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The NLRB Thinks High School Sports Referees Can Unionize
July 20, 2017
I became the commissioner of my daughter’s county basketball league when she was nine.  No one else would “step up.”  The prior year, a player had slapped another player in the handshake line at the end of a game in retribution for rough play (by an 8-year-old girl!) and no game commissioner was there to intervene.
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Medical Marijuana Usage May Require Accommodations
July 19, 2017
Employers are well aware that many states have adopted laws permitting the use of marijuana for medicinal purposes, and sometimes without demonstrating medicinal need. Since these laws were enacted, a variety of cases have been percolating in the courts relating to these statutes, some of which allege claims against employers who have enforced policies relating to drug testing and drug use at work.
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New I-9 Form Takes Effect September 18, 2017
July 18, 2017
On July 17, 2017, U.S. Citizens and Immigration Services (USCIS) published a revised Form I-9, the form used to verify employee identity and authorization to work in the United States.
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Massachusetts High Court: Medical Marijuana User Can Sue for Handicap Discrimination
July 17, 2017
A year ago, a Massachusetts state court considered for the first time whether employers are required to accommodate the off-site use of medical marijuana by disabled employees.  The court answered that question in the negative, ruling that a private employer has no duty to tolerate an employee's use of medical marijuana as an accommodation for a disability under Chapter 151B of the Massachusetts General Laws.
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Minneapolis and St. Paul Sick and Safe Leave Frequently Asked Questions
July 17, 2017
On July 1, 2017, both the Minneapolis and the St. Paul sick and safe time ordinances went into effect. Currently, both Ordinances only affect employers and employees who work within the city boundaries. However, as currently written, the Minneapolis ordinance has the potential to include employers located outside of Minneapolis who have employees working in Minneapolis.
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Update: New York City Freelancer Rules to Take Effect July 24
July 14, 2017
As we advised you in our client advisory dated November 17, 2016, the New York City Council passed a law imposing requirements on businesses and individuals who retain the services of freelance workers as independent contractors, which took effect on May 15, 2017.
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The Government Seems Confused About Class Action Waivers
July 13, 2017
The issue of whether employees can be required to sign arbitration agreements that contain waivers of their right to file a class or collective action over employment-related disputes is one that has drawn much attention – and much conflict – in recent years.
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Should You Conduct an I-9 Audit?
July 12, 2017
Pull three I-9 forms out of your I-9 file.  Now take a careful look at them.  Is every section that needs to be completed fully and accurately completed?
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Overtime Rule Salary Threshold is Dead But Issue is Not
July 6, 2017
Last year, the Department of Labor (DOL) under the Obama administration promulgated a rule that increased the salary threshold a worker must make to qualify as exempt from overtime from $455/week to $913/week ($47,476 per year). Businesses and states successfully challenged the rule as exceeding DOL’s authority and a Texas court blocked the rule just days before the new rule was to go into effect.
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Second Minimum Wage Increase for Oregon Employees Went Into Effect 1st of July
July 5, 2017
In March 2016, Oregon enacted a geographically-tiered minimum wage hike. The first increase went into effect last year. The second increase went into effect on July 1, 2017. Scheduled annual minimum wage increases will continue through 2022.
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Will Private Employees Have the Option of Comp Time?
June 30, 2017
In 1938, the Fair Labor Standards Act (“FLSA”) implemented basic wage and hour protections in the form of a 40-hour standard workweek and employee entitlement to one-and-a-half times their regular rate for hours worked beyond that.  What the FLSA does not touch, however, is a subject that both employers and employees care about almost as much as compensation: paid time off.
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Marijuana Sows Confusion For Employers
June 30, 2017
As we roll into the holiday, there are two sets of potentially confusing marijuana stories in the air. The Bullard Edge will help you make sense of these concerning stories.
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