Latest Legal News

As we near the end of another year, it is time to look ahead…
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Know your employees.

Data processing agreements are a standard part of…
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Thanksgiving memes, just for you!

With the goal of creating a more “stable workforce”…
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Apple Inc. has agreed to pay $25 million to the U.S…
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The National Labor Relations Board announced Thursday…
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Amendments have recently been proposed to two of the…
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Even if you didn't do it.

Not necessarily a reprieve for employers.

The Federal Trade Commission has approved an amendment…
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It’s the fourth quarter. Three seconds are left on the…
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We wish you a very happy Veterans Day 2023.

The U.S. Department of State has taken the first step…
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Last week, we discussed action taken by three states…
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Ex-CEO's lawsuit against the comedian/activist will proceed.

On Monday, President Biden signed an Executive Order on…
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Unpacking the Supreme Court's Affirmative Action…
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On October 26, the National Labor Relations Board, by a 3…
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California Gov. Gavin Newsom (D) has signed AB 947…
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The CBA controls.

Over the past few years, states have launched various…
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They are not employer-friendly.

Better to have the courage of your convictions.

Maybe don’t get a drink with your competitor.

California Gov. Gavin Newsom (D) has signed AB 947 and AB…
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In Part One of this two-part bulletin, we explored the…
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On September 25 a federal court in New York dismissed a…
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The United Kingdom has announced its decision to…
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Was that impolite?

Changes have been made to the Massachusetts Paid Family…
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Something to think about.

On May 22, 2022, Minnesota Gov. Tim Walz (D) signed the…
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It's worth a read.

Employees have a right to privacy.

Unique Entity ID replaces DUNS in EEO-1 Report.  

Texas recently amended its breach notification…
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These six will get the EEOC's attention in 2024-28.

Could this catch on?

Stay ahead of the curve with essential knowledge about…
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Sometimes "irrationality" can be rational.

It’s an understatement to say that companies are…
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Hair. In some religions it is considered a sacred gift…
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Employers with Georgia employees should be aware of…
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A federal judge has struck down final regulations…
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Safety isn't always first.

On September 11^th, Gov. John Carney (D) signed the…
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That's one way to get employers to allow remote work.

Don’t be late. 

In the Broadway musical Pajama Game, based on the 1953…
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New instruction booklet released!  

As we previously reported, the period for submitting…
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Watch your words.

Join Constangy partners Jordan Fischer and Sarah…
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The new Swiss Federal Act on Data Protection, known by…
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Another 1,000 contractors slated for audit.  

This summer, Gov. Joe Lombardo (R) signed the Consumer…
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I hope this won't ruin your Labor Day weekend.

Finally!  

After repeated promises and repeated delays, the U.S…
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The National Labor Relations Board, by a 3 to 1 vote, has…
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Your next audit will be significantly more burdensome. 

In early August, the National Institute of Standards…
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You have an unlikely ally.

In its recent en banc opinion in Hamilton v. Dallas…
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Boards of Directors for public companies across the…
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It's the law.

The National Labor Relations Board swung to a…
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On July 16, Time (the publisher I once knew as Time…
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Help wanted.

As a former Special Agent for the Federal Bureau of…
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About time!

The Plaintiff rapped. Will her case get zapped?

A variety of U.S. work visas require employers to pay a…
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On July 28, the U.S. Department of Labor, Office of…
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One month after the U.S. Supreme Court rejected…
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As most of you know, the Pregnant Workers Fairness Act…
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Back to the “gotcha” days at OFCCP.  

This year has proven to be active in terms of state…
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In the past week, a class action lawsuit was filed…
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On July 31, the California Privacy Protection…
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EDITOR’S NOTE: This is part three of “Cyber AI…
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A federal judge has refused to enjoin New Jersey’s new…
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On July 26, the Securities and Exchange Commission

Yesterday, the U.S. Department of Homeland Security…
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In the past 30 days the U.S. Supreme Court unanimously…
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Does the non-statutory labor exemption save the day?

The Occupational Safety and Health Administration has…
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Employers are reportedly urging the Biden…
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Many employers require employees to sign restrictive…
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EDITOR’S NOTE: This is part two of “Cyber AI…
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The filing of an H-1B petition requires submission of a…
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EDITOR’S NOTE: This is part one of “Cyber AI…
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In 303 Creative v. Elenis, the U.S. Supreme Court held…
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The national impact of ransomware is expanding…
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On June 29, the U.S. Supreme Court held that admissions…
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After last week’s Supreme Court decision in Groff v…
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On Friday, the Sacramento Superior Court issued…
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Oregon will soon join Iowa, Indiana, Florida, Montana…
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Happy Fourth of July!

