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ASAP
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September 11, 2019

Employers May Face New Challenges and Liabilities for Violating New York’s Frequency of Pay Law

As a result of a new appellate court decision, New York employers may now face liquidated damages for failing to pay employees as frequently as required by the New York Labor Law.

ASAP
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September 11, 2019

Deal or No Deal, How Will Brexit Affect Employee Work Authorizations in the UK?

As they wait for the political process to play out, UK employers should familiarize themselves with the work authorization policies likely to be in place beginning November 1, 2019.

ASAP
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September 11, 2019

EEOC Announces It Will Not Collect Compensation Data Next Year

The EEOC has announced that it will not seek approval from the Office of Management and Budget to collect detailed employee compensation data on its Form EEO-1 next year.

ASAP
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September 9, 2019

Watch Your Mouth: The NLRB Invites Input on when Profane, Racial, or Sexual Language Crosses the Line

The NLRB has invited briefing regarding the standards for determining whether “profane outbursts and offensive statements of a racial or sexual nature, made in the course of otherwise protected activity,” should lose their Section 7 protection.

ASAP
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September 5, 2019

Seventh Circuit Holds that a Deceleration of Withdrawal Liability is Unavailable Under ERISA’s Common Law

The 7th Circuit recently held that the trustees of a multiemployer pension plan could not agree to an employer’s installment payment plan of its withdrawal liability after the trustees had demanded full payment following the employer’s default.

ASAP
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September 3, 2019

California Pushes Back Start Date for Small Business Anti-Harassment Training Requirement

On August 30, 2019, California Governor Gavin Newsom signed Senate Bill 778, delaying mandatory anti-harassment training deadlines, and resolving confusion about retraining requirements for certain employees who already received training in 2018 or 2019.

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September 3, 2019

California Governor Expresses Support for Amended Misclassification Bill

On Friday, August 30, 2019, the California State Senate Appropriations Committee approved controversial legislation—Assembly Bill 5—that would potentially reclassify millions of independent contractors as “employees” under California state labor laws.

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August 30, 2019

AB 5 Update: California Senate Committee Advances Bill to the Senate Floor

On August 30, 2019, the California Senate Appropriations Committee briefly considered AB 5, the legislature’s response to the California Supreme Court's 2018 opinion in Dynamex v. Superior Court.

ASAP
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August 29, 2019

Five Employer Considerations as Hurricane Dorian Approaches Florida

As Florida residents and tourists prepare for Dorian, this article discusses five issues affected employers may consider as they face employee safety issues, possible property damage, and potential work closures.

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August 22, 2019

Fifth Circuit Confirms that a Day Rate Can Meet the Salary Requirements under the FLSA’s White Collar Overtime Exemptions

On August 21, 2019, the U.S. Court of Appeals for the Fifth Circuit issued an opinion in Faludi v. U.S. Shale Solutions, L.L.C. that may prove to be an important decision for companies that utilize day rate compensation.

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