ASAP
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July 13, 2015

Federal Judge Holds FAAAA Preempts a Critical Portion of the Massachusetts Independent Contractor Law

A federal district court judge has held that a section of the Massachusetts Independent Contractor law, as applied to same-day delivery services, is preempted by the Federal Aviation Administration Authorization Act of 1994 (FAAAA).

ASAP
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July 10, 2015

Brazil: Amid Great Recession, Government Issues Executive Order to Stave Off Unemployment and Reduce Labor Costs

On July 6, 2015, the Brazilian government issued an Executive Order called Program to Protect the Employment to slow down the rise of unemployment and the deepening of the recession.

Insight
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July 9, 2015

Board Overrules Longstanding Protections Against Disclosure of Witness Statements

The NLRB articulated a new test for analyzing whether an employer is obligated to disclose witness statements under the NLRA.

ASAP
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July 9, 2015

Australia: Government Seeks to Redefine Parameters of Paid Parental Leave Entitlements to Prevent Employee "Double-Dipping"

Australia's federal government recently introduced the Fairer Paid Parental Leave Bill 2015, which would redefine the parameters of paid parental leave entitlements.

ASAP
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July 8, 2015

Australia: Tribunal Defines "Place of Work" for Off-Duty Misconduct Purposes, Finds Unfair Dismissal Due to Procedurally Defective Investigation

Australia's Fair Works Commission has issued a decision that defines "place of work" for off-duty conduct purposes, and highlights procedural deficiencies in the employer's disciplinary process.

Insight
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July 7, 2015

Montgomery County, Maryland Joins the Jurisdictions Requiring Paid Sick Leave, Alters the Employer Tip Credit

The Montgomery County, Maryland Council recently passed two amendments to the County Code that impact employers.

ASAP
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July 7, 2015

DOL Publishes the Proposed Revisions to the White Collar Regulations and Sets a Deadline to Submit Comments

On July 6, 2015, the proposed rule issued by the Department of Labor to revise the “white collar” overtime exemptions was published in the Federal Register, triggering the start of the 60-day comment period.

Insight
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July 7, 2015

The Sixth Circuit Extends the NLRA's Reach to Tribal-Owned Casinos

The extent of the NLRA's application to tribal-owned and operated enterprises on reservations is an open question in many circuits. Recently, two Sixth Circuit decisions resolved the question in favor of the Act's application to tribal casinos.

Insight
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July 7, 2015

Quinlan Revisited: Employees Who Steal Personnel Records May Not Necessarily Be Fired, But At Least They May Be Prosecuted

The New Jersey Supreme Court has revisited a highly controversial finding that a trusted employee's act of stealing and using her employer's confidential personnel documents in furtherance of her discrimination lawsuit constituted protected activity.

Insight
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July 7, 2015

California Appellate Court Holds Employer Must Withhold Taxes on Back Pay

A California appellate court recently rendered a precedential opinion that should hopefully put to rest the issue of whether an employer must withhold taxes on settlements or judgments made to former employees in employment-related litigation.

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