The European Court of Justice has issued two important…
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The Pennsylvania legislature is considering measures…
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This year has so far proven to be quite active in terms of…
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The U.S. Citizenship and Immigration Services has…
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Must an employer preserve business-related text…
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How does the ADA work for pro athletes?

Happy Juneteenth!

On Wednesday the National Labor Relations Board…
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The U.S. Citizenship and Immigration Services will…
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Will Congress go for it?

Can the playing of rap music in the workplace create a…
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One of the most dreaded things a foreign worker can hear…
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For years, litigation under the Fair Labor Standards…
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The pandemic altered some employment norms.

Our sincere gratitude . . . 

I am pumped! Are you?

Here’s the rundown on the likely candidates.

No breaking news here, folks.  

Inconsistencies were fatal to this employer.

Nothing you wouldn't already have figured out.

The New York City Council has passed a local law to…
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Whom does the union represent?

On the heels of the unanimous passage of Iowa’s Act…
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Happy Mother's Day weekend.

The Virginia General Assembly has ended its 2023…
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As we have seen recently, the U.S. Supreme Court is again…
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As expected, the U.S. Department of Homeland Security…
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Plaintiffs are becoming increasingly creative in…
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Not in my opinion.

On May 1, the National Labor Relations Board issued a…
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On Friday, the U.S. Citizenship and Immigration…
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You may have forgotten this was even “a thing.”  

Can you grieve a tort claim?

Morals based on a real court decision.

Contractors must use the new form by July 25.  

It’s only April, but 2023 has already been a big year…
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Will the Court be opening the floodgates?

International travelers have long relied on receiving…
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Last week, the U.S. Supreme Court issued a decision that…
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Labor lawyers, take note.

That's a good thing.

By now, you have probably heard about OpenAI’s…
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Then again, it may have been that "FU" text I sent the boss.

The U.S. Citizenship and Immigration Services…
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What do the experts have to say?

Firm must go to trial on same-sex harassment claim.

Who can negotiate on his behalf?

Expectations lowered yet again.  

Mental illness can cause problems at work, and keep…
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OFCCP Director heads to White House.

The absence of job dissatisfaction is not job satisfaction.

The Illinois Biometric Information Privacy Act…
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Bad news, but at least employers know where they stand.

On Friday, March 10, the Federal Deposit Insurance…
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It’s never dull moment in California. If you have gone…
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The Nigerian prince seems almost quaint.

Gone are the…
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Contractors, mark your calendars!

You won't go wrong.

Where does the case go from here?

With waits for green cards of up to 10 years, many foreign…
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Recent amendments to Pennsylvania’s data breach law…
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People, it doesn't work.

There is a better option.

President Biden has announced that he will nominate…
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The life cycle of a data security incident begins and…
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This is a G-rated post. PG at worst.

The California legislature has expressed a steady…
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The data are not as supportive as claimed.

A significant HIPAA reporting deadline is fast…
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Fight back against this major cyber threat.

Business…
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Two cents from an employment lawyer.

On Tuesday, the National Labor Relations Board issued…
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On Wednesday, the U.S. Supreme Court issued its…
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This month, the Illinois Supreme Court has issued two…
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What does that mean for hockey?

The U.S. Department of State has indicated that it will…
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Proposed regulations have been submitted for review.

In other words, which presidents can we -- ahem -- blame?

How can employers be prepared?

An updated version of the NIST Cybersecurity Framework…
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The USDOL has issued a handy little guide.

Yesterday New Jersey Governor Phil Murphy (D) signed…
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In Jones v. Google, LLC, a three-judge panel of the U.S…
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The U.S. Citizenship and Immigration Services has…
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Even if the employee doesn't qualify.

Penalties for OSHA violations in 2023 have the…
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On January 25, the Office of the Attorney General for the…
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This year’s deadline for filing individual tax…
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MOST EMPLOYEES IN ILLINOIS WILL SOON BE ABLE TO TAKE UP TO…
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Now, no. Someday, probably.

"Undue hardship" defense is likely to become tougher.

The annual H-1B cap season has begun for Fiscal Year…
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Welcome to the Constangy Cyber Advisor! Our 44-member…
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The importance of certifying compliance becomes evident.

Nothing, but here is my stab at it.

Last week, the U.S. Department of Homeland Security…
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Woo-hoo!

Here are the new penalties for OSHA violations in 2023.

January 15, 1929-April 4, 1968

Inquiring minds want to know!

