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Insight
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April 1, 2019

Fighting An Age Old Problem in the UK – Acas Issues Guidance Concerning Discrimination Against Elderly Employees

A leading UK advisory body (Acas) recently published new guidance on age discrimination. This update is timely in light of an age discrimination claim brought by a National Health Service employee that caught the public’s attention.

ASAP
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March 22, 2019

South Carolina Supreme Court Opens Door to Holding Drug-Testing Companies Liable for Negligence

On March 21, 2019, the South Carolina Supreme Court answered a certified question that will impact third-party vendors under contract with South Carolina employers to conduct employee drug testing.

Insight
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March 21, 2019

New Jersey Poised to Enact First Recreational Marijuana Law Protecting Workers from Adverse Employment Action

Draft legislation limits employer action on off-work marijuana use; penalizes employer consideration of arrests or convictions for marijuana offenses in any jurisdiction.

ASAP
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March 20, 2019

New Jersey Enacts Bill Banning NDAs for Discrimination, Retaliation, and Harassment Claims . . . and Fundamentally Attacking Arbitration Agreements

As expected, on March 18, 2019, Governor Murphy added New Jersey to the growing list of states that have chosen to legislate significant contractual limitations upon an employer’s right to enter into certain nondisclosure agreements (NDAs).

Littler Report
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March 4, 2019

Ontario, Canada Mandatory Policies, Training and Postings—Are You In Compliance?

Employers with employees in Ontario often ask about legislative requirements under various employment statutes, including mandatory policies, training and postings.

Insight
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February 22, 2019

Philadelphia’s “Fair Workweek” Ordinance Will Impose Scheduling and Hiring Restrictions on Large Retail, Hospitality and Food Service Establishments

Philadelphia's Fair Workweek Employment Standards Ordinance, effective January 1, 2020, imposes significant hiring, scheduling, and compensation duties on large retail, hospitality and food service businesses.

ASAP
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February 21, 2019

New York City Commission on Human Rights Provides Legal Enforcement Guidance on Race Discrimination on the Basis of Hair

The New York City Commission on Human Rights (NYCCHR) released enforcement guidance on Monday, February 18, 2019, defining discrimination based on natural hair and hairstyles as a subset of race discrimination.

ASAP
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February 5, 2019

A New Cause of Action: Massachusetts High Court Rules That Denying a Lateral Transfer Request Could Constitute Discrimination

On January 29, 2019, the Massachusetts Supreme Judicial Court held that failing to grant a lateral transfer for discriminatory reasons may constitute an “adverse employment action” that violates Massachusetts law.

ASAP
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January 29, 2019

The Ninth Circuit Adopts an Expansive Reading of the FCRA’s Provision Governing Background Check Disclosures

The Ninth Circuit has held that the FCRA's prohibition on including so-called “extraneous” information with the requisite disclosure extends even to information about the legal rights that job applicants have under state fair credit reporting laws.

ASAP
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January 25, 2019

Massachusetts Department of Family and Medical Leave Releases Proposed Regulations

On January 23, 2019, the Massachusetts Department of Family and Medical Leave released proposed regulations clarifying the rights and responsibilities of employers and employees under the new Massachusetts Family and Medical Leave Law.

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