce More Change for Employers
December 19, 2017
Last week we issued two alerts covering the winds of change blowing at the NLRB. The strong winds continued on Friday, December 15 as the Board overruled two more decisions: one addressing an employer’s duty to bargain; the other addressing the proper analysis for determining appropriate voting units in union elections.
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