The U.S. Citizenship and Immigration Services has…
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The non-statutory labor exemption might help some employers.

Pregnancy and lactation accommodation.

The new year is off to a roaring start in the field of…
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Another win for behavioral economics.

Effective 12:01 a.m. Eastern Time on Thursday, most air…
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Thank you for reading our blog.

On Friday, the National Labor Relations Board, in a 3-2…
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The impact on most employers should be minimal.

On Wednesday, the National Labor Relations Board…
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On Tuesday, the National Labor Relations Board, in a 3-2…
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In December 2020, the New York City Council passed the…
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Booze, wage-hour, workers' comp . . . we have it all!

The Biden Administration’s efforts at adjusting the…
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The court punted.

The right to bore, and not to be bored.

Remember faxes? I don't.

It appears that DACA is on life support and can be saved…
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Bad news for contractors.

Notices have gone to some contractors who objected to…
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I'm thankful for my family, friends, colleagues, and…
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Employers, don't be too rigid about employee notice…
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The precedents conflict.

And the Commission will lose its GOP majority.

Here's a handy summary of the federal employment laws…
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Minimum wage, unions, right to work, and legal weed.

Comments being accepted thru Dec. 5.

Last Monday, the U.S. Supreme Court heard oral argument…
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The National Labor Relations Board may soon be coming…
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Fictional, but based on a true story.

The California Privacy Rights Act will go into full…
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One of the most common types of employment-based green…
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Replacing the “EEO is the Law” poster is not optional.  

Not if I have anything to say about it.

At one time or another, one of your employees may have had…
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Two recent court decisions shed some light.

Be the first employer on the block to have one!

The U.S. Supreme Court will soon decide whether a…
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As we previously wrote here and here, New York City…
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The lawsuit that transformed Title VII is over.

I-9 flexibility for remote workers is being extended…
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On Tuesday, we published a bulletin noting that the U.S…
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Employers, know your limits.

You DO want to be "with it," don't you?

A recent opinion from the U.S. Court of Appeals for the…
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This morning, the U.S. Department of Labor issued…
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If so, what will that mean for employers?

And opens up a can of worms.

*Not a parody.

It is a happy day when a foreign national becomes a Lawful…
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Sheesh. I would think so!

The game has changed.

This would be a great law school problem.

So misunderstood!

The new deadline is October 19.

The U.S. Citizenship and Immigration Services has been…
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Before the festivities begin, test your knowledge!

But no need to start rolling up sleeves just yet.  

The requirement is not new, but the process is.  

Probably. Employers, get ready.

The Social Security Administration has discontinued

We are monitoring any developments regarding the…
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It’s been three years since California followed the…
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I'm not sure I agree. With all due respect.

The deadline to object is September 19.

Some relatively good news from the OFCCP. 

The deadline to object is September 19.  

In July 2019, Maryland banned non-compete clauses for…
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Non-union employers, this goes for you, too!

The league failed to address bad precedent.

Everybody's favorite subject.

Even if “somnambulism” is a disability, an…
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File this under “Be careful what you wish for.”  

It’s a stick, not a carrot.  

Late summer odds and ends.

I hope that moment of satisfaction was worth it.

Settle with staffing agency, go on to sue its client.

The leagues are not necessarily of one mind.

The U.S. Citizenship and Immigration Services reports…
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And, for that, we should be grateful.

Second of two on the FLSA.

The players drive the League.

Even though the court was right, this stinks.

Next week: Overtime!

Will a federal judge in New York reach a different…
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And happy 246th birthday to our nation!

Did the NFL drop the ball with Jon Gruden?

As Pride Month draws to a close, employers should focus…
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What should employers consider in light of the Supreme…
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Many California employers can breathe more easily…
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NFL says it will appeal.

California employers, take heed of July 1.

Yesterday, my son and his friends were talking through a…
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Wishing you all a happy Juneteenth.

SCOTUS gives California employers a break.

As a result of a new Order from the Centers for Disease…
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As we wrote here and here, the New York City Council…
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Join host Leigh Tyson as she interviews Kim Seten of our…
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The court is right, I think.

This week, the U.S. Citizenship and Immigration…
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In December 2021, the U.S. Department of State extended…
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I still think an emoji would have helped.

A federal court recently ruled that an employee working…
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While still complying with the ADA.

A pleasant surprise for employers.

Will this catch on in the States?

As we wrote here and here, the New York City Council…
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On Wednesday, the U.S. Citizenship and Immigration…
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Enjoy!

Third post in our series.

In March 2020, the U.S. Department of Homeland Security…
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You bet!

