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CMS On your radar - Key employment issues worldwide
February 1, 2018
The international CMS employment group has the pleasure of sharing the fourth edition of On Your Radar publication giving you access to the key employment law developments at your fingertips. Our easy to read guide provides our expert analysis and action points to deal with these developments in Europe and beyond.
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Employers – Don’t Let Your Emojis Get the Best of You
January 31, 2018
Emojis and emoticons, which we all use to add flavor and emotion to dry, text based communication on our phones, emails, or Facebook messages, have become points of contention in a variety of legal disputes.
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Employers Who Utilize Temporary Or Loaned Employees Are Now Potentially Liable For Third Party Claims Brought By An Injured Employee
January 29, 2018
On January 9, 2018, District III of the Wisconsin Court of Appeals decided that Wis. Stat. § 102.29(6)(b)1 allows an injured temporary employee to choose between filing a worker’s compensation claim and suing the temporary employer for tort damages.
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Massachusetts: Are You Prepared for the “Hot Topics” in 2018?
January 26, 2018
Earlier this week, Erica Flores and I teamed up with the Chicopee Chamber of Commerce for a seminar with an HR focus. During the presentation, we discussed new employment laws and issues that we expect to impact Massachusetts employers this year, as well as proposed legislation that should be on your radar.
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ADA - Employee Mental Health - Employer Right
January 26, 2018
Concerns about workplace violence, bullying, and harassment sometimes result in employers facing a difficult choice, which is either to require a mental health fitness for duty examination or wait to see if the concerns about the employee prove to be accurate. No employer has an obligation to retain an employee whose behavior creates a potential risk of harm to the employee or others.
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Legislative Outlook for 2018
January 26, 2018
The pro-business shift, begun in 2017 under the Trump administration, will continue in 2018. Thus, the DOL will undoubtedly set new standards for the payment of overtime and the application of any exemptions, while the Senate looks to force through a new joint employer standard.
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EEO-1 Report Filing on the Horizon
January 26, 2018
EEO-1 reports must be submitted to the Joint Reporting Committee by March 31, 2018. If you recall, the filing period was suspended based upon the EEOC’s efforts to require compensation analysis as part of the EEO-1 report. That has been put on hold pending more comprehensive review.
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Must Employees on Leave Be Left Alone?
January 26, 2018
Issues often arise during the course of an employee’s FMLA absence where the employer needs to contact the employee or may want to request the employee to perform some work. What are the employer’s rights to have such discussions or requests when an employee is on FMLA leave?
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The Employee You Terminated Won’t Return Company Property. Now What?
January 24, 2018
Have you ever terminated someone only to have them hold hostage your company’s property?
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Sexual Harrassment and the New Tax Bill: What You Might Have Missed
January 23, 2018
Despite seemingly exhaustive coverage of both sexual harassment allegations and the Republican tax bill, there was little coverage of a small but important change in the tax laws that may have significant implications for settling sexual harassment claims in the workplace.
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Wisconsin Supreme Court Declares that Non-Solicitation of Employee Provisions are Governed by the Same Wisconsin Statute that Addresses Non-Compete Provisions
January 22, 2018
The Wisconsin Supreme Court issued a landmark decision on Friday in the case of The Manitowoc Company, Inc. v. John Lanning, 2018 WI 6. The case represented the Court’s first opportunity to determine whether a Non-Solicitation of Employee (NSE) provision in a contract between an employer and an employee is governed by the same statute, Wis. Stat. § 103.465, that governs the enforceability of non-compete restrictive covenants.
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Implications of a Government Shutdown for Employers and Educators
January 19, 2018
As the looming threat of a government shutdown becomes more real, we briefly review prior shutdowns and provide guidance on what employers and educators might anticipate.
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