Are customers who use self-checkout entitled to be paid…
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Most companies invest time, energy, and money in…
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There was this disability discrimination issue . . . 

Second post in our series.

Starting today.

Supreme Court considers arbitration waivers of PAGA claims.

(It's possible that you heard this already.)

Plans for the "new" EEOC.

Delays in the processing of petitions and applications…
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As we wrote here and as you probably have seen all…
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“CERT” is now in the history books.  

Join host Leigh Tyson as she interviews Lara de…
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In 2020, the U.S. Department of Homeland Security…
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This spring Gov. Kathy Hochul (D) has signed into law…
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A new series.

This is a public service announcement.

So much for transparency!  

President Biden’s nominee for the United States…
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This week, a federal judge in Texas issued an order that…
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With emphasis on the pandemic.

Of course it is!

Don't be surprised.

Comp analyses are not privileged, OFCCP says.  

Employers can't require arbitration of sexual…
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The questions that people send to advice columns! 

February marked our nation’s annual celebration of…
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Over the past several years, employment authorization…
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Supplemental Paid Sick Leave for COVID is back!

UPDATE: It's Judge Ketanji Brown Jackson, says the NYT.

Some new employment laws are taking effect in New Jersey…
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In determining what counts as harassment in the…
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Host Leigh Tyson interviews Jon Yarbrough about what…
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How could something so convenient be so risky?

Next Thursday!

As we wrote about here, Gov. Kathy Hochul (D) imposed a…
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Building a diverse workforce has become a key business…
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Yesterday, the U.S. Senate passed by voice vote…
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And on to President Biden, who is expected to sign.

I heard a story recently where a (very well intentioned…
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The H-1B cap season is here for Fiscal Year 2023. Once…
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California employers, be aware!

First black woman to be nominated to the Supreme Court.

Reminder: Certify compliance by June 30.  

The Biden Administration has announced that it is…
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Biden promises a nominee by end of February.

The Occupational Safety and Health…
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Where does OSHA go now?

Well, not yet, but possibly soon.

The Centers for Medicare & Medicaid Services has…
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If you weren’t already concerned about the rate of…
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The health care vaccine mandate is here to stay.

January 15, 1939-April 4, 1968.

As almost everyone knows, the U.S. Supreme Court…
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After operating in limbo for a little over two months…
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I won't be as giddy as I was yesterday.

Two justices flip to the other side.

This JUST in.

On December 28, the Centers for Medicare & Medicaid…
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As we find ourselves facing a new year, here is a rundown…
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While we wait.

Here's what employers need to heed in 2022.

New York City will be the latest jurisdiction to…
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The New York City Council has just…
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On December 22, the California Department of Public…
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Supreme Court argument on OSHA ETS starts at 10 a.m. ET.

President Joe Biden has rescinded COVID-19-related…
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Effective January 1, Massachusetts laws have changed…
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On Friday, January 7, the U.S. Supreme Court will hear…
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Let's start off 2022 with a bang!

The deadline is December 30.

For at least a month.

As we reported here, New York City has imposed a vaccine…
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In a decision issued Friday night, the majority of a…
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Opponents of the ETS have requested Supreme Court review.

On Wednesday, the U.S. Court of Appeals for the Fifth…
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This week in Vaccine Mandate/Injunction Land.

New York City parents working in the private sector will…
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From my blog inbox . . .

On December 10, Gov. Kathy Hochul (D) announced that any…
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In response to the Omicron variant of COVID-19, the…
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A federal judge in Georgia issued today a nationwide…
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Contractors collectively breathe sigh of relief.  

Outgoing Mayor Bill de Blasio (D) announced today…
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As most of our readers know, the Occupational Safety and…
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This week's vaccine wisdom (subject to change at any time).

Contractor Portal will soon be live!  

A federal judge has issued a preliminary…
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On Monday, a federal judge in Missouri issued…
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Just a few weeks ago, President Biden rescinded the…
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Are they a good idea?

The new floor is $15 an hour.  

Last Thursday, Gov. Ron DeSantis (R) signed sweeping…
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The U.S. Department of Homeland Security has agreed to…
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The “idiopathic defense” to workers’…
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Wild times.

Mark your calendars.  

This post may become obsolete in the next five minutes.

The Centers for Medicare & Medicaid Services has issued…
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Well, that was fast.

This morning the Occupational Safety and Health…
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Gov. Kathy Hochul (D) has just signed a bill that…
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Substantively moderate, but logistically? Ugh.

Administration is pushing back deadline.

Affiliated entities may now be covered. 

Somebody say "Amen."

So many questions, only a few more answered.